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201602032
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Last modified
5/17/2016 12:56:36 PM
Creation date
4/5/2016 4:13:46 PM
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DEEDS
Inst Number
201602032
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"A" attached hereto and incorporated herein by reference. <br />20160202 <br />TOGETHER WITH all rents, easements, appurtenances, hereditaments, interest in <br />adjoining roads, improvements and buildings of any kind situated thereon and all personal <br />property that may be or hereafter become an integral part of such property. <br />The property and the entire estate and interest conveyed to the Trustee are <br />referred to collectively as the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of $200,000.00, with <br />interest thereon at the rate of 5% per annum, as evidenced by that certain Promissory <br />Note of even date ( "The Note ") with a maturity date of April 1, 2018, executed by Trustor, <br />which has been delivered and is payable to the order of Beneficiaries, and which by this <br />reference is made a part hereof, and any and all modifications, extensions and renewals <br />thereof; <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with <br />interest at the rate of 10% per annum (default rate). <br />This Deed of Trust, the Promissory Note, and Security Agreement and any other <br />instrument given to evidence or further secure the payment and performance of any <br />obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and <br />the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as <br />provided in the Loan Instruments. <br />2. REAL ESTATE TAXES. Trustor shall pay the annual real estate taxes to the Hall <br />County Treasurer before the taxes become delinquent and shall furnish tax receipts to <br />Beneficiary on or before May 1 and September 1 each year. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage <br />insurance insuring the improvements and buildings constituting part of the Trust Estate for an <br />amount no less than the amount of the unpaid principal balance of the Note (co- insurance not <br />exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in <br />favor of Beneficiaries and shall not be cancelable, terminable, or modifiable without ten (10) <br />days prior written notice to Beneficiaries. Trustor shall promptly repair, maintain and replace <br />the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate <br />shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any <br />action or proceeding purporting to affect the security hereof or the rights or powers of <br />Beneficiaries or Trustee, and shall pay all costs and expenses, including cost of evidence of <br />title and attorney's fees, in any such action or proceeding in which Beneficiaries or Trustee <br />may appear. Should Trustor fail to make any payment or to do any act as and in the manner <br />provided in any of the Loan Instruments, Beneficiaries and /or Trustee, each in its own <br />discretion, without obligation, may make or do the same in such manner and to such extent as <br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon <br />demand therefor by Beneficiaries, pay all costs and expenses incurred by Beneficiaries in <br />connection with the exercise by Beneficiaries of the foregoing rights, including, without <br />limitation, costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any <br />such costs and expenses not paid within ten (10) days of written demand shall draw interest at <br />the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, <br />be taken or damaged by reason of any public improvement or condemnation proceeding, or in <br />any other manner including deed in lieu of Condemnation ( "Condemnation "), or should Trustor <br />receive any notice or other information regarding such proceeding, Trustor shall give prompt <br />
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