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200502041
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Last modified
10/17/2011 2:55:32 AM
Creation date
10/18/2005 3:19:12 PM
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DEEDS
Inst Number
200502041
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200502041 <br />CONSTRUCTION LOAN RIDER TO DEED OF TRUST 1735040725 <br />Grantor/Trustor: LARSON CONSTRUCTION, INC. <br />Trustee: U.S. BANK N.A. <br />Beneficiary: U.S. BANK N.A. <br />The following provisions are hereby made a part of the Deed of Trust to which this Rider is attached: <br />Cessation of Construction. The loan secured hereby was obtained to assist in financing building <br />construction or remodeling, or land development, or other improvements to the Premises (as provided in <br />the Construction Loan Agreement between Grantor/Trustor and Beneficiary of even date with the note <br />evidencing such loan, which is made a part hereof by this reference, which no third party is entitled to rely <br />upon) and: (a) If such construction, remodeling, development, or improvement shall not, in accordance <br />with plans and specification approved by Beneficiary, be completed prior to the expiration date <br />established by Beneficiary or (b) If work on the same shall cease before completion and remain <br />abandoned for a period of thirty consecutive days; then the existence of either circumstance shall <br />constitute an event of default under the terms of this instrument, and at any time thereafter, said note and <br />the whole indebtedness secured hereby shall, at the option of the Beneficiary and without notice to <br />Grantor/Trustor (such notice being hereby expressly waived), become due and collectible at once by <br />foreclosure or otherwise. In the event of such cessation or abandonment of work as aforesaid, <br />Beneficiary may, at its option, also enter upon the Premises and complete such improvements and <br />Grantor/Trustor hereby gives to Beneficiary full power and authority to make such entry and to enter into <br />such contracts or arrangements as it may consider necessary to complete the same. All monies <br />expended by Beneficiary in connection with completion of said improvements shall be added to the <br />indebtedness hereby secured and shall be payable by Grantor/Trustor immediately and without demand, <br />with interest at the default rate specified in the Note. Beneficiary shall have the right to enter upon the <br />Premises at any and all times to inspect the same. <br />Construction Mortgage. This Deed of Trust shall be deemed to be a construction mortgage, as that term <br />is defined in the Uniform Commercial Code, as amended, securing an obligation incurred for the <br />construction of an improvement on the Land, which may include the acquisition cost of the Land, and any <br />notes issued in extension or renewal thereof or substitution therefor. If and to the extent that any of such <br />actions could, under the laws of the state in which the Land is located, form the basis of or result in a <br />security interest in or lien against the Land or any Improvements thereon having priority over this Deed of <br />Trust, Grantor affirms, acknowledges and warrants that prior to the recordation of this Deed of Trust in the <br />real property records of the county or counties where the Land is located, no contract will have been <br />entered into nor will any improvements have been constructed upon the Land, nor will any material have <br />been delivered to the Land in regard to the project for which the loan or loans evidenced by the Note <br />have been made. It is understood and agreed that funds are to be advanced upon the Note in <br />accordance with a Construction Loan Agreement made by and between the Grantor and the Beneficiary <br />of even date herewith, which said Construction Loan Agreement is incorporated herein by reference to <br />the same extent and effect as if fully set forth herein and made a part of this Deed of Trust. This Deed of <br />Trust secures the payment of all sums and the performance of all covenants required by Grantor by said <br />Construction Loan Agreement, and on the failure of Grantor to keep and perform all the covenants, <br />conditions and agreements of said Construction Loan Agreement, the principal sum and all interest and <br />other charges provided for herein and secured hereby shall, at the option of the Beneficiary of this Deed <br />of Trust, become due and payable, anything herein contained to the contrary notwithstanding. <br />3532DOT ©us bancorp 2001 B1 8/02 <br />
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