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201000746
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Last modified
2/2/2010 4:17:44 PM
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2/2/2010 4:17:44 PM
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DEEDS
Inst Number
201000746
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201000'740 <br />their successors, vendees and assigns: <br />First: That the Trustor hereby covenants and agrees, to the extent <br />permitted by law, as follows: (a) to pay promptly when due the principal and <br />interest and other sums of money provided for in the Note and in this Deed of <br />Trust; (b) to promptly pay before delinquency all taxes, assessments and <br />other charges imposed by law upon the Property, the Trustor's interest <br />therein, or upon this Deed of Trust or the Note; (c) to keep the above- <br />described Property and the improvements thereon in good condition and repair <br />and not to commit or suffer waste thereof, and except as authorized in any <br />schedule annexed hereto and forming a part hereof; (d) to maintain and <br />deliver to Beneficiary policies of insurance against such hazards on the <br />buildings and improvements now or hereafter located on or constituting a part <br />of the Property as the Beneficiary shall require, in such companies and <br />amounts and with such loss payable clauses as shall be satisfactory to the <br />Beneficiary; that in the event of loss, Beneficiary is expressly authorized <br />to settle or compromise claims under said policies and the proceeds thereof <br />shall be paid to the Beneficiary who may apply the same or any part thereof <br />on the indebtedness secured hereby or toward the reconstruction or repair of <br />said buildings and improvements or release same to the Trustor; (e) to pay <br />any lien, claim or charge against the Property which might take precedence <br />aver the lien hereof; (f) to pay on demand all legal expenses, title <br />searches, appraisal or attorneys' fees reasonably incurred or paid by <br />Beneficiary to collect the Note or foreclose or protect the lien of this Deed <br />of Trust; (g) that in the event Trustor shall fail to comply with the <br />provisions of (a) through (f) above, the Beneficiary may expend such funds <br />and take such action as is necessary to remedy such failure and all sums paid <br />by the Beneficiary pursuant hereto with interest at the rate hereinafter <br />provided shall constitute a lien upon the Property, shall be secured by this <br />Deed of Trust, and shall be immediately due and repayable to the Beneficiary; <br />(h) not to sell the Property or any portion thereof without the approval of <br />the Beneficiary in writing; and in the event of any sale herein prohibited, <br />then the entire indebtedness secured by this Deed of Trust shall, at the <br />option of the Beneficiary, become due and payable; (i) that if the Property <br />or any part or parcel thereof shall be taken or damaged under the power of <br />eminent domain, the award for any Property so taken or damaged (including <br />severance damages to the remaining premises) shall be paid to the Beneficiary <br />and applied in full or in part at the option of the Beneficiary in reduction <br />of the indebtedness hereby secured; (j) that the Beneficiary shall have the <br />right to inspect the Property at such reasonable times as the Beneficiary may <br />desire to determine Trustor's compliance with the covenants contained in this <br />Deed of Trust; (k) that the Beneficiary may release from the lien hereof any <br />part or parcel of the Property without requiring any consideration therefor, <br />and (1) that Trustor is lawfully seized of said premises and Property in fee <br />simple, that the same are free from all liens and encumbrances except as may <br />otherwise be specifically noted herein or waived in writing by the Beneficia- <br />ry; that Trustor will execute or procure any further necessary assurances of <br />title and does hereby warrant generally the title to said Property and will <br />forever defend the same against the claims and demands of all persons <br />whomsoever, and that Trustor's separate estate, whether vested, contingent ar <br />in expectancy, is hereby conveyed and Trustor does hereby expressly waive, <br />release all rights and benefits of any homestead, dower, curtest', appraise- <br />ment, exemption and stay laws of this state. It is agreed that the interest <br />provided for in subsection (g) above shall be at the same rate as specified <br />in the Note secured hereby on the principal thereof after default and <br />maturity. <br />SECOND. In the event Trustor, without the prior written consent of <br />Beneficiary, shall sell, transfer or convey or contract to sell, transfer or <br />convey the Property, or any part thereof or any interest therein, the entire <br />balance of the indebtedness hereby secured shall become and be immediately <br />due and payable at the option of Beneficiary; provided, however, Beneficiary <br />may waive such option to accelerate if, prior to such sale, transfer or <br />conveyance or contract therefor, Beneficiary and the person to whom the <br />property is to be sold or transferred reach an agreement in writing that the <br />credit of such person is satisfactory to Beneficiary and that the interest <br />payable on the sums secured by this Deed of Trust shall be at such rate as <br />Beneficiary shall request. <br />THIRD. That as further security for the payment of the Nate and the <br />indebtedness thereby evidenced and the performance of all of the terms, <br />covenants and conditions hereof, Trustor agrees that Beneficiary shall and <br />
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