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200609938
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200609938
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Last modified
11/7/2006 8:33:44 AM
Creation date
11/7/2006 8:33:43 AM
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DEEDS
Inst Number
200609938
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<br />200609938 <br /> <br />D. Procurc and maintain policies of all-risk insurance on said improvements, in sums and <br />underwritten by companies acceptable to the BENEFICIARIES, in an amount of at least <br />Three Hundred Fifty Thousand Dollars ($350,000.00), which policies shall name the <br />BENEFICIARIES as additional insureds, with the loss proceeds payable to the parties as <br />their interests may appear hereunder. TRUSTOR agrees to provide BENEFICIARIES with <br />copies of such policies or certificates of insurance during the teml of this indebtedness, <br />which policies of insurance may not bc cancelled by said carrier without fifteen (15) days <br />written notice to BENEFICIARIES. <br /> <br />TRUSTOR covenants and agrees that a failure to make any payment, either principal or <br />interest, on the Note secured hereby when due and payable, or a failure to comply with any of the <br />covenants and agreements herein made shall cause the whole sum of money hereby secured to <br />become immediately due and collectible at the option of the BENEFICIARIES, and <br />BENEFICIARIES shall have the right to cause Notice of Default to be given and the premises to be <br />sold as provided herein. <br /> <br />The parties mutually agree as follows: <br /> <br />A. At any timc and from time to time upon written request of BENEFICIARIES, payment of <br />fees and presentation of this Deed of Trust and the Note for endorsement (in case of full <br />reconveyance, for cancellation and retention), without affecting the liability of any person <br />for the payment of the indebtedness, TRUSTEE may (a) consent to the making of any map <br />or plat of said property; (b) join in granting any easement or creating any restriction thereon; <br />(c) join in any subordination or other agreement affecting this Deed of Trust or the lien or <br />charge thereof; (d) reconvey this Deed of Trust or the lien or charge thereot; (d) rcconvey, <br />without warranty, all or any part of said property. <br /> <br />B. The grantee in any Deed of Reconveyance may be described as "the person or persons <br />entitled thereto", and the recitals therein of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. <br /> <br />C. Upon default by TRUSTOR in the payment of indebtcdncss securcd hereby or in the <br />pcrfomlance of any agreement hereunder, BENEFICIARIES may declare all sums secured <br />hereby immediatcly due and payable by delivery to TRUSTEE of written dcclaration of <br />default. If BENEFICIARIES desire said property to be sold, they shall deposit with <br />TRUSTEE this Deed of Trust and all promissory notes and documents evidencing <br />expenditures sccured hereby, and shall deliver to TRUSTEE a written Noticc of Default and <br />election to cause said property to be sold in thc form required by law, which shall be duly <br />filed for record by TRUSTEE. <br /> <br />(I) After the lapse of such time as may be required by law (presently being one (I) <br />month following the recordation of said Notice of DeftlUlt), Notice of Default and <br />Notice of Sale having been given as required by law, TRUSTEE, without dcmand <br />on TRUSTORS, shall sell said property on the date and at the time and place <br />designated in said Notice of Sale, at public auction to the highest biddcr, thc <br />purchase price payable in lawful money of the U nitcd States at the time of sale. Thc <br />person conducting the sale may, tor any cause he deems expcdicnt, postpone the <br />sale from time to time until it shall be completed and in every such case, notice of <br />postponement shall be given by public declaration thereof by such person at the time <br />and place last appointed for the sale; provided, if the sale is postponed for longer <br />than onc (1) day beyond the day designated in the Notice of Sale, notice thereof <br />shall be given in the same manner as the original Notice of Sale. TRUSTEE shall <br />execute and deliver to the purchaser his Deed conveying said propcrty so sold, but <br />without any covenant or warranty, express or implied. The recitals in the Deed of <br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including BENEFICIARIES, may purchase at the sale. TRUSTOR hereby <br />covenants to warrant and defend the title ofthe above property to purchaser at sale. <br /> <br />-2- <br />
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