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200005409 <br />NOW, THEREFORE, under this Trust Deed, for the purpose of securing <br />performance of each agreement of Trustor herein contained and the payment in <br />the principal sum of FORTY -FOUR THOUSAND NINE HUNDRED DOLLARS AND NO /100 <br />($44,900.00) and the interest on unpaid balances, as evidenced by a Note <br />bearing even date at the rate of seven percent (7.0o) per annum until paid, and <br />all extensions, modifications and renewals thereof or advances made subsequent <br />to the date hereon, (all of said documents shall be collectively referred to in <br />this Trust Deed as the "Note "). The principal sum and interest thereon shall <br />be payable according to the terms of said Note. <br />1. TITLE. The Trustor covenants and agrees with the said Trustee and <br />Beneficiary that it is lawfully seized of said Property; that it has good right <br />and lawful authority to sell and convey said Property, that said Property is <br />free and clear of all liens and encumbrances and that Trustor will warrant and <br />defend the title to said Property unto the Trustee and its successors and <br />assigns forever against the claims of all persons. <br />2. TRUSTOR DUTIES. It is agreed by and between the parties hereto that while <br />title is vested in the Trustee, prior to any reconveyance, and until filing of <br />a Notice of Default, the Trustor shall: <br />I. Retain possession of the Property and collect the rents and <br />revenues therefrom. <br />II. Maintain the buildings and improvements located thereon in <br />good condition and repair; said buildings and improvements thereon shall not be <br />removed or sold without the written agreement and consent of all parties <br />hereto. <br />III. Pay all taxes and special assessments levied or assessed <br />against or due upon said Property before delinquency, and to deliver to <br />Beneficiary, at Beneficiary's option, copies of receipts showing payment of <br />such taxes. <br />IV. Procure and maintain policies of insurance against the usual <br />hazards of fire, hail, windstorm and other similar risks, in sums and <br />underwritten by companies acceptable to the <br />Beneficiary, with loss payable to the parties as their interest may appear and <br />to deliver copies of such policies to said Beneficiary. <br />V. Pay to the Beneficiary, if Beneficiary so requires, together <br />with and in addition to the regular payments of principal and interest, on the <br />date set forth for the making of the payment a sum as established by the <br />Beneficiary equal to the taxes and special assessments next due on the <br />Property, plus the premium that will next become due and payable on insurance <br />policies covering the Property. Said sums to be held by the Beneficiary ii; <br />trust to pay the taxes, special assessments and insurance premiums. Any <br />deficiency in the amount of any aggregate payment (principal, interest, taxes, <br />special assessments and insurance premium) shall constitute a default. The <br />arrangements provided for in this sub - paragraph are for the added protection of <br />the Beneficiary, and entail no responsibility on the part of the Beneficiary. <br />VI. Neither conveyance or transfer of said Property, nor <br />assignment of this instrument shall be made without the written consent of <br />Beneficiary. <br />VII. Trustor covenants and agrees that a failure to make any <br />payment of either principal or interest on the note secured hereby when due and <br />payable, or a failure to comply with any of the covenants and agreements herein <br />made shall cause the whole sum of money hereby secured to become due and <br />collectible at once at the option of the Beneficiary, and Beneficiary shall <br />have the right to cause Notice of Default to be given and the Property to be <br />sold as provided herein. <br />3. TRUSTEE CONSENT. At any time, and from time to time; upon written request <br />of Beneficiary; the payment of fees and presentation of this Trust Deed and <br />note for endorsement (in case of full reconveyance, for cancellation and <br />retention), and without affecting the liability of any person for the payment <br />of the indebtedness, Trustee may (a) consent to the making of any map or plat <br />of said property; (b) join in any subordination or other agreement affecting <br />this Trust Deed or the lien or change thereof; (c) reconvey, without warranty, <br />all or any part of said property. <br />4. IDENTITY; RECONVEYANCE. The grantee in any reconveyance may be described <br />as the person or persons entitled thereto ", and the recitals therein of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. <br />5. DEFAULT. Upon default by Trustor in the payment of any indebtedness <br />secured hereby or in the performance of any agreement hereunder, Beneficiary <br />may declare all sums secured hereby immediately due and payable by delivery to <br />Trustee of written declaration of default. If Beneficiary desires said <br />property to be sold, it shall deposit with Trustee this Trust Deed and all <br />promissory notes and documents evidencing expenditures secured hereby, and <br />shall deliver to Trustee a written notice of default and election to cause said <br />property to be sold in the form required by law, which shall be duly filed for <br />