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<br />88- 1D534e <br /> <br />of 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, (c) to keep the above-described <br />Property and the improvements thereon in good condition 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, neither to remove nor permit the <br />removal of any timber, buildings, oil, gas, minerals, stone, rock, clay, <br />fertilizer, gravel or top soil without the prior written consent of Benefi- <br />ciary, (d) to maintain and deliver to Beneficiary policies of insurance <br />against such hazards on the buildings and improveme,'ts now or hereafter <br />located on or constituting a part of the Property as the Beneficiary shall <br />require, in such companies and amounts and with such loss payable clauses <br />as shall be satisfactory to the Beneficiary, that in the event of loss, <br />Beneficiary is expressly authorized to settle or compromise claims under <br />said policies and the proceeds thereof shall be paid to the Beneficiary who <br />may apply the same or any part thereof on the indebtedness secured hereby <br />or toward the reconstruction or repair of said buildings and improvements <br />or release same to the Trustors, (e) to pay any lien, claim or charge <br />against the Property which might take precedence over the lien hereof, (fl <br />to pay on demand all legal expenses, title searches, appraisal or attor- <br />neys' fees reasonably incurred or paid by Beneficiary to collect the Note <br />or foreclose or protect the lien of this Deed of Trust, (g) that in the <br />event Trustors shall fail to comply with the provisions of (a) through If) <br />above, the Beneficiary may expend such funds and take such action as is <br />necessary to remedy such failure and all sums paid by the Beneficiary <br />pursuant hereto with interest at the rate hereinafter provided shall <br />constitute a lien upon the Property, shall be secured by this Deed of <br />Trust, and shall be immediately due and repayable to the Beneficiary; (hI <br />not to sell the Property or any portion thereof, and in the event of any <br />sale herein prohibited, then the entire indebtedness secured by this Deed <br />of Trust shall. at the option of the Beneficiary, become due and payable; <br />(i) 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 Beneficiary may desire to determine Trustors' <br />compliance with the covenants contained in this Deed of Trust, (kl that the <br />Beneficiary may release from the lien hereof any part or parcel of the <br />Property without requiring any consideration therefor, and (11 that <br />Trustors are lawfully seized of said premises and Property in fee simple, <br />that the same are free from all liens and encumbrances except as may <br />otherwise be specifically noted herein or waived in writing by the <br />Beneficiary, that Trustors will execute or procure any further necessary <br />assurances of title and does hereby warrant generally the title to said <br />Property and will forever defend the same against the claims and demands of <br />all persons whomsoever, and that Trustors' separate estates, whether <br />vested, contingent or in expectancy, are hereby conveyed and Trustors do <br />hereby expressly waive, release all rights and benefits of any homestead, <br />dower, curtesy, appraisement, exemption and stay laws of this state. It is <br />agreed that the interest provided for in subsection (g) above shall be at <br />the same rate as specified in the Note secured hereby on the principal <br />thereof after default and maturity. <br /> <br />SECOND: In the event Trustors, without the prior written consent of <br />Benefic~ary 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, Beneficiary and the <br />person to whom the property is to be sold or transferred reach an agreement <br />in writing that the credit of such person is satisfactory to Beneficiary <br />and that the interest payable on the sums secured by this Deed of Trust <br />shall be at such rate as Beneficiary shall request. <br /> <br />THIRD: That as further security for the payment of the Note and the <br />indebtedness thereby evidenced and the performance of all of the terms. <br />covenants and conditions hereof, Trusters agree that Beneficiary shall and <br />does hereby have the right. power and authority curing the continuance of <br />this Deed of Trust to collect the rents, iSSU05 and profits of t)lP rrOllt~l.ty <br />