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200400461
<br />All fixtures, improvements, buildings, and the plumbing, heating, ventilating and lighting
<br />systems and equipment therein, all of which shall be construed and considered as affixed to and
<br />part of the real estate.
<br />All of the foregoing estate, property and interest hereby conveyed to the said Trustee is
<br />hereinafter collectively referred to as the "Property."
<br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors and assigns
<br />forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly granted unto
<br />the said Trustee, Trustee's successors, and assigns for the purpose of securing:
<br />(a) The payment of Trustor's just indebtedness to Beneficiary in the principal sum of
<br />Nineteen Thousand Eight Hundred Ninety Dollars ($19,890.00) for money borrowed, with
<br />interest thereon, all as evidenced by and in strict accordance with the terms of that certain
<br />promissory note hereinafter called the "Note ", bearing even date herewith made payable to the
<br />order of Beneficiary, executed by HARRIET M. WINCHESTER and TERRY A.
<br />WINCHESTER, and providing for the payment of said indebtedness in installments, subject to
<br />acceleration of maturity on default in the payment of any installment of principal or interest or in
<br />the performance of any covenant, agreement or warranty contained in this Deed of Trust;
<br />(b) The performance of each agreement, covenant and warranty of Trustor herein
<br />contained or set forth in the Note or any agreement or instrument executed by Trustor in
<br />connection with the indebtedness hereby secured; and
<br />(c) The payment of any sum or sums of money with interest thereon which may be
<br />hereafter paid or advanced under the terms of this Deed of Trust.
<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,
<br />the owners of said Property, hereby expressly covenant, agree and warrant to and with the
<br />Trustee and 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 pay promptly when due the principal and interest and other sums of money
<br />provided for in the Note and in this Deed of Trust; (b) to promptly pay before delinquency all
<br />taxes, assessments and other charges imposed by law upon the Property, the Trustor's interest
<br />therein, or upon this Deed of Trust or the Note; provided, however, that in the event of any
<br />change of the law providing for the taxation of deeds of trust or debts thereby secured so as to
<br />affect this Deed of Trust, the entire indebtedness secured hereby shall at the option of the
<br />Beneficiary become due and payable; (c) to keep the above - described Property and the
<br />improvements thereon in good condition and repair and not to commit or suffer waste thereof,
<br />and except as authorized in any schedule annexed hereto and forming a part hereof; (d) to
<br />maintain and deliver to Beneficiary policies of insurance against such hazards on the buildings
<br />and improvements now or hereafter located on or constituting a part of the Property as the
<br />Beneficiary shall require, in such companies and amounts and with such loss payable clauses as
<br />shall be satisfactory to the Beneficiary; that in the event of loss, Beneficiary is expressly
<br />authorized to settle or compromise claims under said policies and the proceeds thereof shall be
<br />paid to the Beneficiary who may apply the same or any part thereof on the indebtedness secured
<br />hereby or toward the reconstruction or repair of said buildings and improvements or release same
<br />to the Trustor; (e) to pay any lien, claim or charge against the Property which might take
<br />precedence over the lien hereof; (f) to pay on demand all legal expenses, title searches, appraisal
<br />or attorneys' fees reasonably incurred or paid by Beneficiary to collect the Note or foreclose or
<br />protect the lien of this Deed of Trust; (g) that in the event Trustor shall fail to comply with the
<br />provisions of (a) through (f) above, the Beneficiary may expend such funds and take such action
<br />as is necessary to remedy such failure and all sums paid by the Beneficiary pursuant hereto with
<br />interest at the rate hereinafter provided shall constitute a lien upon the Property, shall be secured
<br />by this Deed of Trust, and shall be immediately due and repayable to the Beneficiary; (h) not to
<br />sell the Property or any portion thereof without the approval of the Beneficiary in writing; and in
<br />the event of any sale herein prohibited, then the entire indebtedness secured by this Deed of Trust
<br />shall, at the option of the Beneficiary, become due and payable; (I) that if the Property or any part
<br />or parcel thereof shall be taken or damaged under the power of eminent domain, the award for
<br />any Property so taken or damaged (including severance damages to the remaining premises) shall
<br />be paid to the Beneficiary and applied in full or in part at the option of the Beneficiary in
<br />reduction of the indebtedness hereby secured; 0.)that the Beneficiary shall have the right to
<br />inspect the Property at such reasonable times as the Beneficiary may desire to determine
<br />Trustor's compliance with the covenants contained in this Deed of Trust; (k) that the Beneficiary
<br />may release from the lien hereof any part or parcel of the Property without requiring any
<br />consideration therefor, and (1.) that Trustor is lawfully seized of said premises and Property in fee
<br />simple, that the same are free from all liens and encumbrances except as may otherwise be
<br />specifically noted herein or waived in writing by the Beneficiary; that Trustor will execute or
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