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200904431
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Last modified
6/5/2009 3:14:35 PM
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6/5/2009 3:14:34 PM
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DEEDS
Inst Number
200904431
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~n0~~443i <br />undertakings as part of the Indemnity Agreement, as more fully set forth therein. Trustors intend <br />the obligations hereunder to remain in place, and Trustors agree to be bound by such obligations, <br />so as long as the aforementioned Indemnity Agreement is in force; Trustors expect and intend <br />that the obligations undertaken herein will be enforced pursuant to any amendments or <br />modifications to that agreement and pursuant to any agreement executed after the date of this <br />deed of trust if such agreement is executed with the intent that such agreement replace, succeed, <br />or in any way supplant the aforementioned Indemnity Agreement. <br />(b) The performance of each agreement and covenant of Trustors herein contained; and <br />(c) The payment of any sum or sums of money which may be hereafter paid or advanced <br />by the Beneficiary in accordance with the terms of this Trust Deed, together with interest thereon <br />at the rate provided by law or in any respective Note. <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTORS HEREBY <br />COVENANT AND AGREE AS FOLLOWS: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustors shall promptly pay when <br />due the principal of and interest on any indebtedness incurred by Surety as a result of writing <br />bonds pursuant to the Indemnity Agreement, and all other charges and fees incurred as incidental <br />thereto shall be secured hereby, as well as the principal of and interest on any Future Advances <br />secured by this Trust Deed. <br />2. TAXES, ASSESSMENTS AND CHARGES. Trustors shall pay at maturity all <br />taxes, liens, encumbrances, assessments and other charges, including, without limitation, fines <br />and impositions attributable to the Property and leasehold payments or ground rents, if any, <br />before the same become delinquent, and which now exist or hereafter are imposed upon the real <br />property or upon any improvements or appurtenances thereto which are now or may hereafter be <br />erected on the real property. If any of the foregoing charges are not paid, Trustee is authorized to <br />pay the same of the account of Trustors and the sums so paid shall be repayable in the same kind <br />of money or currency in which the same shall have been paid, and shall bear interest at the rate <br />of seven per cent (7%) per annum until paid, and such amounts shall be considered as secured by <br />this Deed of Trust, and shall be a lien upon the real property the payment of which shall be <br />deducted from the proceeds of the sale herein provided for, with interest as herein provided. <br />3. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARY'S SECURITY. <br />Trustors sliali n7ake all payments-of-interest and principal and payments of any other charges, <br />fees, and expenses contracted to be paid to any existing or subsequent lienholder or beneficiary, <br />under any existing or subsequent mortgage or trust deed before the date they are delinquent or in <br />default, and promptly pay and discharge any and all other liens, claims or charges which may <br />jeopardize the security granted herein. If Trustors fail to make any such payment or fail to <br />perform any of the covenants and agreements contained in this Trust Deed, or any Note referred <br />to herein, or in any prior or subsequent trust deed, or if any action or proceeding is commenced <br />which materially affects Beneficiary's interest in the Property, including, but not limited to, <br />eminent domain proceedings, proceedings involving a decedent, notice of sale by Trustee, notice <br />of default by Trustee, mortgage foreclosure action, or if Trustors fail to pay Trustors' debts <br />generally as they became due, then Trustee (original or successor), at Benehciary's option and <br />without notice to or demand upon Trustors and without releasing Trustors from any obligation <br />hereunder, may make such appearances, disburse such sums, and take such action as is necessary <br />2 <br />
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