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200507874
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200507874
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Last modified
10/17/2011 11:05:21 AM
Creation date
10/28/2005 11:51:36 AM
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DEEDS
Inst Number
200507874
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200507874 <br />OTHER LOAN DOCUMENTS GOVERNING, EVIDENCING AND SECURING THE INDEBTEDNESS <br />SECURED HEREBY, THIS PARAGRAPH SHALL CONTROL. <br />(1) Integration. PURSUANT TO UTAH CODE ANNOTATED SECTION 25 -5 -4, BORROWER IS <br />NOTIFIED THAT THIS SECURITY INSTRUMENTS, THE NOTE AND OTHER LOAN DOCUMENTS <br />GOVERNING, EVIDENCING AND SECURING THE INDEBTEDNESS SECURED HEREBY REPRESENT <br />THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY <br />EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE <br />PARTIES. <br />(m) Mechanic's and Materialman's Liens. <br />(i) If there shall be any construction, renovation or improvement of the Property, whether <br />with respect to a casualty, condemnation or otherwise, Borrower shall timely comply with all requirements <br />of Title 38 Part of Utah Code Annotated with regard to filings and notices and further agrees that Lender <br />may file a Notice of Commence and Notice of Completion as contemplated by Utah Code Annotated <br />Section 38 -1 -28 and Utah Code Annotated Section 38 -1 -33, in each case in the State Construction Registry <br />of the State of Utah. Borrower shall cause Lender to be named as a person interested in receiving <br />electronic notices of all filings with respect to the Property in the State Construction Registry in accordance <br />with Utah Code Annotated Section 38 -1- 27(3). Borrower shall also provide to Lender copies of all <br />preliminary notices or other notices filed by any contactor, subcontractor or supplier with respect to the <br />Property. Borrower shall, upon completion of the Improvements, promptly file a notice of completion in <br />the State Construction Registry as permitted by Utah Code Annotated Section 38 -1 -33. <br />(ii) Borrower shall pay and promptly discharge, at Borrower's cost and expense, all liens, <br />encumbrances and charges upon the Property, or any part thereof or interest therein whether inferior or <br />superior to this Security Instrument and keep and maintain the same free from the claim of all persons <br />supplying labor, services or materials that will be used in connection with or enter into the construction of <br />any and all buildings now being erected or that hereafter may be erected on the Property regardless of by <br />whom such services, labor or materials may have been contracted, provided, however, that Borrower shall <br />have the right to contest any such claim or lien so long as Borrower previously records a notice of release <br />of lien and substitution of alternate security as contemplated by Utah Cade Annotated Section 38 -1 -28 and <br />otherwise complies with the requirements of Utah Code Annotated Section 38 -1 -28 to release the Property <br />from such lien or claim. Notwithstanding the foregoing, Borrower may, with the prior written consent of <br />Lender, contest the amount of any such lien or claim related to services, labor or materials in accordance <br />with Utah Cade Annotated Section 38 -1 -28(7) without previously recording a notice of release of lien and <br />substitution of alternate security. <br />(iii) If Borrower shall fail to remove and discharge any such lien, encumbrance or charge, or <br />if Borrower shall dispute the amount thereof in contravention of the requirements hereof, then, in addition <br />to any other right or remedy of Lender, Lender may, but shall not be obligated to, discharge the same either <br />by paying the amount claimed to be due or by procuring the release of the Property from the effect of such <br />lien, encumbrance or charge by obtaining a bond in the name of and for the account Borrower and <br />recording a notice of release of lien and substitution of alternate security in the name of Borrower, each as <br />contemplated by Utah Code Annotated Section 38 -1 -28 or other applicable law, or otherwise by giving <br />security for such claim. Borrower shall, immediately upon demand therefor by Lender, pay to Lender an <br />amount equal to all costs and expenses incurred by Lender in connection with the exercise by Lender of the <br />foregoing right to discharge any such lien, encumbrance or charge, including costs of any bond or <br />additional security, together with interest thereon from the date of such expenditure at the default rate set <br />forth in the Note. <br />(n) Reinstatement. If Borrower, Borrower's successor in interest or any other person having a <br />subordinate lien or encumbrance of record on the Property, reinstates this Security Instrument and the Loan within <br />three (3) months of the recordation of a notice of default in accordance with Utah Code Annotated § 57- 1- 31(1), <br />103 <br />
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