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<br />89-0 102773
<br />exemption and any surviving spouse's marital or distributive
<br />share, and all other contingent rights in and to said
<br />premises; all water, water rights, whether riparian, appro-
<br />priative or otherwise and whether or not appurtenant, all
<br />ditch rights, and any shares of stock evidencing any such
<br />water or ditch right] and
<br />All fixtures, improvements, buildings, and the plumbing,
<br />heating, ventilating and lighting systems and equipment
<br />therein; all barn equipment; and all pumps, pumping sta-
<br />tions, motors, engines, machinery, reservoirs, pipes,
<br />flumes, fences, and other machinery or equipment, except
<br />tractors, used for the-production of water on said premises
<br />or for the irrigation or drainage thereof, all of which
<br />shall be construed and considered as affixed to and part of
<br />the real estate.
<br />All of the foregoing - estate, property and interest hereby con-
<br />veyed to the said .Trustee is hereinafter collectively referred to
<br />as the "Property ".
<br />TO HAVE AND TO HOLD the same unto the said Trustee, his suc-
<br />cessors and assigns, forever, IN TRUST HOWEVER and WITH POWER OF
<br />SALE hereby , expressly granted unto the said Trustee, his succes-
<br />sors, and assigns for the purpose of securing:
<br />(a) The payment of Trustor's Mast indebtedness to Benefi-
<br />ciary In the principal sum of Fifth* Thousand and No /100 Dollars
<br />($50,,000.00) for money borrowed,.with interest thereon, all as
<br />eSJiil PnL^Afi is� as�Ll in strict o.,�;vA.'',tot�v;2 �,vL " the terms OI that Cer-
<br />tain.promissory note, hereinafter called the "Note ", bearing even
<br />date herewith made payable to the order of Beneficiary, executed
<br />by Larry Hemmett and Judy Hemmett, and providing for the payment
<br />of said indebtedness in installments, the last of which is due
<br />and payable November 29, 2009, subject to acceleration of matu-
<br />rity on default in the payment of any installment of.principal or
<br />interest or in the performance of any covenant, agreement or war -
<br />ranty contained in this Deed of Trust;
<br />(b) The performance of each agreement, covenant and war -
<br />ranty of Trustor herein contained or set forth in.the Note or any
<br />agreement or instrument executed by Trustor in connection with
<br />the indebtedness hereby secured; and
<br />(c) The payment of any sum or sums of money with interest
<br />thereon which may be hereafter paid or advanced under the terms
<br />of the Deed of Trust.
<br />NOW, .THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF
<br />TRUST, Trustor does for himself and for Trustor's heirs, repre-
<br />sentatives, vendees, successors and•assigns, the owners of said
<br />Property, hereby expressly covenant, agree and warrant to and
<br />with the Trustee and Beneficiary, and their successors, vendees
<br />and assigns:
<br />FIRST: That the Trustor hereby covenants and agrees, to the
<br />extent permitted by law, as follows: (a) to pay promptly when
<br />due the principal and interest and other sums of money provided
<br />for in the Note and in this Deed of Trust; (b) to promptly pay
<br />before delinquency all taxes, assessments and other charges im-
<br />posed by law upon the Property, -'�
<br />in tite even r_ha.ngP of ¢ha to= P�itic,�fur
<br />L0.9 sernared so s s &Q. Qs =co: Obis _ fi
<br />-- * t
<br />and payab"; (c) to
<br />keep the above- described property and the improvements thereon in
<br />good condition and repair and not to commit or suffer waste
<br />thereof, and except as .,pthL-rized iri any nchedu;E• atine•xed hereto
<br />lei
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