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99 10�84�
<br /> All of the rents, issues and profits, including all rents, royalties,
<br /> bonuses and benefits under any existing or future oil, gas or mineral or
<br /> other leases; all easements and rights of way; all rights of homestead
<br /> and homestead exemption and any surviving spouse' s marital or distribu-
<br /> tive share, and all other contingent rights in and to said premises; and
<br /> All fixtures, improvements, buildings, and the plumbing, heating,
<br /> ventilating and lighting systems and equipment therein, all of which
<br /> shall be construed and considered as affixed to and part of the real
<br /> estate .
<br /> All of the foregoing estate, property and interest hereby conveyed to the
<br /> said Trustee is hereinafter collectively referred to as the "Property. "
<br /> TO HAVE AND TO HOLD the same unto the said Trustee, Trustee' s successors
<br /> and assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly
<br /> granted unto the said Trustee, Trustee' s successors, and assigns for the
<br /> purpose of securing:
<br /> (a) The payment of Trustor' s just indebtedness to Beneficiary in the
<br /> principal sum of Thirty Thousand Dollars ($30, 000 . 00) for money borrowed,
<br /> with interest thereon, all as evidenced by and in strict accordance with the
<br /> terms of that certain promissory note hereinafter called the "Note" , bearing
<br /> even date herewith made payable to the order of Beneficiary, executed by
<br /> James A. Wagoner and providing for the payment of said indebtedness in
<br /> installments, subject to acceleration of maturity on default in the payment
<br /> of any installment of principal or interest or in the performance of any
<br /> covenant, agreement or warranty contained in this Deed of Trust;
<br /> (b) The performance of each agreement, covenant and warranty of Trustor
<br /> herein contained or set forth in the Note or any agreement or instrument
<br /> 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
<br /> may be hereafter paid or advanced under the terms of this Deed of Trust .
<br /> NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor
<br /> does for Trustor and for Trustor' s heirs, representatives, vendees,
<br /> successors and assigns, the owners of said Property, hereby expressly
<br /> covenant, agree and warrant to and with the Trustee and Beneficiary, and
<br /> their successors, vendees and assigns :
<br /> First : That the Trustor hereby covenants and agrees, to the extent
<br /> permitted by law, as follows : (a) to pay promptly when due the principal and
<br /> interest and other sums of money provided for in the Note and in this Deed of
<br /> Trust; (b) to promptly pay before delinquency all taxes, assessments and
<br /> other charges imposed by law upon the Property, the Trustor' s interest
<br /> therein, or upon this Deed of Trust or the Note; (c) to keep the above-
<br /> described Property and the improvements thereon in good condition and repair
<br /> and not to commit or suffer waste thereof, and except as authorized in any
<br /> schedule annexed hereto and forming a part hereof; (d) to maintain and
<br /> deliver to Beneficiary policies of insurance against such hazards on the
<br /> buildings and improvements now or hereafter located on or constituting a part
<br /> of the Property as the Beneficiary shall require in writing, for amounts and
<br /> with such loss payable clauses as shall be satisfactory to protect Beneficia-
<br /> ry' s interest; that in the event of loss, Beneficiary is expressly authorized
<br /> to settle or compromise claims under said policies and the proceeds thereof
<br /> shall be paid to the Beneficiary who may apply the same or any part thereof
<br /> on the indebtedness secured hereby or toward the reconstruction or repair of
<br /> said buildings and improvements or release same to the Trustor; (e) to pay
<br /> any lien, claim or charge against the Property which might take precedence
<br /> over the lien hereof; (f) to pay on demand all legal expenses, title
<br /> 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
<br /> 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
<br /> and take such action as is necessary to remedy such failure and all sums paid
<br /> by the Beneficiary pursuant hereto with interest at the rate hereinafter
<br /> provided shall constitute a lien upon the Property, shall be secured by this
<br /> Deed of Trust, and shall be immediately due and repayable to the Beneficiary;
<br /> (h) not to sell the Property or any portion thereof without the approval of
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