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84006368
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84006368
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Last modified
4/30/2008 4:19:50 PM
Creation date
4/2/2008 9:43:01 AM
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DEEDS
Inst Number
84006368
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<br /> <br />l2.4884/4X <br /> <br />84.- 008368 <br /> <br />r <br /> <br />All interest earned upon the principal deposited in the reserve account <br />shall be accumulated until the $50.000.00 minimum reserve is. rQChe4. <br />Thereafter, interest may be paid out periodically, as authorbed by.tti4t <br />Benef"1ciary. The reserve account shall be pledged at aU~<~ <br />Beneficiary as further security tor the repayment of.t~. lnc!cJbt~ <br />evidenced by the Promissory Note and the obaervanClf.and ' <br />of all the terms. conditions and provisions of the Dee40f <br />other Security Instruments. In the event that TrwiI~ <br />replace any of the cNlateral for which the reserve rep~nt <br />maintained, Trustor shall present to Beneficiary an inVCJt.cecSet <br />cost of such proposed replacement items and identifying tile <br />unit within the Improvements in which the replacement. it.. <br />located, Upon inspection and written approval of .>.B <br />Beneficiary will authorize the withdrawal of funds from. the 0., ...':c...' <br />reserve account in the approved amount. Withdrawals flooID,the.r~.!~ <br />replacement account to less than a balance of $50.008.00 8h'JI<~~ <br />immediate reinstatement of the $1.000.00 monthly deposit, ~,<~ <br />minimum amount is again attained. At such time as theln~~ <br />secured by this Deed of Trust is reduced to $924,000. 00 by~t8 <br />other than those resulting from an involuntary conversion. app~of <br />insurance proceeds or other payment resulting f!'Om diminution. in value <br />of the security. and provided that no Event ot Default has occurred _4 <br />is continuing under the terms. conditions an4 provisions of the <br />Promissory Note, Benef"1ciary shall authorize disbursement ot the b~. <br />of the replacement reserve account to the Trustor. <br /> <br />That all further additional security if this be a construction loan. <br />Trustor hereby transfers and assigns to Beneficiary during continuance <br />of these Trusts. all right. title and interest to any and aU monies <br />deposited by Trustor or deposited on behalf of Trustor with any city, <br />county, public bocly or agency. sanitary district, gas and/or electric <br />company. telephone company and any other body or agency. tor the <br />installation or to secure the installation of any utility by Trustor, <br />pertaining to such property, <br /> <br />8. Com I with need of Trust: Should <br />Trustor f to ma e any payment, or 0 0 any act 88 pro ed in this <br />Deed of Trust. or raU to perform any obligation undertaken under or <br />secured by this Deed of Trust, or do any act Trustor agreed not to do. <br />T1'ustor shall be in default under this Deed of Trust, Beneficiary. but <br />'vithout obligation 80 to do and without notice to or demand upon Trustor <br />~. 'ld without releasing Trustor from any obligation hereof and without <br />CQ,"\testing the validity or amount of the same, may (a) make or do the <br />san.e in such m8 Inl!!' and to such extent as it may deem necessary to <br />protect the security hereof, Beneficiary being authorized to enter upon <br />such property for such purposes. and (b) pay, purchase. contest or <br />compromise any encumbrance. charge or lien, which in its judgment is or <br />appears to be prior or superior hereto. and (e) in exercising any such <br />power. pay necessary expenses. employ counsel and pay his reasonable <br />fees. Trustor agrees to repay any amount so expended on demand of <br />Beneficiary. <br /> <br />IT IS MUTUALLY AGREED TIIAT: <br /> <br />L <br /> <br />9, Litigation: Trustor shall defend this Trust in any action or <br />proceeding purporting to affect such property, whether or not it affects <br />the l'lecurit}. hereof. or purporting to affect the rip:Ms or powers of <br />Beneficiary or Trustee. and shall file Ilnd prosecute all necessary claims <br />and actions to prevent or recover for uny damage to or destruction of <br />such property. and either Trustee or Beneficiary is hereby authorized. <br />without obUg-lltion 50 to do, to commence, appear in or defend /lny such <br />action. whether hrought by or against Trustor. Beneficiary or Trustee, <br />or with or without !'Iult. to exercise or pnforce llny other right, remedy <br />or power availllble or confm'Y'<>.d herelmdcr. whether or not judgment be <br />entered III any action or proccmllng-: tlJld Trustor OJ' Beneficiary may <br />apf)4!!IlJ' or intervene in !lny action 01' proceeding. And retAin counsel <br />therein; and takā¬' "\let! IlCtioll therein. !HI either I1lIiV be ndvilwfl And mav <br />~t'ttltl. compl'f>mlSt'! or. relY t ht'! fillme ot. Hny oth!'!'!' ehlims Ilnd, in th'(' <br />ht'l}:udf and for Ilny of !Hllll put'poseR, may expend unfi flfivnnce 1\uch lIum!'! <br />of monlilV lIfll ..!ther may del'lll neCe!lIlArv. Whether or !lot 'l'1'lIl!1tOT' so <br />lIppelUIII . or (If'fendm, TrUl!lto!' 011 demflnd' II hall pll~' 1111 e01iltll lUll'! ('xpen"'.'I< <br />of' Bl'lflenrollll'V /lnd Trulltef!. 1rH'ludin~ ('ol'llo of "vl~f'!'cf' of hth' 1111/1 <br /> <br />f1 <br /> <br />I <br /> <br />~ <br />
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