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202403133 <br />DCN: 0B3264681A85BB421BA5E9E6E78E3806 <br />(b) All sums advanced or paid by Beneficiary on account of the failure of the Trustors or Debtors to comply with <br />the terms or covenants of this Deed of Trust or other document(s) signed by Trustors or Debtor. <br />(c) Subject to the provisions of Paragraph 23, all future advances and future obligations as provided herein. <br />If Trustors do and perform all of the covenants and agreements herein contained, and if Debtors make prompt <br />payment of all indebtedness secured hereby as the same shall become due and payable, then this conveyance shall <br />become null and void and of no further force and effect, and this Deed of Trust shall be released, at the expense of <br />Trustors, by the Beneficiary. <br />REPRESENTATIONS, WARRANTIES AND COVENANTS <br />Trustors covenant and agree as follows: <br />1. Title. That they are lawfully seized of the Property, and have the right to convey the same, and that the <br />Property is free from all liens and encumbrances, except as herein provided. <br />2. Taxes, Assessments. To protect the title and possession of the Property, and to pay when due all taxes and <br />assessments now existing or hereafter levied or assessed upon the Property or levied or assessed on the interest <br />therein created by this Deed of Trust, and to deliver to Beneficiary on or before thirty (30) days prior to the <br />date such taxes become delinquent, validated receipts evidencing payment of all such taxes, and to preserve <br />and maintain the lien hereby created as a first and prior lien, except as hereinafter provided, on the Property, <br />including any improvements hereafter made a part of the realty. <br />3. Maintenance. To keep the improvements on the Property in good repair and condition, and not to permit or <br />commit any waste thereof, and to keep all buildings and other improvements occupied so as not to impair the <br />insurance carried thereon. <br />4. Insurance. To insure and keep insured all improvements now or hereafter created upon the Property against <br />loss or damage by fire and windstorm and any other hazard or hazards, as may be reasonably required from <br />time to time by Beneficiary during the term of the indebtedness hereby secured, to the extent of the original <br />amount of the indebtedness hereby secured or to the extent of the full insurable value of said improvements, <br />whichever is the lesser, in such form and with such insurance company or companies as may be approved by <br />Beneficiary; and to deliver to Beneficiary the policies of such insurance, having attached to said policies such <br />mortgage indemnity clause as Beneficiary shall direct; and to deliver renewals of such policies to Beneficiary <br />at least ten (10) days before any such insurance policies shall expire. Any proceeds which Beneficiary may <br />receive under any such policy, or policies, may be applied by Beneficiary, at its option, to reduce the <br />indebtedness hereby secured, whether then matured or to mature in the future, and in such manner as <br />Beneficiary may elect; or Beneficiary may permit Trustors to use said proceeds to repair or replace all <br />improvements damaged or destroyed and covered by said policy. <br />5. Performance by Beneficiary. That, in the event Trustors shall fail to keep the improvements on the Property <br />hereby conveyed in good repair and condition, or to pay promptly when due all taxes and assessments as <br />aforesaid, or to preserve the prior lien of this Deed of Trust on the Property, or to keep the buildings and <br />improvements insured as aforesaid, or to deliver the policy or policies of insurance, or the renewal or renewals <br />thereof, to Beneficiary as aforesaid, then Beneficiary may, at its option, but without being required to do so, <br />make such repairs, pay such taxes and assessments, purchase any tax title thereon, remove any prior liens, and <br />prosecute or defend any suits in relation to the preservation of the prior lien of this Deed of Trust on the <br />Property, or insure and keep insured the improvements thereon in an amount not to exceed that above <br />stipulated; and any sums which may be so paid out by Beneficiary, and all sums paid for insurance premiums <br />as aforesaid, including the costs, expenses and attorney's fees paid in any suit affecting the Property, shall bear <br />interest from the dates of such payments at the rate stated in said Note is payable, and shall be deemed a part <br />of the debt hereby secured and recoverable as such in all respects. <br />6. Default, Foreclosure. That, in the event of default in the payment of any installment, principal or interest, of <br />the Note hereby secured, in accordance with the terms thereof, or in the event of a breach of any of the <br />covenants herein contained to be performed by Trustors, or to be performed by Debtors under any loan <br />agreement or loan commitment executed in connection with the indebtedness secured hereby, then and in any <br />of such events, Beneficiary may elect, Trustors hereby expressly waiving notice of intent to accelerate <br />maturity of the indebtedness, protest and notice of protest, presentment and demand for payment, to declare <br />the entire principal indebtedness hereby secured, with all interest accrued thereon and all other sums hereby <br />secured, immediately due and payable; and in the event of default in the payment of said indebtedness when <br />due or declared due, it shall thereupon, or at any time thereafter, be the duty of the Trustee, or his successor or <br />substitute as hereinafter provided, at the request of Beneficiary (which request is hereby conclusively <br />presumed), to enforce this trust; and the Trustee may proceed to sell the above described and conveyed <br />Property then subject to the lien hereof and any and every part thereof, at public venue, to the highest bidder, <br />at the customary place in the county in which the above described real estate is located, for cash, first giving <br />the public notice required by law of the time, terms and place of sale, and of the property to be sold; and upon <br />such sale the Trustee shall execute and deliver a deed of conveyance of the Property sold to the purchaser or <br />purchasers thereof, and any statement or recital of fact in such deed in relation to the nonpayment of money <br />hereby secured to be paid, existence of the secured obligations, notice of advertisement, sale, receipt of <br />money, and the happening of any of the events whereby any successor trustee became successor as herein <br />provided, shall be prima facie evidence of the truth of such statement or recital; and the Trustee shall receive <br />the proceeds of such sale, out of which the Trustee shall pay: first, the cost and expenses of executing his trust, <br />Form DEEDPD-NE <br />Page 2 of 6 C Copyright 02/2023 American Bank Systems, rne. <br />