|
<br />. .
<br />
<br />200805300
<br />
<br />appertaining, whether now or hereafter acquired, which shall include, without
<br />limiting the generality of the foregoing, the following:
<br />
<br />All of the rents, issues and profits, including all rents, royalties,
<br />bonuses and benefits under any existing or future oil, gas or mineral or
<br />other leases; all easements and rights of way; all rights of homestead
<br />and homestead exemption and any surviving spouse's marital or distribu-
<br />tive share, and all other contingent rights in and to said premises; all
<br />water, water rights, whether riparian, appropriative or otherwise and
<br />whether or not appurtenant, all ditch rights, and any shares of stock
<br />evidencing any such water or ditch right; and
<br />
<br />All fixtures, improvements, buildings, and the plumbing, heating,
<br />ventilating and lighting systems and equipment therein, all barn
<br />equipment; and all pumps, pumping stations, motors, engines, machinery,
<br />reservoirs, pipes, flumes, fences, and other machinery or equipment,
<br />except tractors, used for the production of water on said premises or
<br />for the irrigation or drainage thereof, all of which shall be construed
<br />and considered as affixed to and part of the real estate.
<br />
<br />All of the foregoing estate, property and interest hereby conveyed to the
<br />said Trustee is hereinafter collectively referred to as the "Property."
<br />
<br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors
<br />and assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly
<br />granted unto the said Trustee, Trustee's successors, and assigns for the
<br />purpose of securing:
<br />
<br />(a) The payment of Trustor's just indebtedness to Beneficiary in the
<br />principal sum of Forty-one Thousand Six Hundred Fifty-one and 52/100 Dollars
<br />($41,651.52) for money borrowed, with interest thereon, all as evidenced by
<br />and in strict accordance with the terms of that certain promissory note
<br />hereinafter called the "Note", bearing even date herewith made payable to the
<br />order of Beneficiary, executed by Jose C. Cruz Mejicano, President of La
<br />Quscatleca Liquor, Inc., and providing for the payment of said indebtedness
<br />in installments, the last of which is due and payable *January 15, 2013,
<br />subject to acceleration of maturity on default in the payment of any
<br />installment of principal or interest or in the performance of any covenant,
<br />agreement or warranty contained in this Deed of Trust;
<br />
<br />(b) The performance of each agreement, covenant and warranty of Trustor
<br />herein contained or set forth in the Note or any agreement or instrument
<br />executed by Trustor in connection with the indebtedness hereby secured; and
<br />
<br />(c) The payment of any sum or sums of money with interest thereon which
<br />may be hereafter paid or advanced under the terms of this Deed of Trust.
<br />
<br />NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor
<br />does for Trustor and for Trustor's heirs, representatives, vendees,
<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 />First: That the Trustor hereby covenants and agrees, to the extent
<br />permitted by law, as follows: (a) to pay promptly when due the principal and
<br />interest and other sums of money provided for in the Note and in this Deed of
<br />Trust; (b) to promptly pay before delinquency all taxes, assessments and
<br />other charges imposed by law upon the Property, the Trustor's interest
<br />therein, or upon this Deed of Trust or the Note; provided, however, that in
<br />the event of any change of the law providing for the taxation of deeds of
<br />trust or debts thereby secured so as to affect this Deed of Trust, the entire
<br />indebtedness secured hereby shall at the option of the Beneficiary become due
<br />and payable; (c) to keep the above-described Property and the improvements
<br />thereon in good condition and repair and not to commit or suffer waste
<br />thereof, and except as authorized in any schedule annexed hereto and forming
<br />a part hereof, neither to remove nor permit the removal of any timber,
<br />buildings, oil, gas, minerals, stone, rock, clay, fertilizer, gravel or top
<br />soil without the prior written consent of Beneficiary; (d) to maintain and
<br />deliver to Beneficiary policies of insurance against such hazards on the
<br />buildings and improvements now or hereafter located on or constituting a part
<br />of the Property as the Beneficiary shall require, in such companies and
<br />amounts and with such loss payable clauses as shall be satisfactory to the
<br />
|