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201002498
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Last modified
4/15/2010 2:25:00 PM
Creation date
4/15/2010 2:23:04 PM
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DEEDS
Inst Number
201002498
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tio~.oo249s <br />shall cease, terminate and be null and void; otherwise this Deed of Trust shall remain in full <br />force and effect. <br />IT IS FURTHER UNDERSTOOD AND AGREED THAT: <br />1. Title. Grantor represents, warrants and covenants that (a) Grantor is the holder <br />of the fee simple title to the Premises, free and clear of all liens and encumbrances, except the <br />Permitted Exceptions; and (b) Grantor has legal power and authority to mortgage and convey the <br />Premises. <br />2. Maintenance Re air and Restoratioan of Im rovements Pa ment of Prior <br />Liens, etc. Grantor shall: (a) promptly repair, restore or rebuild any buildings or improvements <br />now or hereafter on the Premises which may become damaged or be destroyed to a condition <br />substantially similar to the condition immediately prior to such damage or destruction, whether <br />or not proceeds of insurance or condemnation award are available or sufficient far such purpose; <br />(b) keep the Premises in good condition and repair, without waste, and free from mechanics' <br />liens or other liens or claims for lien, except that Grantor shall have the right to contest by <br />appropriate proceedings the validity or amount of any such lien if and only if Grantor shall, <br />within ten (10) days after the filing thereof, (i) place a bond with Beneficiary in an amount, farm, <br />content and issued by a surety reasonably acceptable to Beneficiary for the payment of any such <br />lien or (ii) cause the title company which has issued the loan policy of title insurance to <br />Beneficiary insuring the lien of this Deed of Trust to issue an endorsement thereto insuring <br />against loss or damage on account of any such lien; (c) pay when due the indebtedness secured <br />hereby in accordance with the terms of the Nate and the other Loan Documents and duly perform <br />and observe all of the terms, covenants and conditions to be observed and performed by Grantor <br />under the Note, this Deed of Trust and the other Loan Documents; (d) immediately pay when <br />due any indebtedness which may be secured by a lien or charge on the Premises superior or <br />inferior to or at parity with the lien hereof (no such superior, inferior or parity lien to be <br />permitted hereunder), and upon request exhibit satisfactory evidence of the discharge of any such <br />lien to Beneficiary; (e) complete within a reasonable time any buildings or any other <br />improvements now or at any time in process of construction upon the Premises; (f) comply with <br />all requirements of law, municipal ordinances and restrictions and covenants of record with <br />respect to the Premises and the use thereof, including without limitation, those relating to <br />building, zoning, environmental protection, health, fire and safety; (g) obtain and maintain in full <br />force and effect, and abide by and satisfy the material terms and conditions of, all material <br />permits, licenses, registrations and other authorizations with or granted by any governmental <br />authorities that may be required from time to time with respect to the performance of its <br />obligations under this Deed of Trust; (h) make no material alterations in the Premises or <br />demolish any portion of the Premises without Beneficiary's prior written consent, except as <br />required by law or municipal ordinance; (i) not suffer or permit any change in the general nature <br />of the occupancy of the Premises without the prior written consent of Beneficiary; (j) pay when <br />due all operating casts of the Premises; (k) not initiate or acquiesce in any zoning reclassification <br />with respect to the Premises, without Beneficiary's prior written consent; (1) provide and <br />thereafter maintain adequate parking areas within the Premises as may be required by law, <br />ordinance or regulation (whichever may be greater), together with any sidewalks, aisles, streets, <br />driveways and sidewalk cuts and sufficient paved areas for ingress, egress and right-of--way to <br />and from the adjacent public thoroughfares necessary or desirable for the use thereof; and (m) <br />4 <br />
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