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202300986
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Last modified
3/2/2023 4:24:04 PM
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3/2/2023 4:24:02 PM
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DEEDS
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202300986
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202300986 <br />Section 2.4 Release of Deed of Trust and Termination of Assignments and Financing <br />Statements. <br />On satisfaction of all of Grantor's Obligations, and on written request of Lender stating that all <br />sums secured hereby have been fully and finally paid, and on surrender of this Deed of Trust to Trustee for <br />cancellation, Trustee shall reconvey to Grantor or the person or persons legally entitled thereto, without <br />warranty, any portion of the Property then held hereunder. The recitals in any such reconveyance of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. <br />Section 2.5 Future Advances. <br />This Deed of Trust is given for the purpose of securing the Loan and the other Obligations and <br />other extensions of credit given and protective advances made by Lender under this Deed of Trust, the Loan <br />Agreement, or any other Loan Document. The parties intend that this Deed of Trust shall secure all <br />Obligations and indebtedness Grantor or Guarantor owes to Lender, whether now existing or hereafter <br />accrued, made or extended. All such future advances will have the same priority as the original advance. <br />Article III <br />Representations and Warranties. <br />Grantor makes the following representations and warranties to Lender: <br />Section 3.1 Title to Real Property. <br />Grantor has good, indefeasible, marketable, and insurable fee simple absolute title to the Property, <br />and has the right to mortgage, grant, bargain, sell, pledge, assign, warrant, transfer, and convey the same. <br />Borrower's title is unencumbered except for the Permitted Encumbrances. This Deed of Trust, when <br />properly recorded in the appropriate records, together with any Uniform Commercial Code financing <br />statements required to be filed in connection therewith, will create (a) a valid, perfected first priority Lien <br />on the Property, subject only to Permitted Encumbrances and (b) perfected security interests in and to, and <br />perfected collateral assignments of, all Personalty, all in accordance with the terms thereof, in each case <br />subject only to any applicable Permitted Encumbrances. Grantor shall forever warrant, defend, and <br />preserve the title and the validity and priority of the lien of this Deed of Trust and shall forever warrant and <br />defend the same to Lender against the claims of all Persons whomsoever. <br />Section 3.2 Title to Other Property. <br />Grantor has good title to the Personalty, and the Personalty is not subject to any Encumbrance other <br />than the Permitted Encumbrances. <br />Section 3.3 Property Assessments. <br />The Real Property is assessed for purposes of Property Assessments as a separate and distinct parcel <br />from any other property, such that the Real Property shall never become subject to the Lien of any Property <br />Assessments levied or assessed against any property other than the Real Property. Upon request of Lender, <br />Grantor will deposit with Lender to hold in escrow amounts required by Lender to pay Property <br />Assessments and insurance. <br />11 <br />
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