Laserfiche WebLink
- �� � 0 '7��z� <br /> (b) The performance of each agreement,covenant and wananty of Trustor herein contained or set forth in the Note or any agreement <br /> or instrument executed by Trustor in connection with the indebtedness hereby secured;and <br /> (c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of the <br /> Deed of Trust. <br /> NOW,THEREFORE,TO PROTECT THE SECURITY OF THIS DEED OF TRUST,Trustor does for Trustor and for Trustor's heirs, <br /> representatives,vendees,successors and assigns,the owners of said Properiy,hereby expressly covenant,agree and warrant to and with <br /> the 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 follows: (a) to pay promptly when due the <br /> principal and interest and other sums of money provided for in the Note and in this Deed of Trust; (b)to promptly pay before delinquency <br /> all taxes,assessments and other charges imposed by law upon the Property,the Trustor's interest therein,or upon this Deed of Trust or <br /> the Note;provided,however,that in the event of any change of the law providing for the taxation of deeds of trust or debts thereby secured <br /> so as to affect this Deed of Trust,the entire indebtedness secured hereby shall,at the option of the Beneficiary,become due and payable; <br /> (c)to keep the above-described Property and the improvements thereon in good condition and repair and not to commit or suffer waste <br /> thereof,and except as authorized in any schedule annexed hereto and fornung a part hereof,neither to remove nor permit the removal of <br /> any timber,buildings,oil,gas,minerals, stone,rock, clay,fertilizer,gravel or top soil without the prior written consent of Beneficiary; <br /> (d)to maintain and deliver to Beneficiary policies of insurance against such hazards on the buildings and improvements now or hereafter <br /> located on or constituting a part of the Property as the Beneficiary shall require, in an amount not less than the total outstanding <br /> indebtedness herein and with such loss payable clauses as shall be satisfactory to the Beneficiary;that in the event of loss,Beneficiary <br /> is expressly authorized to settle or compromise claims under said policies and the proceeds thereof shall be paid to the Beneficiary who <br /> may apply the same or any part thereof on the indebtedness secured hereby or toward the reconstruction or repair of said buildings and <br /> improvements or release same to the Trustor; (e)to pay any lien,claim or charge against the Property which might take precedence over <br /> the lien hereof; (fl to pay on demand all legal expenses, title searches, appraisal or attorneys' fees reasonably incurred or paid by <br /> Beneficiary to collect the Note or foreclose or protect the lien of this Deed of Trust; (g)that in the event Trustor shall fail to comply with <br /> the provisions of(a)through(�above,the Beneficiary may expend such funds and take such action as is necessary to remedy such failure <br /> and all sums paid by the Beneficiary pursuant hereto with interest at the rate hereinafter provided shall constitute a lien upon the Property, <br /> shall be secured by this Deed of Trust,and shall be immediately due and repayable to the Beneficiary; (h)not to sell the Properiy or any <br /> portion thereof without the approval of the Bene�ciary in writing; and in the event of any sale herein prohibited, then the entire <br /> indebtedness secured by this Deed of Trust shall,at the option of the Beneficiary,become due and payable; and in the event of any sale <br /> herein prohibited, then the entire indebtedness secured by this Deed of Trust shall, at the option of the Beneficiary, become due and <br /> payable; (i)that if the Property or any part or parcel thereof shall be taken or damaged under the power of eminent domain,the award <br /> for any Property so taken or damaged(including severance damages to the remaining premises)shall be paid to the Beneficiary and applied <br /> in full or in part at the option of the Beneficiary in reduction of the indebtedness hereby secured; (j)that the Beneficiary shall have the <br /> right to inspect the Property at such reasonable times as the Beneficiary may desire to deternune Trustor's compliance with the covenants <br /> contained in this Deed of Trust; (k) that the Beneficiary may release from the lien hereof any part or parcel of the Property without <br /> requiring any consideration therefor,and(1)that Trustar is lawfully seized of said premises and Property in fee simple,that the same are <br /> free from all liens and encumbrances except as may otherwise be specifically noted herein or waived in writing by the Beneficiary; that <br /> Trustor will execute or procure any further necessary assurances of title and does hereby warrant generally the title to said Property and <br /> will forever defend the same against the claims and demands of all persons whomsoever,and that Trustor's separate estate,whether vested, <br /> contingent or in expectancy,is hereby conveyed and Trustor does hereby expressly waive,release all rights and benefits of any homestead, <br /> dower,curtesy,appraisement,exemption and stay laws of this state. It is agreed that the interest provided for in subsection(g)above shall <br /> be at the same rate as specified in the Note secured hereby on the principal thereof after default and maturity. <br /> SECOND: In the event Trustor,without the prior written consent of Beneficiary,shall sell,transfer or convey or contract to sell,transfer <br /> or convey the Property,or any part thereof or any interest therein,the entire balance of the indebtedness hereby secured shall become and <br /> be immediately due and payable at the option of Beneficiary;provided,however,Beneficiary may waive such option to accelerate if,priar <br /> to such sale,transfer or conveyance or contract therefor,Beneficiary and the person to whom the property is to be sold or transferred reach <br /> an agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by <br /> this Deed of Trust shall be at such rate as Beneficiary shall request. <br /> THIRD: That as further security for the payment of the Note and the indebtedness thereby evidenced and the performance of all of the <br /> terms,covenants and conditions hereof,Trustor agrees that Beneficiary shall and does hereby have the right,power and authority during <br /> the continuance of this Deed of Trust to collect the rents,issues and profits of the Property and of any personal property located thereon <br /> with or without taking possession of the property affected thereby; and Trustor hereby absolutely and unconditionally assigns all such <br /> rents,issues and profits to Beneficiary. Beneficiary,however,hereby consents to Trustor's collection and retention of such rents,issues <br /> and profits as they accrue and become payable so long as trustor is not at such time in default with respect to payment of any indebtedness <br /> secured hereby or in the performance of any agreement hereunder. Upon any such default,Beneficiary may at any time,either in person, <br /> by agent,or by receiver to be appointed by a court without notice and without regard to the adequacy of any security for the indebtedness <br /> hereby secured(a)enter upon and take possession of the Property or any part thereof and in its own name sue for or otherwise collect such <br /> rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, <br /> including reasonable attorney's fees,upon any indebtedness secured hereby and in such order as Beneficiary may determine; (b) lease <br /> the same or any part thereof for such rental,term and upon such conditions as Beneficiary's judgment may dictate or terminate or adjust <br /> the terms and conditions of any exisring lease or leases. Unless Trustor and Beneficiary agree otherwise in writing,any application of <br /> rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the installment payments as <br /> provided in the Note or change the amount of such installments. The entering upon and taking possession of the Properiy,the collection <br /> of such rents,issues and profits,and the application thereof as aforesaid,shall not waive or cure any default or notice of default hereunder, <br /> or invalidate any act done pursuant to such notice. Trustor assigns to Beneficiary, as further security for the performance of the <br /> indebtedness and obligations secured hereby,all prepaid rents and all moneys which may have been or may hereafter be deposited with <br /> Trustor by any lessee of the Property,to secure the payment of any rent or damages,and upon default in the performance of any of the <br /> provisions hereof,Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise <br /> of the rights granted by this paragraph THIRD to any tenant occupying the Property or any portion thereof shall be sufficient to require <br /> said tenant to pay said rent to Beneficiary until further notice. <br /> Pnoo 7 nf 4 <br />