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200809579
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Last modified
11/20/2008 3:39:42 PM
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11/20/2008 3:39:41 PM
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DEEDS
Inst Number
200809579
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<br />200809579 <br /> <br />maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph <br />shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. <br />Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it <br />otherwise would have had. <br /> <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part <br />of this Deed onrusl: <br /> <br />TItle. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee <br />simple, free and clear ofallliens and encumbrances other than those set forth in the Property description or <br />in any title insurance policy, title report. or final title opinion issued in favor of. and accepted by, Lender in <br />connection with this Deed of Trust, except for the Deed of Trust securing the amount of $ for the <br />bene lit of Liberty First Credit Union, and (b) Grantor has the full right, power, and authority to execute and <br />deliver this Deed of Trust to Lender. <br /> <br />Defense ofTiUe. Subject to the exception in the paragraph above, Grantor warrants and will forever defend <br />the title to the Property against the lawful claims of all persons. In the event any action or proceeding is <br />commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, <br />Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, <br />but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by <br />counsel of Lender's own choice, and Grantor will deliver. or cause to be delivered, to Lender such <br />instruments as Lender may request from time to time to permit such participation. <br /> <br />Compliance W\lh Laws. Grantor warrants that the Property and Grantor's use of the Property complies <br />with all existing applicable laws, ordinances, and regulations of governmental authorities. <br /> <br />Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust <br />shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall <br />remain in full force and effect until such time as Grantor's Indebtedness is paid in full. <br /> <br />CONDEMNATION, JUDGMENTS AND AWARDS. The following provisions relating to condemnation <br />proceedings,judgments, decrees and awards for injury to the Property are a part ofthis Deed of Trust: <br /> <br />Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, <br />and Grantor shall promptly lake such steps as may be necessary to defend the action and obtain the award. <br />Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the <br />proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver <br />or cause to be delivered to Lender such instruments and documentation as may be requested by Lender <br />from time to time to permit such participation. <br /> <br />Application of Net Proceeds. To the extent permitted by applicable law, all judgments, decrees and <br />awards for injury or damage to the Property, or any part of the Property, and awards pursuant to <br />proceedings for condemnation of the Property, are hereby absolutely assigned to Lender, and if all or any <br />part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu <br />of condemnation. Lender may at its election require that all or any portion of the net proceeds of the award <br />be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award, <br />judgment or decree shall mean the award after payment of all reasonable costs, expenses, and allorneysO <br />fees incurred by Trustee or Lender in connection with the condemnation. <br /> <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of <br />Trust as a security agreement are a part of this Deed of Trust: <br /> <br />Security AgreemenL This instrument shall constitute a Security Agreement 10 the extent any of the <br />Property constitutes fixtures. Lender shall have all of the rights of a secured party under the Uniform <br />Commercial Code as amended from time to time. <br /> <br />Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever <br />other action is requested by Lender to perfect and continue Lender's security interest in the Improvements <br />and Rents. In addition to recording this Deed of Trust in the real property records. Lender may, at any time <br />and without further authorization from Grantor, file executed counterparts, copies or reproductions of this <br />Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in <br />perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the <br />Improvements from the Property. <br /> <br />Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information <br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the <br />Uniform Commercial Code) are as stated on the first page or this Deed or Trust. <br /> <br />FURTHER ASSURANCES; ATTORNEY.IN.FACT. The following provisions relating to further assurances and <br />attorney-in.fact are a part of this Deed of Trust: <br /> <br />4 <br />
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