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i <br />4 <br />t i 87-103276 <br />•, , forth herein. <br />D. PRvmcnt of future advances necesenrr to protect --1, <br />property. <br />E. Payment of future advances to be made at the option of <br />Trusto: end Beneficiary, provided Vint the maximum amount secured <br />hereby, including any such future advances, shall not exceed the total <br />sum of $2.000.000.00. Nothing herein shall be deemed to impose any <br />liability on Beneficiary to make any such additional future advance• <br />which shall be solely discretionary. <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR <br />COVENANTS: <br />1. Title: That it is lawfully seized and possessed of a good and <br />tndefeastbfe title and estate to such property in fee simple and will <br />forever warrant and defend the title thereto against the claims and <br />demands of all persons whosoever; that it will, at its expense, maintain <br />and preserve the lien of this Deed of Trust as a first and paramount <br />lien upon such property. <br />2. NWittenance: To keep such property in good condition and <br />repair; to maintain all parking and landscaped areas satisfactorily to <br />Beneficiary; to complete or restore promptly and in good and <br />workmanlike manner any building which may be constructed, damaged or <br />destroyed thereon and to pay, when due, all claims for labor performed <br />and materials furnished therefor and for any alterations thereof; to <br />comply with the provisions of restrictions affecting such property; not to <br />remove• demolish or materially alter any building, or the character or <br />use thereof at any time thereon; not to construct any additional <br />improvements upon the Reel Estate, other than those shown on the plans <br />specifically approved in writing by Beneficiary; not to drill or extract <br />nor to permit the drilling for or extraction of oil, pas or other <br />hydrocarbon suhetances or any mineral of any kind unless the written <br />consent of Rene-fieiary is firet had and obtnined: not to commit or permit <br />nnv waste thereof or any act upon such property in violktion of htw: to <br />do all other act- in a timeiv and proper manner which from the character <br />or use of much property may be reasonahly nece—ory to protect and <br />preserve sold —curity• the specific enumrretiow herein tint excluding <br />the renrral. <br />3. Coo<tructicn nl inpnwan•••nt. T,• .mpb•b- in pond and <br />worknan Hhe neneu•r .: �.dL'':, t; ,� improvee,ynt or repair relating <br />thereto which r•a•.- t,,areq,tn o. „ehr rep,• ,. or contemplated by the <br />lost, secure,! hcrehv, t- r— wh.m duce alt costs and liabilities incurred <br />therefor• and not to 1—it nnv e— truction lien against such property. <br />Trustor *l— arreea, anvthiaq to this tired of Trust to the contrary <br />notwfthstandtnq: (a) t„ premptfv cnnnene_e work and to complete the <br />prope d inpreyrmen t. pr..mptty, fh) to complete some in accordance <br />with plan. now ap,., -e flent,nn. n approved by Beneficiary. (c) to comply <br />with at! „f the ter — -,f any construction loan agreement between Trustor <br />and neerfte!ar. • (d) to ntln% neneficinry to inspect such property at all <br />times dnrina -- !rtirtion, and (e) to replace any work or materials <br />unsatlsfarte— to f'eneficin—, within fifteen (15) days after written <br />notce fre, peneficiara- of such fact. which notice may be Riven to <br />Trustor 1,% r,•rintered or certified nail, sent to his last known address, <br />or by personal aervtre or the some. <br />4. Fire and Casualty Insurance: To keep such property insured <br />against lots n�-T mr�� by rye end —other risk or Make which, in the <br />opinion of n,•neficiary should be Insured against, under policies of <br />insurance with toss payable to Beneficiary in form, amount and companies <br />acceptable to Beneficiary, including during periods of construction., <br />"builder's risk tnsurance, nonreporting form ". Said policies shall be <br />delivered to and remain in possession of Beneficiary as further security <br />for the faithful performance of these obligations, which delivery shall <br />constitute an assignment by Trustor to Beneficiary to all rights <br />thereunder, including all return premiums; to deliver to Beneficiary a <br />policy or policies renewing or extending any expiring insurance with a <br />receipt showing premiums paid at least thirty (30) days before <br />-3- <br />A <br />