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99110653
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99110653
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Last modified
3/13/2012 7:57:12 PM
Creation date
10/21/2005 1:17:03 AM
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DEEDS
Inst Number
99110653
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9� � 10653 <br /> last to principal due. <br /> 3 . Borrower shall pay all general real estate taxes and special <br /> assessments against the Property before the same become delinquent. <br /> 4 . Borrower shall keep the improvements on said Property insured <br /> against loss by fire and hazards included with the term "extended <br /> coverage" for their insurable value and policies for the same shall <br /> include a standard mortgage clause showing Lender herein. In event of <br /> loss, Lender may make proof of loss if not promptly made by Borrower. <br /> Insurance proceeds shall be applied to restoration or repair of the <br /> Property damages, unless both parties otherwise agree, except if <br /> restoration or repair is not economically feasible or Lender' s security <br /> is not lessened, otherwise said proceeds shall be paid on the debt <br /> herein, whether or not then due. <br /> Unless Lender and Borrower otherwise agree in writing, any <br /> payments or proceeds from insurance shall not extend or postpone the due <br /> date of the monthly payments provided in said instrument of indebtedness, <br /> or change the amount of the payments . <br /> 5. Borrower shall keep the described Property in good condition and <br /> repair; shall promptly repair, or replace, any improvement which may be <br /> damaged or destroyed; shall not commit or permit any waste or <br /> deterioration of the real estate hereinabove described, shall not remove, <br /> demolish or substantially alter any of the improvements on the Property; <br /> shall not commit, suffer or permit any act to be done in or upon the <br /> Property in violation of any law, ordinance or regulation; and shall <br /> promptly discharge at Borrower' s cost and expense all liens, encumbrances <br /> and charges levied, imposed or assessed against the described real estate <br /> or any part thereof. <br /> 6. Borrower shall keep the Property in compliance with all <br /> applicable laws, ordinances, and regulations relating to industrial <br /> hygiene or environmental protection (collectively referred to herein as <br /> ��Environmental Laws") . Borrower shall keep the Property free from all <br /> substances deemed to be hazardous or toxic under any Environmenta-1 Laws <br /> (collectively referred to herein as `�Hazardous Materials") . Borrower <br /> hereby warrants and represents to Lender that there are no Hazardous <br /> Materials on or under the Property. Borrower hereby agrees to indemnify <br /> and hold harmless Lender, and any successors to Lender' s interest, from <br /> and against any and all claims, damages, losses and liabilities arising <br /> in connection with the presence, use disposal or transport of any <br /> Hazardous Materials on, under, from or about the Property. THE FOREGOING <br /> WARRANTIES AND REPRESENTATION, AND BORROWER' S OBLIGATIONS PURSUANT TO THE <br /> FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. <br /> 7 . Borrower shall not sell, transfer, assign, convey or further <br /> encumber all or any part of or any interest in the Property hereinabove <br /> described, either voluntarily or involuntarily, without the express prior <br /> written consent of Lender or as otherwise herein permitted, and in the <br /> event of any such sale, transfer, assignment, conveyance or transfer in <br /> violation of this provision, Lender shall have the option to declare all <br /> sums secured hereby immediately due and payable. <br /> 8 . If Borrower fails to perform the covenants and agreements herein <br /> contained, Lender may do and pay for whatever is necessary to protect the <br /> value of the property and Lender' s rights in the Property, including the <br /> paying of any sum secured by a lien which has priority over this Deed of <br /> Trust, appearing in Court, paying reasonable attorney fees and entering <br /> the Property to make repairs. Any amount disbursed by Lender under this <br /> paragraph shall become an addition debt of Borrower secured by this Deed <br /> of Trust, to bear interest from the date of disbursement and said amount, <br /> together with the then unpaid principal amount, shall bear interest at <br /> the highest lawful rate until refunded by Borrower. <br /> 9. The proceeds of a condemnation award are hereby assigned and <br /> shall be paid to Lender and shall be applied to the sums secured by this <br /> Deed of Trust, whether or not then due, with any excess to be paid to <br /> Borrower. <br /> Page 2 of 4 <br />
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