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of <br />V <br />3. <br />at <br />5. <br />to <br />or <br />200405583 <br />gs and other fill a approved including fixtures and a <br />.Insurance will be approved by an tl deposited wig <br />y Boneficiary may be used [o pay forreconatruclmi <br />(, in payment of any indebtedness matured or .tiro <br />ser of the loan balance, the actual cash value of tt <br />I by tire, lightning, explosion, riot, airerafvl vehicles <br />Laurance in force to cover losses by flood as requir <br />me Implementing the same. Trustorlsl further agree <br />hatever reason, to obtain and keep this insurance <br />sohmunts, and other improvements now on or hen <br />ither commit nor permit any acts of waste or any <br />I same or to perform any acts authorized herein of <br />any liens, judgments, assessments, taxes, rents,f <br />pmvements as provided herein ar in the loan egreen <br />r repairs and anyy amounts paid therefor will beco <br />'interest at the tletault rate provided in the note(s) <br />w such amounts will in no manner limit the right of <br />I and any act <br />or foreclosure <br />now on or hereafter placed on the property to <br />rv, and or with lee. payable clause to <br />tioyetl improvements or if not so applied may <br />red by this Trust 0letl. Such insurance well be <br />or the replacement cost of the property, and <br />civil commotion, smoke, wintlsterm, and hail. <br />iciary and by the National Flood Insurance Act <br />is buy is not and will not be liable for any failure <br />I on the property occupied and in good repair, <br />of the value of the property. Beneficiary may <br />it agreements). <br />ass or maintain any Insurance on the property, <br />rficiary, at its option, may make such payments <br />he principal indebtedness secured hereby, be <br />I :ntls1 from the data of payment until paid. <br />I declare Trustorlsl in default or exercise any <br />his Trust Deed, Including any action by Beneficiary to <br />ondemnatlon and bankruptcy proceedings) Beneficiary <br />showed by law), costs, ezppen as., eppraleal fees, and <br />secured hereby, be immetliataly due and payable and <br />. of advance until paid. <br />are hereby assigned to Beneficiary; and Beneficiary is <br />on <br />s, .no ben nu .- <br />enc.ary w... as a.........••.•.• <br />fxercise the Power of Sale granted herein, Behalf V-1- <br />clary will notify Trustee he will record, publish, and deliver to <br />the ce of Sale, either es a whole or9a ..Perot. let., will in air Items provided <br />such mtlera a "" Trustee will Ceem expedient. <br />including Trustorlsl Trustee, or Beneficiary. <br />a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustor(e) at the <br />i[her in person or by agent, with or without bringing any acYlon or proceeding and with pr without regard to the value <br />thereof to dischargeght'ndebtedness aecuretl hereby,'5 authorizetl end entitled to enter upon and take possession <br />or In the name a the Trustee and d0 any acts or expend any sums it deems necessary or desirable to protect or <br />tWor any interest therein, Drink the income therefrom; and with or without taking possession of the property <br />for collect the rents, issues, crops, profits, an income thereof, including those past due and unpaid, and apply <br />s secured hereby or in the loan aggreement(slpence m or resarvatl to Trustee or Beneticiery is intended to en heeunder or nowooh hereakei existing a[lawaor provided <br />.mutative, will be in add "on tc every other remedy g v a. <br />ised cancurrantly, Intl .pendently ar successively. <br />fat the duties antl obligations o1 Trustee will be datarminad solely by the express provisions of this Trust Deed or <br />ntl Trustee will not be liable except for [he performance of such duties and obligations as are specifically set forth <br />rte or obligations will be impesed up.a T astee; Trustee will no[ be liable for any action by it in goo <br />tl faith and be - <br />suthorized or within the discretion or n9hts of powers conferred upon it DV this Trust Deetl or state law. se I <br />fifty of Trustorle) conetM1Utos a part of tRe' annaidara',an gor igations <br />arv. eat ks aptian, may declare [he Traitors) entirsell, <br />a <br />a. n <br />level, rock, or other mineral lease of any lino mcmu.ny awn.....•.• •__� -• - -- • -.. _.._. . <br />'.he proVerty or any pert thereof. All such sums so receivetl by Beneficiary will be applied to the intlebtedness s cur60 hereby; or ens iciary, a <br />is option, may turn over antl deliver m Trustorlsl or their successors in Interesq any or ell of such sumo without prejutlice to any of Beneficiary's <br />lghts to take and rstilln future sums, and without prelutlice to any pf its other rights antler this Trust Deed. This assignment will ba construed to <br />to a provision for the payment or reduction of the tlebl, subject tq the Benefary's option ee hereinbefore pravitlnd, independent of the lien on the <br />noperty. Upon payment in full of IIn debt and the reconveyance of this Trust Deed of recortl, this assignment will become inoperative antl of no <br />urther force antl effect. <br />14. This Trust Deetl constitutes a Security Agreement with reaped to all the pproperty describetl herein. <br />15. The covenants con[einad in [his Trust Deed will he deamea to be seyerahle; in the event that any portion of this Trust Oeed is determinetl to <br />ae void or unenforceable, thadddaterminof a n will not affect the valitlily of [he remaining portions of the Trust Deud. <br />emc c are <br />\ INDIVIDUAL BORROWER ACKNOWLEDGMENT <br />STATE OF �fY�('at(t \K ('s ss <br />COUNTY OFwYtG', 0 1 <br />On this �� =_ day of �UY�4� �1 =G� before me, a Notary Public, personally appeared <br />p n <br />to me known to be the personls) named in and who executed the foregoing instrument, and acknowledged that _executed the same ns <br />nom_ voluntary act and deed. I� /� <br />GENERALNO1AilY -Stain of NeM s1 ��L.I.An >� f� (�j A..� <br />(SEAL) Ny <br />BUS DB UI 2078 <br />(Type name under signature) <br />My commission expires <br />/ C'4) Notary Public in and for said County and State <br />AP #: 00342114; Primary Customer ID N: 00052320; OF #: 38540 Legal Doc. Data May 24, 2004 <br />FORM 5011, Trust Deed and Assignment of Rents Page 2 <br />