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200202973
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200202973
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Last modified
10/14/2011 6:39:38 PM
Creation date
10/21/2005 11:57:29 PM
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DEEDS
Inst Number
200202973
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200202973 <br />note, charges, fees and all other sums as provided in the loan <br />instruments. <br />2. Title. Trustor is the owner of the Property and has <br />the right and authority to execute this Deed of Trust in respect <br />to the Property. <br />3. Taxes and Assessments. To pay, when due, all taxes, <br />special assessments and all other charges against the Property, <br />before the same become delinquent, and, in the event Beneficiary <br />shall so require, to add to the payments required under the note <br />secured hereby, such amount as may be sufficient to enable Bene- <br />ficiary to pay such taxes, assessments or other charges as they <br />become due. <br />4. Repair, Maintenance and Use. To not commit waste on or <br />damage to the Property and to use due care to prevent others from <br />so doing; to keep the Property in good condition and repair; to <br />keep the Property free from mechanics or other liens not ex- <br />pressly subordinated to the lien hereof; to not make, suffer or <br />permit any nuisance to exist nor to diminish or impair the value <br />of the Property by any act or omission to act; and to comply with <br />all requirements of law with respect to the Property. <br />5. Insurance. At all times during the term hereof to keep <br />the Property insured against damage by fire, hazards included <br />within the term "extended coverage ", and such other hazards as <br />Beneficiary may require, in an amount of not less than the re- <br />placement value thereof and with companies acceptable to Benefi- <br />ciary, including a standard mortgagee clause with loss payable to <br />the Beneficiary and containing an additional provision that the <br />policy cannot be cancelled without prior written notice to the <br />Beneficiary. In case of loss under such policies, the Benefici- <br />ary is authorized to adjust, collect and compromise all claims <br />thereunder and shall have the option of applying all or part of <br />the insurance proceeds (i) to any indebtedness secured hereby and <br />in such order as Beneficiary may determine, (ii) to the Trustor <br />to be used for the repair or restoration of the Property or (iii) <br />for any other purpose or object satisfactory to Beneficiary with- <br />out affecting the lien of this Deed of Trust for the full amount <br />secured hereby before such payment ever took place. Any applica- <br />tion of proceeds to indebtedness shall not extend or postpone the <br />due date of any payments under the Note, or cure any default <br />thereunder or hereunder. <br />6. Condemnation. In the event the Property, or any part <br />thereof, shall be taken by eminent domain, Beneficiary is enti- <br />tled to collect and receive all compensation which may be paid <br />for any Property taken or for damages to Property not taken, and <br />Beneficiary shall apply such compensation, at its option, either <br />to a reduction of the indebtedness secured hereby or to repair <br />and restore the Property so taken. <br />7. Performance by Beneficiary. Beneficiary may, but shall <br />have no obligation to, do any act which Trustor has agreed but <br />failed to do, and Beneficiary may also do any act it deems neces- <br />sary to protect the lien hereof. Trustor agrees to repay, upon <br />demand, any sums so expended by Beneficiary for the above pur- <br />poses, and any sum so expended by Beneficiary shall be added to <br />the indebtedness secured hereby and become secured by the lien <br />hereof. Beneficiary shall not incur any personal liability be- <br />cause of anything it may do or omit to do hereunder. <br />8. Assignment of Rents. Beneficiary shall have the right, <br />power and authority during the continuance of this Deed of Trust <br />to collect the rents, issues and profits of the Property and of <br />any personal property located thereon with or without taking pos- <br />session of the Property affected hereby, and Trustor hereby abso- <br />lutely and unconditionally assigns all such rents, issues and <br />Profits to Beneficiary. Beneficiary, however, hereby consents to <br />Trustor's collection and retention of such rents, issues and <br />profits as they accrue and become payable, so long as Trustor is <br />■ <br />
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