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200209462
<br />TOGETHER with and including all and singular the tenements, hereditamenls, appurtenances
<br />and privileges thereunto belonging or in anywise appertaining, whether now or hereafter acquired,
<br />which shall include, without limiting the generality of the foregoing, the following:
<br />All of the rents, issues and profits, including all rents, royalties, bonuses and benefits under any
<br />existing or future oil, gas or mineral or other leases; all easements and rights of way; all rights of
<br />homestead and homestead exemption and any surviving spouse's marital or distributive share, and
<br />all other contingent rights in and to said premises; and
<br />All fixtures, improvements, buildings, and the plumbing, heating, ventilating and lighting systems
<br />and equipment therein; all of which shall be constmed and considered as affixed to and part of the
<br />real estate.
<br />All of the foregoing estate, property and interest hereby conveyed to the said Trustee is hereinafter
<br />collectively referred to as the "Property ".
<br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors and
<br />assigns, forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly granted
<br />unto the said Trustee, Trustee's successors, and assigns for the purpose of securing:
<br />(a) 'File payment of Truster's just indebtedness to Beneficiary in the principal sum of
<br />Ninety Thousand Dollars ($90,000.00) for money borrowed, with interest thereon, all as evidenced
<br />by and in strict accordance with the terms of that certain promissory note, hereinafter called the
<br />"Note ", bearing even date herewith made payable to the order of Beneficiary, executed by Matthew
<br />Westfall and Bonnie Westfall, Husband and Wife, and providing for the payment of said
<br />indebtedness in installments, 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, agreement or warranty
<br />contained in this Deed of Trust;
<br />(b) The performance of each agreement, covenant and warranty of Trustor herein
<br />contained or set forth in the Note or any agreement or instrument executed by Trustor in connection
<br />with the indebtedness hereby secured; and
<br />(e) The payment of any sum or sums of money with interest thereon which may be
<br />hereafter paid or advanced under the terms of the Deed of Trust.
<br />NOW, THEREFORE., TO PROTECT TIIE SECURITY OF THIS DEED OF TRUST,
<br />Trustor does for Trustor and for Truslor's heirs, representatives, vendees, successors and assigns, the
<br />owners of said Property, hereby expressly covenant, agree and warrant to and with the Trustee and
<br />Beneficiary, and their successors, vendees and assigns:
<br />FIRST: That the "Trustor hereby covenants and agrees, to the extent permitted by law, as
<br />follows: (a) to pay promptly when due the principal and interest and other sums of money provided
<br />for in the Note and in this Deed of 'Trust; (b) to promptly pay before delinquency all taxes,
<br />assessments and other charges imposed by law upon the Property, the Truster's interest therein, or
<br />upon this Deed of Trust or the Note; provided, however, that in the event of any change of the law
<br />providing for the taxation of deeds of trust or debts thereby secured so as to affect this Deed of Trust,
<br />the entire indebtedness secured hereby shalt, at the option of the Beneficiary, become due and
<br />payable; (c) to keep the above - described Property and the improvements thereon in good condition
<br />and repair and not to commit or suffer waste thereof, and except as authorized in any schedule
<br />annexed hereto and forming a part hereof, neither to remove nor permit the removal of any timber,
<br />buildings, oil, gas, minerals, stone, rock, clay, fertilizer, gravel or top soil without the prior written
<br />consent of Beneficiary; (d) to maintain and deliver to Beneficiary policies of insurance against such
<br />hazards on the buildings and improvements now or hereafter located on or constituting a part of the
<br />Property as the Beneficiary shall require, in an amount not less than the total outstanding
<br />indebtedness herein and with such loss payable clauses as shall be satisfactory to the Beneficiary;
<br />that in the event of loss, Beneficiary is expressly authorized to settle or compromise claims under
<br />said policies and the proceeds thereof shall be paid to the Beneficiary who may apply the same or
<br />any part thereof on the indebtedness secured hereby or toward the reconstruction or repair of said
<br />buildings and improvements or release same to the Trustor; (e) to pay any lien, claim or charge
<br />against the Property which might take precedence over the lien hereof, (f) to pay on demand all legal
<br />expenses, title searches, appraisal or attorneys' fees reasonably incun-ed or paid by Beneficiary to
<br />collect the Note or foreclose or protect the lien of this Deed of Trust; (g) that in the event Trustor
<br />shall fail to comply with the provisions offal through (f) above, the Beneficiary may expend such
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