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202004743
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Last modified
7/8/2020 3:16:02 PM
Creation date
7/8/2020 3:16:02 PM
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DEEDS
Inst Number
202004743
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202004743 <br />"Agreement"). <br />(b) The performance of each agreement, covenant and warranty of Trustor herein <br />contained or set forth in the Agreement or any agreement or instrument executed by Trustor in <br />connection with the indebtedness hereby secured; and <br />NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, <br />Trustor does for Trustor and for Trustor's heirs, representatives, vendees, successors and assigns, the <br />owners of said Property, hereby expressly covenant, agree and warrant to and with the Trustee and <br />Beneficiary, and their successors, vendees and assigns: <br />FIRST: That the Trustor hereby covenants and agrees, to the extent permitted by law, as <br />follows: (a) to timely close the real estate transaction in accordance with the Agreement; (b) to <br />promptly pay before delinquency all taxes, assessments and other charges imposed by law upon the <br />Property, the Trustor's interest therein, or upon this Deed of Trust or the Agreement; (c) to keep the <br />above-described Property and the improvements thereon in good condition and repair and not to <br />commit or suffer waste thereof, and except as authorized in any schedule annexed hereto and <br />forming a part hereof; (d) to maintain and deliver to Beneficiary policies of insurance against such <br />hazards on the buildings and improvements now or hereafter located on or constituting a part of the <br />Property as the Beneficiary shall require, in such companies and amounts and with such loss <br />payable clauses as shall be satisfactory to the Beneficiary; that in the event of loss, Beneficiary is <br />expressly authorized to settle or compromise claims under said policies and the proceeds thereof <br />shall be paid to the Beneficiary who may apply the same or any part thereof on the indebtedness <br />secured hereby or toward the reconstruction or repair of said buildings and improvements or release <br />same to the Trustor; (e) to pay any lien, claim or charge against the Property which might take <br />precedence over the lien hereof; (f) that in the event Trustor shall fail to comply with the provisions <br />of (a) through (e) above, the Beneficiary may expend such funds and take such action as is <br />necessary to remedy such failure and all sums paid by the Beneficiary pursuant hereto with interest <br />at the rate hereinafter provided shall constitute a lien upon the Property, shall be secured by this <br />Deed of Trust, and shall be immediately due and repayable to the Beneficiary; (g) not to sell the <br />Property or any portion thereof without the approval of the Beneficiary in writing, except as <br />previously authorized or required by Pinnacle Bank; and in the event of any sale herein prohibited, <br />then the entire indebtedness secured by this Deed of Trust shall, at the option of the Beneficiary, <br />become due and payable; (h) that if the Property or any part or parcel thereof shall be taken or <br />damaged under the power of eminent domain, the award for any Property so taken or damaged <br />(including severance damages to the remaining premises) shall be paid to the Beneficiary and <br />applied in full or in part at the option of the Beneficiary in reduction of the indebtedness hereby <br />secured; (i) that the Beneficiary shall have the right to inspect the Property at such reasonable times <br />as the Beneficiary may desire to determine Trustor's compliance with the covenants contained in <br />this Deed of Trust; (j) that the Beneficiary may release from the lien hereof any part or parcel of the <br />Property without requiring any consideration therefor, and (1) that Trustor is lawfully seized of said <br />premises and Property in fee simple, that the same are free from all liens and encumbrances except <br />such first position lien and deed of trust previously filed by Pinnacle Bank, or as may otherwise be <br />specifically noted herein or waived in writing by the Beneficiary; that Trustor will execute or <br />procure any further necessary assurances of title and does hereby warrant generally the title to said <br />Property and will forever defend the same against the claims and demands of all persons <br />whomsoever, and that Trustor's separate estate, whether vested, contingent or in expectancy, is <br />hereby conveyed and Trustor does hereby expressly waive, release all rights and benefits of any <br />homestead, dower, curtesy, appraisement, exemption and stay laws of this state <br />
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