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200211964
<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; and
<br />All fixtures, improvements, buildings, and the plumbing, heating,
<br />ventilating and lighting systems and equipment therein, all of which
<br />shall be construed and considered as affixed to and part of the real
<br />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 Ninety Thousand Dollars ($90,000.00) for money borrowed,
<br />with interest thereon, all as evidenced by and in strict accordance with the
<br />terms of that certain promissory note hereinafter called the "Note ", bearing
<br />even date herewith made payable to the order of Beneficiary, executed by
<br />David Schocke and Brenda Schocke, husband and wife, and providing for the
<br />payment of said indebtedness in installments, subject to acceleration of
<br />maturity on default in the payment of any installment of principal or
<br />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
<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; (d) to maintain and
<br />deliver to Beneficiary policies of insurance against such hazards on the
<br />buildings and improvements now or hereafter located on or constituting a part
<br />of the Property as the Beneficiary shall require, in such companies and
<br />amounts and with such loss payable clauses as shall be satisfactory to the
<br />Beneficiary; (e) to pay any lien, claim or charge against the Property which
<br />might take precedence over the lien hereof; (f) to pay on demand all legal
<br />expenses, title searches, appraisal or attorneys' fees reasonably incurred or
<br />paid by Beneficiary to collect the Note or foreclose or protect the lien of
<br />this Deed of Trust; (g) that in the event Trustor shall fail to comply with
<br />the provisions of (a) through (f) above, the Beneficiary may expend such
<br />funds and take such action as is necessary to remedy such failure and all
<br />sums paid by the Beneficiary pursuant hereto with interest at the rate
<br />hereinafter provided shall constitute a lien upon the Property, shall be
<br />secured by this Deed of Trust, and shall be immediately due and repayable to
<br />the Beneficiary; (h) not to sell the Property or any portion thereof without
<br />the approval of the Beneficiary in writing; and in the event of any sale
<br />herein prohibited, then the entire indebtedness secured by this Deed of Trust
<br />shall, at the option of the Beneficiary, become due and payable; (i) that if
<br />the Property or any part or parcel thereof shall be taken or damaged under
<br />the power of eminent domain, the award for any Property so taken or damaged
<br />(including severance damages to the remaining premises) shall be paid to the
<br />Beneficiary and applied in reduction of the indebtedness hereby secured; (j)
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