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200005025 <br />other leases; all easements and rights of way; all rights of homestead <br />and homestead exemption and any surviving spouse's marital or distribu- <br />tive share, and all other contingent rights in and to said premises; and <br />All fixtures, improvements, buildings, and the plumbing, heating, <br />ventilating and lighting systems and equipment therein, all of which <br />shall be construed and considered as affixed to and part of the real <br />estate. <br />All of the foregoing estate, property and interest hereby conveyed to the <br />said Trustee is hereinafter collectively referred to as the "Property." <br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors <br />and assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly <br />granted unto the said Trustee, Trustee's successors, and assigns for the <br />purpose of securing: <br />(a) The payment of Trustor's just indebtedness to Beneficiary in the <br />principal sum of Forty -six Thousand Four Hundred Seventeen and 58/100 Dollars <br />($46,417.58) for money borrowed, with interest thereon, all as evidenced by <br />and in strict accordance with the terms of that certain promissory note <br />hereinafter called the "Note ", bearing even date herewith made payable to the <br />order of Beneficiary, executed by Mark J. Griesman and Rita Griesman, husband <br />and wife, and providing for the payment of said indebtedness in installments, <br />subject to acceleration of maturity on default in the payment of any <br />installment of principal or interest or in the performance of any covenant, <br />agreement or warranty contained in this Deed of Trust; <br />(b) The performance of each agreement, covenant and warranty of Trustor <br />herein contained or set forth in the Note or any agreement or instrument <br />executed by Trustor in connection with the indebtedness hereby secured; and <br />(c) The payment of any sum or sums of money with interest thereon which <br />may be hereafter paid or advanced under the terms of this Deed of Trust. <br />NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor <br />does for Trustor and for Trustor's heirs, representatives, vendees, <br />successors and assigns, the owners of said Property, hereby expressly <br />covenant, agree and warrant to and with the Trustee and Beneficiary, and <br />their successors, vendees and assigns: <br />First: That the Trustor hereby covenants and agrees, to the extent <br />permitted by law, as follows: (a) to pay promptly when due the principal and <br />interest and other sums of money provided for in the Note and in this Deed of <br />Trust; (b) to promptly pay before delinquency all taxes, assessments and <br />other charges imposed by law upon the Property, the Trustor's interest <br />therein, or upon this Deed of Trust or the Note; provided, however, that in <br />the event of any change of the law providing for the taxation of deeds of <br />trust or debts thereby secured so as to affect this Deed of Trust, the entire <br />indebtedness secured hereby shall at the option of the Beneficiary become due <br />and payable; (c) to keep the above - described Property and the improvements <br />thereon in good condition and repair and not to commit or suffer waste <br />thereof, and except as authorized in any schedule annexed hereto and forming <br />a part hereof; (d) to maintain and deliver to Beneficiary policies of <br />insurance against such hazards on the buildings and improvements now or <br />hereafter located on or constituting a part of the Property as the Beneficia- <br />ry shall require, in such companies and amounts and with such loss payable <br />clauses as shall be satisfactory to the Beneficiary; that in the event of <br />loss, Beneficiary is expressly authorized to settle or compromise claims <br />under said policies and the proceeds thereof shall be paid to the Beneficiary <br />who may apply the same or any part thereof on the indebtedness secured hereby <br />or toward the reconstruction or repair of said buildings and improvements or <br />release same to the Trustor; (e) to pay any lien, claim or charge against the <br />Property which might take precedence over the lien hereof; (f) to pay on <br />demand all legal expenses, title searches, appraisal or attorneys' fees <br />reasonably incurred or paid by Beneficiary to collect the Note or foreclose <br />or protect the lien of this Deed of Trust; (g) that in the event Trustor <br />shall fail to comply with the provisions of (a) through (f) above, the <br />Beneficiary may expend such funds and take such action as is necessary to <br />remedy such failure and all sums paid by the Beneficiary pursuant hereto with <br />interest at the rate hereinafter provided shall constitute a lien upon the <br />Property, shall be secured by this Deed of Trust, and shall be immediately <br />