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<br />88- 102147 <br /> <br />r <br /> <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 /> <br /> <br />~ <br />, <br />(j' <br />r <br />I' <br />~, <br />! <br />t <br />~ <br />\ <br /> <br />FIRST: That the Trustor hereby covenants and agrees, to the extent <br />permi~by law, as follows: (a) to pay promptly when due the principal <br />and interest and other sums of money provided for in the Note and in this <br />Deed of Trust; Ib) to promptly pay before delinquency all taxes, assess- <br />ments and other charges imposed by law upon the Property, the Trustor's <br />interest therein, or upon this Deed of Trust or the Note; provided, how- <br />ever, that in the event of any change of the law providing for the taxation <br />~f deeds of trust or debts thereby secured so as to affect this Deed of <br />Trust, the entire indebtedness secured hereby shall at the option of the <br />Beneficiary become due and payable; Ie) to keep the above-described <br />Property and the improvements thereon in good cendition and repair and not <br />to commit or suffer waste thereof, and except as authorized in any schedule <br />annexed hereto and forming a part hereof; Id) to maintain and deliver to <br />Beneficiary policies of insurance against such hazards on the buildings and <br />improvements now or hereafter located on or constituting a part of the <br />Property as the Beneficiary shall require, in such companies and amounts <br />and with such loss payable clauses as shall be satisfactory to the Bene- <br />ficiary; that in the event of loss, Beneficiary is expressly authorized to <br />settle or compromise claims under said policies and the proceeds thereof <br />shall be paid to the Beneficiary who may apply the same or any part thereof <br />on the indebtedness secured hereby or toward the reconstruction or repair <br />of said buildings and improvements or release same to the Trustor; Ie) to <br />pay any lien, claim or charge against the Property which might take prece- <br />dence over the lien hereof; If) to pay on demand all legal expenses, title <br />searches, appraisal or attorneys' fees reasonably incurred or paid by <br />B~neficiary to collect the Note or foreclose or protect the lien of this <br />Deed of Trust; Ig) that in the event Trustor shall fail to comply with the <br />provisions of (a) through If) above, the Beneficiary may expend such funds <br />and take such action as is necessary to remedy such failure and all sums <br />paid by the Beneficiary pursuant hereto with interest at the rate herein- <br />after provided shall constitute a lien upon the Property, shall be secured <br />by this Deed of Trust, and shall be immediately due and repayable to the <br />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 <br />Trust shall, at the option'of the Beneficiary, become due and payable; Ii) <br />that if the Property or any part or parcel thereof shall be taken or <br />damaged under the power of eminent domain, the award for any Property so <br />taken or damaged (including severance damages to the remaining premises) <br />shall be paid to the Beneficiary and applied in full or in part at the <br />option of the Beneficiary in reduction of the indebtedness hereby secured; <br />Ij) that the Beneficiary shall have the right to inspect the Property at <br />such reasonable times as the Benefici~ry may desire to determine Trustor's <br />compliance with the covenants contained in this Deed of Trust; Ik) that the <br />Beneficiary may release from the lien hereof any part or parcel of the <br />Property without requiring any consideration therefor, and (1) that Trustor <br />is lawfully seized of said premises and property in fee simple, that the <br />same are free from all liens and encumbrances except as may otherwise be <br />specifically noted herein or waived in writing by the Beneficiary; that <br />Trustor will execute or procure any further necessary assurances of title <br />and does hereby warrant generally the title to said Property and will <br />forever defend the same against the claims and demands of all persons <br />whomsoever, and that Trustor'~ separate estate, whether vested, contingent <br />or in expectancy, is hereby conveyed and Trustor does hereby expressly <br />waive, release all rights and benefits of any homestead, dower, curtesy, <br />appraisement, exemption and stay laws of this state. It is agreed that the <br />interest provided for in subsection Ig) above shall be at the same rate as <br />specified in the Note secured hereby on the principal thereof after default <br />and maturity. <br /> <br /> <br />SECOND: In the event Trustor, without the prior written consent of <br />BenefIciary shall sell, transfer or conveyor contract to sell, transfer or <br />convey the Property, or any part thereof or any interest therein, the <br />entire balance of the indebtedness hereby secured shall become and be <br />immediately due and payable at the option of Beneficiary: provided, how- <br />ever, Beneficiary may waive such option to accelerate if, prior to such <br />sale, transfer or conveyance or contract therefor, Reneficiary and the <br />person to whom the property is to be sold or transferred reach an aqreement <br /> <br /> <br />r' <br />... <br /> <br />.-J---- <br />