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99106654
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99106654
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Last modified
3/13/2012 6:21:36 PM
Creation date
10/20/2005 11:53:14 PM
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DEEDS
Inst Number
99106654
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, 99 106654 <br /> C. Pay all general and special taxes and all special assessments <br /> of every kind levied or assessed against or due upon said <br /> property before delinquency, and to deliver to BENEFICIARY <br /> copies of receipts showing payment of such taxes . <br /> D. Procure and maintain policies of all-risk insurance on said <br /> improvements, in sums and underwritten by companies acceptable <br /> to the BENEFICIARY, in an amount of at least Thirty Thousand <br /> Dollars ($30, 000 . 00) , which policies shall name the <br /> BENEFICIARY as additional insureds, with the loss proceeds <br /> payable to the parties as their interests may appear <br /> hereunder. TRUSTORS agree to provide BENEFICIARY with copies <br /> of such policies or certificates of insurance during the term <br /> of this indebtedness, which policies of insurance may not be <br /> canceled by said carrier without fifteen (15) days written <br /> notice to BENEFICIARY. <br /> E. Not have the right of prepayment during the initial 60 months <br /> of this Deed of Trust . It is the intention of the parties <br /> hereto that BENEFICIARY maintain the income stream set forth <br /> in the Deed of Trust Note and TRUSTOR shall not have the right <br /> to prepay the Note prior to July 1, 2004 . <br /> TRUSTORS covenants and agrees that a failure to make any <br /> payment, either principal or interest, on the Note secured hereby <br /> when due and payable, or a failure to comply with any of the <br /> covenants and agreements herein made shall cause the whole sum of <br /> money hereby secured to become immediately due and collectible at <br /> the option of the BENEFICIARY and BENEFICIARY shall have the right <br /> to cause Notice of Default to be given and the premises to be sold <br /> as provided herein. <br /> The parties mutually agree as follows : <br /> A. At any time and from time to time upon written request of <br /> BENEFICIARY, payment of fees and presentation of this Deed of <br /> Trust and the Note for endorsement (in case of full <br /> reconveyance, for cancellation and retention) , without <br /> affecting the liability of any person for the payment of the <br /> indebtedness, TRUSTEE may (a) consent to the making of any map <br /> or plat of said property; (b) join in granting any easement or <br /> creating any restriction thereon; (c) join in any <br /> subordination or other agreement affecting this Deed of Trust <br /> or the lien or charge thereof; (d) reconvey this Deed of Trust <br /> or the lien or charge thereof; (d) reconvey, without warranty, <br /> all or any part of said property. <br /> B . The grantee in any Deed of Reconveyance may be described as <br /> "the person or persons entitled thereto" , and the recitals <br /> therein of any matters or facts shall be conclusive proof of <br /> the truthfulness thereof . <br /> C. Upon default by TRUSTORS in the payment of indebtedness <br /> secured hereby or in the performance of any agreement <br /> hereunder, BENEFICIARY may declare all sums secured hereby <br /> immediately due and payable by delivery to TRUSTEE of written <br /> declaration of default . If BENEFICIARY desires said property <br /> to be sold, they shall deposit with TRUSTEE this Deed of Trust <br /> and all promissory notes and documents evidencing expenditures <br /> secured hereby, and shall deliver to TRUSTEE a written Notice <br /> of Default and election to cause said property to be sold in <br /> the form required by law, which shall be duly filed for record <br /> by TRUSTEE. <br /> (1) After the lapse of such time as may be required by law <br /> (presently being one (1) month following the recordation <br /> of said Notice of Default) , Notice of Default and Notice <br /> of Sale having been given as required by law, TRUSTEE, <br /> without demand on TRUSTORS, shall sell said property on <br /> the date and at the time and place designated in said <br /> -2- <br />
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