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DCN: DCFAC8CA61C26CB8BD1840F5FEC063E7 <br />(b) All sums advanced or paid by Beneficiary on account of the failure of the Trustors or Debtors to comply <br />with the terms or covenants of this Deed of Trust or other document(s) signed by Trustors or Debtor. <br />(c) Subject to the provisions of Paragraph 23, all future advances and future obligations as provided herein. <br />If Trustors do and perform all of the covenants and agreements herein contained, and if Debtors make prompt <br />payment of all indebtedness secured hereby as the same shall become due and payable, then this conveyance <br />shall become null and void and of no further force and effect, and this Deed of Trust shall be released, at the <br />expense of Trustors, by the Beneficiary. <br />Trustors covenant and agree as follows: <br />1. Title. That they are lawfully seized of the Property, and have the right to convey the same, and that the <br />Property is free from all liens and encumbrances, except as herein provided. <br />2. Taxes, Assessments. To protect the title and possession of the Property, and to pay when due all taxes and <br />assessments now existing or hereafter levied or assessed upon the Property or levied or assessed on the <br />interest therein created by this Deed of Trust, and to deliver to Beneficiary on or before thirty (30) days prior <br />to the date such taxes become delinquent, validated receipts evidencing payment of all such taxes, and to <br />preserve and maintain the lien hereby created as a first and prior lien, except as hereinafter provided, on the <br />Property, including any improvements hereafter made a part of the realty. <br />3. Maintenance . To keep the improvements on the Property in good repair and condition, and not to, permit or <br />commit any waste thereof, and to keep all buildings and other improvements occupied so as not to impair the <br />insurance carried thereon. <br />4. Insurance. To insure and keep insured all improvements now or hereafter created upon the Property against <br />loss or damage by fire and windstorm and any other hazard or hazards, as may be reasonably required from <br />time to time by Beneficiary during the term of the indebtedness hereby secured, to the extent of the original <br />amount of the indebtedness hereby secured or to the extent of the full insurable value of said improvements, <br />whichever is the lesser, in such form and with such insurance company or companies as may be approved by <br />Beneficiary; and to deliver to Beneficiary the policies of such insurance, having attached to said policies such <br />mortgage mdemmty clause as Beneficiary shall direct; and to deliver renewals of such policies to Beneficiary <br />at least ten (10) days before any such insurance policies shall expire. Any proceeds which Beneficiary may <br />receive under any such policy, or policies, may be applied by Beneficiary, at its option, to reduce the <br />indebtedness hereby secured, whether then matured or to mature in the future, and in such manner as <br />Beneficiary may elect; or Beneficiary may permit Trustors to use said proceeds to repair or replace all <br />improvements damaged or destroyed and covered by said policy <br />5. Performance by Beneficiary. That, in the event Trustors shall fail to keep the improvements on the Property <br />hereby conveyed in good repair and condition, or to pay promptly when due all taxes and assessments as <br />aforesaid, or to preserve the prior lien of this Deed of Trust on the Property, or to keep the buildings and <br />improvements insured as aforesaid, or to deliver the policy or policies of insurance, or the renewal or <br />renewals thereof, to Beneficiary as aforesaid, then Beneficiary may at its option, but without being required <br />to do so, make such repairs, pay such taxes and assessments, purchase any tax title thereon, remove any prior <br />liens, and prosecute or defend any suits in relation to the preservation of the prior lien of this Deed of Trust <br />on the Property, or insure and keep insured the improvements thereon in an amount not to exceed that above <br />stipulated; and any sums which may be so paid out by Beneficiary, and all sums paid for insurance premiums <br />as aforesaid, including the costs, expenses and attorney's fees paid in any suit affecting the Property, shall <br />bear interest from the dates of such payments at the rate stated in said Note is payable, and shall be deemed a <br />part of the debt hereby secured and recoverable as such in all respects. <br />6. Default Foreclosure. That, in the event of default in the payment of any installment, principal or interest, <br />of the D ote hereby secured, in accordance with the terms thereof, or in the event of a breach of any of the <br />covenants herein contained to be performed by Trustors, or to be performed by Debtors under any loan . <br />agreement or loan commitment executed in connection with the indebtedness secured hereby, then and in <br />any of such events, Beneficiary may elect, Trustors hereby expressly waiving notice of intent to accelerate <br />maturity of the indebtedness, protest and notice of protest, presentment and demand for ayment, to declare <br />the entire principal indebtedness hereby secured, with all interest accrued thereon and all other sums hereby <br />secured, immediately due and payable; and in the event of default in the payment of said indebtedness when <br />due or declared due, it shall thereupon, or at any time thereafter, be the duty of the Trustee, or his successor <br />or substitute as hereinafter provided, at the request of Beneficiary (which request is hereby conclusively <br />presumed), to enforce this trust; and the Trustee may proceed to sell the above described and conveyed <br />Property then subject to the lien hereof and any and every part thereof, at public venue, to the highest <br />bidder, at the customary place in the county in which the above described real estate is located, for cash, <br />first giving the public notice required by law of the time, terms and place of sale, and of the property to be <br />sold; and upon such sale the Trustee shall execute and deliver a deed of conveyance of the Property sold to <br />the purchaser or purchasers thereof, and any statement or recital of fact in such deed in relation to the <br />nonpayment of money hereby secured to be paid, existence of the secured obligations, notice of <br />advertisement, sale, receipt of money, and the happening of any of the events whereby any successor trustee <br />became successor as herein provided, shall be prima facie evidence of the truth of such statement or recital; <br />and the Trustee shall receive the proceeds of such sale, out of which the Trustee shall pay: first, the cost <br />and expenses of executing his trust, including attorneys' fees and compensation to the Trustee for his <br />services; and next to Beneficiary or its endorsees or assignees, upon the usual vouchers therefor, all <br />monies paid pursuant to or under any provisions set forth herein, in the Note or in any of the other documents <br />or instruments secured hereby; and next to the payment of the Note and other secured obligations, in such <br />order as Beneficiary may elect; and the balance of such proceeds, if any, shall be paid to the person or <br />persons legally entitled thereto; and the Trustee covenants faithfully to perform the trust herein created; all <br />in accordance with applicable law. Default shall also exist if any loan proceeds are used for a purpose that <br />will contribute to excessive erosion of highly erodible land or to the conversion of wetland to produce or to <br />make possible the production of an agricultural commodity, further explained in CFR Part 1940, Subpart G, <br />Exhibit M. <br />7. Possession. If a sale shall be held hereunder, the Trustee hereby lets the Property to Trustors, upon the <br />following terms and conditions, to -wit: Trustors, and every and all persons claiming or possessing the <br />Property, or any part thereof, by, through, or under Trustors shall or will pay rent therefor during the term at <br />the rate of one cent per month, payable monthly upon demand and shall and will surrender peaceable <br />possession of the Property, and any and every part thereof, to the Trustee, its successors, assignees, or <br />purchasers thereof, without notice or demand therefor, upon the occurrence of any default or breach under <br />the Note or this Deed of Trust. <br />Form NEDEED <br />111111111 <br />11 <br />IIIII <br />i <br />11111111111111111 <br />REPRESENTATIONS, WARRANT! I,S A <br />IN I <br />11 <br />1 1 <br />11 <br />III <br />201802822 <br />Page 2 of 5 <br />CO <br />® Copyright 01/14 American Bank Systems, Inc. <br />