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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 />Event of Default, Lender shall have the remedies of a secured party under the UCC. In exercising any of said <br />remedies, Lender may proceed against the items of real property and any items of personal property specified <br />above as part of the Property separately or together and in any order whatsoever, without in anyway affecting the <br />availability of Lender's remedies under the UCC or of the remedies provided herein. THE COLLATERAL IS OR <br />INCLUDES FIXTURES. The following information is provided in order that this Security Instrument shall <br />comply with the requirements of the UCC as enacted in the State of North Carolina, for instruments to be filed as <br />financing statements: <br />(i) The name of the "debtor" is the same as that set forth for Borrower on page 1 hereof ; and <br />the name of the "secured party" is the same as that set forth for Lender on page 1 hereof ; the mailing <br />address of the "secured party" from which information concerning the security interests may be obtained <br />and the mailing address of the "debtor" are as set forth in the preamble of this Security Instrument; and a <br />statement indicating the types, or describing the items, of collateral is set forth hereinabove in the granting <br />clauses; <br />(ii) The record owner of the real property described on Exhibit A is the Fee Owner; <br />(iii) Borrower's jurisdiction of organization is Delaware and Borrower's organizational ID <br />number is set forth on the signature page hereof. <br />(d) Future Advances. This Security Instrument secures all present and future loan disbursements <br />made by Lender under the Note, and all other present and future obligations from time to time owing to Lender by <br />the Borrower under the Loan Documents. The amount of the present obligations secured hereby is the Loan <br />Amount, and the maximum principal amount, including present and future obligations, which may be secured <br />hereby at any one time is two (2) times the Loan Amount, plus interest, costs and advances made by Lender to <br />protect or preserve the Premises or the lien of this Security Instrument, or for taxes, assessments or insurance <br />premiums as herein provided. The time period within which such future disbursements are to be made and other <br />obligations are to be incurred is the period between the date hereof and the date FIFTEEN (15) YEARS from the <br />date hereof. Disbursements secured hereby shall not be required to be evidenced by a "written instrument or <br />notation" as described in Section 45 -68(2) of the North Carolina General Statutes, it being the intent of the parties <br />that the requirements of Section 45 -68(2) for a "written instrument or notation' ' for each advance shall not be <br />applicable to disbursements made under the Note. <br />(e) Borrower hereby waives any rights or remedies on account of any extensions of time, releases <br />granted or other dealings between Lender and any subsequent owner of the Property as said activities are <br />contemplated or otherwise addressed in N.C. Gen. Stat. Sec. 45 -45.1 or any similar or subsequent law. The <br />foregoing waiver shall not be construed as affecting or otherwise amending the covenants of Borrower contained <br />in Article IX hereof. <br />(f) The Maturity Date of the Note, upon which date the entire outstanding principal of the Note, to the <br />extent not theretofore paid, together with all accrued and unpaid interest and any other amounts due under the <br />Note, if not sooner paid shall be due and payable in full on the Payment Date occurring in the calendar month <br />subsequent to the month in which the Closing Date occurs in 2015. <br />(g) Any reference to reasonable attorneys' or legal fees in this Security Instrument or any other Loan <br />Documents shall be deemed to be fees based on the amount of time actually expended in connection with such <br />matters at the attorneys' hourly rate and expenses related thereto, notwithstanding the provisions of North <br />Carolina General Statutes §6 -21.2. <br />Section 18.45. Certain Matters Relating to Property Located in the State of Oregon. With respect to the <br />Property which is located in the State of Oregon, notwithstanding anything contained herein to the contrary: <br />(a) Borrower warrants that this Security Instrument is not and will at all times continue not to be a <br />residential trust deed as the term is defined in ORS 86.705(3), or any successor to such provision. <br />Vi! <br />
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