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200609412
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200609412
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Last modified
10/23/2006 4:53:58 PM
Creation date
10/23/2006 4:53:58 PM
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DEEDS
Inst Number
200609412
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<br />.. <br /> <br />.. <br /> <br />200609412 <br /> <br />3. Borrower shall pay all general real estate taxes and special assessments against the <br />Property before the same become delinquent. <br /> <br />4. Borrower shall keep the improvements on said Property insured against loss by fire <br />and hazards included with the term "extended coverage" for their insurable value and policies for <br />the same shall include a standard mortgage clause showing Lender herein. In event of loss, Lender <br />may make proof of loss if not promptly made by Borrower. Insur~ce procee~s shall be applied t? <br />restoration or repair of the Property damaged, unless both partIes otherWIse agree, e~cept .If <br />restoration or repair is not economically feasible or Lender's security is not lessened, otherwIse saId <br />proceeds shall be paid on the debt herein, whether or not then due. <br /> <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds <br />from insurance shall not extend or postpone the due date of the payments provided in said instrument <br />of indebtedness, or change the amount of the payments. <br /> <br />5. Borrower shall keep the described Property in good condition and repair; shall <br />promptly repair, or replace, any improvement which may be damaged or destroyed; shall not commit <br />or permit any waste or deterioration of the real estate hereinabove described, shall not remove, <br />demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or <br />permit any act to be done in or upon the Property in violation of any law, ordinance or regulation; <br />and shall promptly discharge at Borrower's cost and expense all liens, encumbrances and charges <br />levied, imposed or assessed against the described real estate or any part thereof. <br /> <br />6. Borrower shall keep the Property in compliance with all applicable laws, ordinances <br />and regulations relating to industrial hygiene or environmental protection (collectively referred to <br />herein as "Environmental Laws"). Borrower shall keep the Property free from all substances deemed <br />to be hazardous or toxic under any Environmental Laws (collectively referred to herein as <br />"Hazardous Materials"). Borrower hereby warrants and represents to Lender that there are no <br />Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold <br />harmless Lender, and any successors to Lender's interest, from and against any and all claims, <br />damages, losses and liabilities, arising in connection with the presence, use disposal or transport of <br />any Hazardous Materials on, under, from or about the Property. THE FOREGOING <br />WARRANTIES AND REPRESENTATION, AND BORROWER'S OBLIGATIONS PURSUANT <br />TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED <br />OF TRUST. <br /> <br />7. Borrower shall not sell, transfer, assign, conveyor further encumber all or any part <br />of or interest in the Property hereinabove described, either voluntarily or involuntarily, without the <br />express prior written consent of Lender or as otherwise herein permitted, and in the event of any such <br />sale, transfer, assignment, conveyance or transfer in violation of this provision, Lender shall have <br />the option to declare all sums secured hereby immediately due and payable. <br /> <br />8. If Borrower fails to perform the covenants and agreements herein contained, Lender <br />may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in <br />the Property, including the paying of any sum secured by a lien which has priority over this Deed of <br />Trust, appearing in Court, paying reasonable attorney fees and entering the Property to make repairs. <br />Any amount disbursed by Lender under this paragraph shall become an additional debt of Borrower <br />secured by this Deed of Trust, to bear interest from the date of disbursement and said amount, <br />together with the then unpaid principal amount shall bear interest at the highest lawful rate until <br />refunded by Borrower. <br /> <br />9. The proceeds of a condemnation award are hereby assigned and shall be paid to <br />Lender and shall be applied to the sums secured by this Deed of Trust, whether or not then due, with <br />any excess to be paid to Borrower. <br /> <br />10. Any extensions or modifications of the loan granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's <br />successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a <br />waiver of or preclude the exercise of any right or remedy. <br /> <br />Page 2 of 4 <br />
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