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<br />200705081 <br /> <br />easterly line of said RMW Subdivision, a distance of Two Hundred Seventy Two and Twenty Six <br />Hundredths (272.26) feet to the northeast corner of said RMW Subdivision; thence N56'16'29"E, a <br />distance of Two Hundred Twenty Eight and Seventy Five Hundredths (228.75) feet; thence <br />N81'31'44"E, a distance of Two Hundred Thirty Five and Five Hundredths (235.05) feet; thence <br />N54'04'39"E, a distance of Ninety Eight and Fifty Five Hundredths (98.55) feet; thence N40'01'25"E, a <br />distance of Three Hundred Five and Three Hundredths (305.03) feet; thence N62'4i2iE, a distance <br />ofTwo Hundred Twenty Four and Forty Two Hundredths (224.42) feet; thence N86'13'50'E, a distance <br />of Three Hundred Twenty Four and Ninety Two Hundredths (324.92) feet; thence N75'15'23 E, a <br />distance of Seven Hundred Eighty Three and Forty One Hundredths (783.41) feet; thence <br />N69'50'59"E, a distance of Three Hundred Eighty Nine and Four Hundredths (389.04) feet to the point <br />of beginning, and containing 34.556 acres, more or less, of which, 0.278 acres, more or less, is <br />presently occupied by public road right of way. <br /> <br />TOGETHER WITH all rents, easements, appurtenances, hereditaments, interest in <br />adjoining roads, improvements and buildings of any kind situated thereon and all personal <br />property that may be or hereafter become an integral part of such property. <br /> <br />The property and the entire estate and interest conveyed to the Trustee are referred to <br />collectively as the "Trust Estate". <br /> <br />FOR THE PURPOSE OF SECURING: <br /> <br />a. Payment of indebtedness in the total principal amount of $86,400.00, with interest <br />thereon at the rate of 5.96% per annum, as evidenced by that certain Deed of Trust <br />Promissory Note of even date ("The Note") with a maturity date of March 1,2027, executed by <br />Trustor, which has been delivered and is payable to the order of Beneficiaries, and which by <br />this reference is made a part hereof, and any and all modifications, extensions and renewals <br />thereof; <br /> <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with <br />interest at the rate of 12% per annum (default rate). <br /> <br />This Deed of Trust, the Deed of Trust Promissory Note, and any other instrument <br />given to evidence or further secure the payment and performance of any obligation secured <br />hereby are referred to collectively as the "Loan Instruments". <br /> <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br /> <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as proVided <br />in the Loan Instruments. <br /> <br />2. REAL ESTATE TAXES. Trustor shall pay the annual real estate taxes to the Hall <br />County Treasurer before the taxes become delinquent and shall furnish tax receipts to Beneficiary <br />on or before May 1 and September 1 each year. <br /> <br />3. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any <br />action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiaries <br />or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's <br />fees, in any such action or proceeding in which Beneficiaries or Trustee may appear. Should <br />Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan <br />Instruments, Beneficiaries and/or Trustee, each in its own discretion, without obligation, may make <br />or do the same in such manner and to such extent as either may deem necessary to protect the <br />security hereof. Trustor shall, immediately upon demand therefor by Beneficiaries, pay all costs <br />and expenses incurred by Beneficiaries in connection with the exercise by Beneficiaries of the <br />foregoing rights, including, without limitation, costs of evidence of title, court costs, appraisals, <br />surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written <br />demand shall draw interest at the default rate provided in the Note. <br /> <br />4. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be <br />taken or damaged by reason of any public improvement or condemnation proceeding, or in any <br />other manner including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive <br />any notice or other information regarding such proceeding, Trustor shall give prompt written notice <br />thereof to Beneficiaries. Beneficiaries shall be entitled to all compensation and condemnation <br /> <br />2 <br />