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<br />200805760 <br /> <br />promissory note, hereinafter called the "Note", bearing even date herewith made payable to the <br />order of Beneficiary, executed by D & L RILEY FARMS, L TO; JAMES D. RILEY and SHARON <br />J. RILEY, husband and wife; and DANIEL E. RILEY and LEANNE M. RILEY, husband and wife, <br />and providing for the payment of said indebtedness in installments, the last of which is due and <br />payable MARCH 1, 2018, 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, agreement or warranty <br />contained in the Deed of Tr ust; <br /> <br />(b) The performance of each agreement, covenant and warranty of Trustor herein <br />contained or set forth in the Note or any agreement or instrument executed by Trustor in <br />connection with the indebtedness hereby secured; and <br /> <br />(c) The payment of any sum or sums of money with interest thereon which may be <br />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, <br />Trustor does for himself and for Trustor's heirs, representatives, vendees, successors and <br />assigns, the owners of said Property, hereby expressly covenant, agree and warrant to and with <br />the Trustee and Beneficiary, and their successors, vendees and assigns, that: <br /> <br />1. The Trustor hereby covenants and agrees, to the extent permitted by law. as <br />follows: (a) to pay promptly when due the principal and interest and other sums of money <br />provided for in the Note and in this Deed of Trust; (b) to promptly pay before delinquency all <br />taxes. assessments and 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, in the event of any change of <br />the law providing for the taxation of deeds of trust or debts thereby secured so as to affect this <br />Deed of Trust, the entire indebtedness secured hereby shall at the option of the Beneficiary <br />become due and payable; (c) to keep the Property and the improvements on the Real Estate in <br />good condition and repair and not to comm it or suffer waste thereof, and except as autho rized in <br />any schedule 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, fertilizer, gravel or top soil <br />without the prior written consent of Beneficiary; (d) to maintain and deliver to Beneficiary <br />policies of insurance against such hazards on the buildings and improvements now or hereafter <br />located on or constituting a part of the Property as the Beneficiary shall require from time to <br />time, in such companies and amounts and with such loss payable clauses as shall be <br />satisfactory to the Beneficiary; in the event of loss, Beneficiary is expressly authorized to settle <br />or compromise claims under said policies and the proceeds thereof shall be paid to the <br />Beneficiary who may apply the saml;! or any part thereof on the indebtedness secured hereby or <br />toward the reconstruction or repair of said buildings and improvements or release same to the <br />Trustor; (e) to pay any lien, claim or charge against the Real Estate which might take <br />precedence over the lien hereof; (f) to pay on demand to the extent provided in 11 U.S.C. <br />Section 506(b) and/or as otherwise permitted by state or federal law, all legal expenses, title <br />searches, appraisal or attorney's fees and costs reasonably incurred or paid by Beneficiary to <br />collect, realize upon, or protect its rights under the Note or foreclose, liquidate, exercise the <br />power of sale, or otherwise enforce and/or protect the lien of the Deed of Trust or to renegotiate <br />or resolve disputes either inside or outside of litigation or other judicial proceedings (g) in the <br /> <br />7 <br /> <br />InitialJk s>tt LR- DIf: <br />