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20030'7804
<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; all
<br />water, water rights, whether riparian, appropriative or otherwise and
<br />whether or not appurtenant, all ditch rights, and any shares of stock
<br />evidencing any such water or ditch right; and
<br />All fixtures, improvements, buildings, and the plumbing, heating,
<br />ventilating and lighting systems and equipment therein, all barn
<br />equipment; and all pumps, pumping stations, motors, engines, machinery,
<br />reservoirs, pipes, flumes, fences, and other machinery or equipment,
<br />except tractors, used for the production of water on said premises or
<br />for the irrigation or drainage thereof, all of which shall be construed
<br />and considered as affixed to and part of the real 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 Three Hundred Fifty Thousand Dollars ($350,000.00) for money
<br />borrowed, with interest thereon, all as evidenced by and in strict accordance
<br />with the terms of that certain promissory note hereinafter called the "Note ",
<br />bearing even date herewith made payable to the order of Beneficiary, executed
<br />by Sarah Smaha, a single person, and providing for the payment of said
<br />indebtedness in installments, the last of which is due and payable May 1,
<br />2012, subject to acceleration of maturity on default in the payment of any
<br />installment of principal or interest or in the performance of any covenant,
<br />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, neither to remove nor
<br />permit the removal of any timber, buildings, oil, gas, minerals, stone, rock,
<br />clay, fertilizer, gravel or top soil without the prior written consent of
<br />Beneficiary; (d) to maintain and deliver to Beneficiary policies of insurance
<br />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
<br />require, in such companies and amounts and with such loss payable clauses as
<br />shall be satisfactory to the Beneficiary; that in the event of loss,
<br />Beneficiary is expressly authorized to settle or compromise claims under said
<br />policies and the proceeds thereof shall be paid to the Beneficiary who may
<br />apply the same or any part thereof on the indebtedness secured hereby or
<br />toward the reconstruction or repair of said buildings and improvements or
<br />release same to the Trustor; (e) to pay any lien, claim or charge against the
<br />Property which might take precedence over the lien hereof; (f) to pay on
<br />demand all legal expenses, title searches, appraisal or attorneys' fees
<br />reasonably incurred or paid by Beneficiary to collect the Note or foreclose
<br />or protect the lien of this Deed of Trust; (g) that in the event Trustor
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