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200807978
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Last modified
12/2/2008 10:28:38 AM
Creation date
9/17/2008 3:22:48 PM
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DEEDS
Inst Number
200807978
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<br />200807978 <br /> <br />Instrwnent. Trustor agrees to assign to Beneficiary. as requested by Beneficiary, any rights, claims or defenses Trustor <br />may have against parties who supply labor or materials to maintain or improve the Property. <br /> <br />Property Condition, Alterations and Inspection. Trustor will keep the Property in good condition and make all repairs <br />that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or deterioration of the Property. <br />Trustor agrees that the nature of the occupancy and use will not substantially change without Beneficiary's prior written <br />consent. Trustor will not permit any change in any license, restrictive covenant or easement without Beneficiary's prior <br />written consent. Trustor will notify Beneficiary of all demands, proceedings. claims, and actions against Trustor, and of <br />any loss or damage to the Property. <br /> <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option. enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and <br />Trustor will in no way rely on Beneficiary's inspection. <br /> <br />Authority to Perform. If Trustor fails to perform any duty or any of the covenants contained in this Security Instrwnent, <br />Beneficiary may, without notice. perform or cause them to be performed. Trustor appoints Beneficiary as attorney in fact <br />to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for Trustor shall not <br />create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of <br />Beneficiary's other rights under the law or this Security Instrument. <br /> <br />Leaseholds; Condominiums; Planned Unit Developments. Trustor agrees to comply with the provisions of any lease if <br />this Security Instrument is on a leasehold. If the Property includes a unit in a condominiwn or a planned unit development, <br />Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the condominiwn or planned <br />unit development. <br /> <br />Condemnation. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or public <br />entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Trustor <br />authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. Trustor assigns to <br />Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any <br />part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security <br />Instrument. This assignment of proceeds is subject to the tenus of any prior mortgage, deed of trust, security agreement or <br />other lien document. <br /> <br />Insurance. Trustor shall keep Property insured against loss by fire. flood, theft and other hazards and risks reasonably <br />associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. What Beneficiary requires pursnant to the preceding two sentences can change during the <br />tean of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's <br />approval. which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary <br />may, at Beneficiary's option. obtain coverage to protect Beneficiary's rights in the Property according to the terms of this <br />Security Instrwnent. <br /> <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, <br />where applicable, "loss payee clause." Trustor shall immediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall <br />immediately give to Beneficiary all receipts of paid premiwns and renewal notices. Upon loss, Trustor shall give <br />immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by <br />Trustor. <br /> <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to <br />the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not <br />extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid <br />to the Trustor. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting <br />from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately <br />before the acquisition. <br /> <br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any financial statement <br />or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any additional <br />docwnents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Trustor's obligations <br />under this Security Instrwnent and Beneficiary's lien status on the Property. <br /> <br />6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br /> <br />@1994 Wolters Kluwer Financial Senile,,". Bonkers SystemsH. Form USBOCP,DT,NE 8/24/2006 <br /> <br />1E:: (pa~) <br />
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