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202000167
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Last modified
3/11/2021 10:43:05 AM
Creation date
1/9/2020 11:31:57 AM
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DEEDS
Inst Number
202000167
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202000167 <br />contribution in the event Trustor becomes liable for cleanup or other costs under any such <br />laws, (b) agrees to indemnify and hold harmless Beneficiary against any and all claims, <br />losses, liabilities, damages, penalties, and expenses which Beneficiary may directly or <br />indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a <br />consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustor's ownership or interest in the Property, whether or not the <br />same was or should have been known to Trustor. The provisions of this section of the <br />Deed of Trust, including the obligation to indemnify, shall survive the payment of the <br />indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and <br />shall not be affected by Beneficiary's acquisition of any interest in the Property, whether by <br />foreclosure or otherwise. <br />8. Right of Entry. Beneficiary, may at any time without notice to Trustor, enter and <br />inspect or protect the property in person or by its agent, in any manner as may be deemed <br />reasonable and necessary to protect the value of the property. Beneficiary may undertake <br />such repairs or maintenance as it deems necessary and the costs shall immediately <br />become due and payable to Beneficiary and said amount shall be reimbursed in the same <br />manner as provided for insurance and taxes. Beneficiary shall not be deemed to have <br />waived its rights to declare default under this Deed of Trust for failure to maintain the <br />property correctly even though the Beneficiary undertakes to perform such repairs and <br />maintenance. <br />9. Protection of Beneficiary's Security. If Trustor fails to perform the agreements <br />contained in this Deed of Trust or if any proceedings are commenced which materially affect <br />Beneficiary's interest in the real property including but not limited to eminent domain, <br />bankruptcy, enforcement of statutory provisions or foreclosure of a prior mortgage or Deed <br />of Trust, then the Beneficiary, at it's option, upon such notice to Trustor as may be required <br />by law, may make such appearance, dispose of such sums and take any action necessary <br />to protect Beneficiary's interest, including but not limited to, disbursement of reasonable <br />attorneys fees and entry on to the real property. In the event of any default hereunder and <br />whether or not an action is instituted to enforce this Deed of Trust or the Note, Trustor <br />promises to pay to the Beneficiary any reasonable sum for costs incurred in good faith by <br />Beneficiary. The Trustor shall be liable to Beneficiary for repayment of said amounts <br />together with interest at the highest legal rate not to exceed twenty (20) per cent. <br />10. No Waiver. Acceptance by Beneficiary of any sums from Trustor or any other <br />person after the same is due shall not constitute a waiver of the right to require full payment <br />or to declare default. The acceptance by Beneficiary of any sum in an amount less than the <br />sum due shall be deemed an acceptance on account and shall not constitute a waiver. <br />11. Assignment of Rent and Possession. In the event of default in the <br />performance of this Deed of Trust, the Note or any other instruments that relate to this loan, <br />the Beneficiary shall be entitled to the immediate possession of the property together with <br />all the rents and income derived from the real property. The Beneficiary has discretion to <br />use the rents and profits for the purpose of paying any accounts mentioned under this Deed <br />4 <br />
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