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202105604
<br />Together with all water and water rights, (whether riparian, appropriative or otherwise, and whether or not appurtenant to
<br />the above described real property) wells, well permits, ditches, ditch rights, reservoir rights, storage rights, and water stock
<br />hereinafter referred to collectively as "water rights") that may now, or at any time in the future, be used in connection with the
<br />above described real property.
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurt-
<br />enances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof,
<br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to,
<br />heating and cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby
<br />released and waived; all of which, including replacements and additions thereto, is hereby declared to be a part of the real
<br />estate secured by the lien of this Deed of Trust and all of the foregoing being referred to herein as the "Property".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note(s) or
<br />credit agreement(s) as follows:
<br />Date of Maker(s) of Original Maturity
<br />Note(s) Note(s) Principal Amount(s) Date(s)
<br />July 1, 2021 Derrick R. Anderson $60,000.00 January 1, 2022
<br />and any and all modifications, extensions, and renewals thereof or thereto to Borrower (or any of them if more than one) hereunder
<br />pursuant to one or more promissory notes or credit agreements (herein called "Note", whether one or more); (b) the payment of
<br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor
<br />set forth herein; and (d) all present indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether
<br />direct, indirect, absolute or contingent and whether or arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust
<br />and any and all other documents that secure the Note or otherwise executed in connection therewith, including without limitation
<br />guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments".
<br />Trustor covenants and agrees with Lender as follows:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the
<br />lien created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing
<br />and delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not
<br />violate any contract or other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the
<br />Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended
<br />coverage", and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming
<br />Lender as an additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is
<br />authorized to adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the
<br />insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to
<br />be used for the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without
<br />affecting the lien of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any
<br />application of proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure
<br />any default thereunder or hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate,
<br />sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other
<br />charges against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any
<br />mortgage insurance required by Lender.
<br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair;
<br />shall promptly repair; or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or
<br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not
<br />commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall
<br />pay and promptly discharge at Trustor's cost and expense all liens, encumbrances, and charges levied, imposed or assessed
<br />against that Property or any part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation awards, damages and other payments or relief
<br />(hereinafter "Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for conveyance in
<br />lieu of condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or
<br />or proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In
<br />the event any portion of the Property is so taken or damaged, Lender shall have the option, in its sole and absolute discretion,
<br />to apply all such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds,
<br />upon any indebtedness secured hereby and in such order as Lender may determine, or to apply all such Proceeds, after such
<br />deductions, to the restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to
<br />indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or
<br />hereunder.
<br />8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal
<br />proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without
<br />obligation to do so, and without notice or demand upon Trustor and without releasing Trustor from any obligation, do any act
<br />which Trustor has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor
<br />shall, immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by
<br />Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default rate
<br />provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of
<br />anything it may do or omit to do hereunder.
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