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202503456 <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 the said <br />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 One <br />Hundred Eighty Thousand Dollars ($180,000.00) for money borrowed, with interest thereon, all as <br />evidenced by and in strict accordance with the terms of that certain promissory note, hereinafter called the <br />"Note", bearing even date herewith made payable to the order of Beneficiary, executed by Andrew P. <br />Carmin, a single person, and Kristi M. Rollen, a single person, and providing for the payment of said <br />indebtedness in installments, subject to acceleration of maturity on default in the payment of any installment <br />of principal or interest or in the performance of any covenant, agreement or warranty contained in this Deed <br />of Trust; <br />(b) The performance of each agreement, covenant and warranty of Trustor herein contained or <br />set forth in the Note or any agreement or instrument executed by Trustor in connection with the indebtedness <br />hereby secured; and <br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid <br />or advanced under the terms of the Deed of Trust. <br />NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor does <br />for Trustor and for Trustor's heirs, representatives, vendees, successors and assigns, the owners of said <br />Property, hereby expressly covenant, agree and warrant to and with the Trustee and Beneficiary, and their <br />successors, vendees and assigns: <br />FIRST: That the Trustor hereby covenants and agrees, to the extent permitted by law, as follows: <br />(a) to pay promptly when due the principal and interest and other sums of money provided for in the Note <br />and in this Deed of Trust; (b) to promptly pay before delinquency all taxes, assessments and other charges <br />imposed by law upon the Property, the Trustor's interest therein, or upon this Deed of Trust or the Note; (c) <br />to keep the above -described Property and the improvements thereon in good condition and repair and not <br />to commit or suffer waste thereof, and except as authorized in any schedule annexed hereto and forming a <br />part hereof, (d) to maintain and deliver to Beneficiary policies of insurance against such hazards on the <br />buildings 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 shall be <br />satisfactory to the Beneficiary; that in the event of loss, Beneficiary is expressly authorized to settle or <br />compromise claims under said policies and the proceeds thereof shall be paid to the Beneficiary who may <br />apply the same or any part thereof on the indebtedness secured hereby or toward the reconstruction or repair <br />of said buildings and improvements or release same to the Trustor; (e) to pay any lien, claim or charge <br />against the Property which might take precedence over the lien hereof; (f) to pay on demand all legal <br />expenses, title searches, appraisal or attorneys' fees reasonably incurred or paid by Beneficiary to collect the <br />Note or foreclose or protect the lien of this Deed of Trust; (g) that in the event Trustor shall fail to comply <br />with the 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 interest at <br />the rate hereinafter provided shall constitute a lien upon the Property, shall be secured by this Deed of Trust, <br />and shall be immediately due and repayable to the Beneficiary; (h) not to sell the Property or any portion <br />thereof without the approval of the Beneficiary in writing; 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, become <br />due and payable; (I) that if the Property or any part or parcel thereof shall be taken or damaged under the <br />power of eminent domain, the award for any Property so taken or damaged (including severance damages <br />to the remaining premises) shall be paid to the Beneficiary and applied in full or in part at the option of the <br />Beneficiary in reduction of the indebtedness hereby secured; (j) that the Beneficiary shall have the right to <br />inspect the Property at such reasonable times as the Beneficiary may desire to determine Trustor's <br />compliance with the covenants contained in this Deed of Trust; (k) that the Beneficiary may release from <br />the lien hereof any part or parcel of the Property without requiring any consideration therefor, and (1) that <br />Trustor is lawfully seized of said premises and Property in fee simple, that the same are free from all liens <br />and encumbrances except as may otherwise be specifically noted herein or waived in writing by the <br />Beneficiary; that Trustor will execute or procure any further necessary assurances of title and does hereby <br />warrant generally the title to said Property and will forever defend the same against the claims and demands <br />of all persons whomsoever, and that Trustor's separate estate, whether vested, contingent or in expectancy, <br />is hereby conveyed and Trustor does hereby expressly waive, release all rights and benefits of any <br />Page 2 of 6 <br />