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z <br />201a09285 <br />NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor <br />does for Trus�.or and for Trus�.or's heirs, representati�r�s, vendees, <br />successors and assigns, the owners of said Property, he�eby expressly <br />covenarat, agree and warrant ta an.d with the Trustee and Beneficiary, and <br />th�ir successo�s, vendees and assigns: <br />�'ixst: That the Trustor hereby covenants and agrees, to th� extent <br />permitted by law, as follows: (a) to pay pramptly when du� �.he principal and <br />intere�t and other sums of money provided for in the Not� and in this Deed of <br />Trust; (b) to promptly pay befoare delinquency a11. taxes, assessments and <br />ather charges imposed by law upon the Froperty, the '1'rustor's interes�. <br />therein, or upan this Deed of Trust or the Note; (c) to keep the abo�re- <br />described Property and �he improvements th�reon in good condition and repair <br />and not to commi� Qr suffer waste �hereof, and except as authorized in any <br />schedule annex�d hereto and �orming 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 />af the Property as the Bene�iciary shall requixe, in such companie� and <br />amoun�s and wi�h auch loss payable clauses as sha11 be satisfac�ory to �he <br />Beneficiary; that in �he event of loss, Seneficiary is expr�ssly authorized <br />ta settle ar compromise claims under said policiea and the proceeds thereof <br />shall be paid to �he Ben.eficiary who may apply the same or any part thereof <br />on the indebtedness secured hereby ar �.oward �he recanstruc�ion or repair of <br />said buildings arid improvetnents a� release sam� to the Tx'us�or; (e) t� pay <br />any 1.ien, claim or charge against the Property which might take preced�nce <br />over the lien he�'eof; (f) ta pay on demand all lega]. expenses, title <br />searches, appraisal or attorneys' fees reasonably incurred or paid by <br />Bene�iciary �a collect �he Note or foreclose a� prot�c� the lien of this D�ed <br />a� Trust; (g) that in the event Trus�ar shall fail to comply with the <br />provisions of (a) through (f) above, the Beneficiary may �xpend such funds <br />and take such ac�ion as is neces�ary to remedy such failure and a� l sums paid <br />by the Beneficia�y pursuant hereto with in�.erest at the rate hereina�ter <br />provided shall constitute a 7.ien upon the Praperty, shall be secured by this <br />Deed of Trus�., and shall be immedia�ely due and repayable �o the Beneticiary; <br />(h) not to sell the Prape�ty or any portion thereof without the appraval of <br />�.he Seneficiary in writing; and in the �vent of any sale herein prohibited, <br />then the en�ire ind�b�edness secured by this Deed af Trust shall, at the <br />option of the Beneficiary, became due and payable; (i) that if �he Property <br />or any par�. or parc�l thereof sha1.1 be taken or damaged under �.he power of <br />eminent domain, �.he award for any Property so �aken or damaged (including <br />severance damages to the remaining premises) shall be paid to the Beneficiary <br />and applied in full or in par� at the op�.ian of the Beneficiary in reduction <br />of the indebtedn�ss hereby secured; (j) �.hat the Sene�iciary shall have the <br />right to inspect the Praperty a� such r�asonable times as the Seneficiary may <br />desiare �.o determine Trustor' s compliance with the covenants contained in this <br />Deed of Trust; (k) that the Seneficiary may releas� from the lien hereof any <br />paxt or parcel of the Property without requa.ring any considera�ion therefor, <br />and (1) �hat Trustar is �awfully seized of said premises and Property in tee <br />simple, that the same are �ree from all liens and encumbrances except as may <br />otherwise be specifically n.oted her�in o� waived in writing by the B�nefic�.a- <br />�y; that T�ustor will. execu�.e o� procure any turther necessary assurances of <br />title and does hereby warrant generally the ti�le to said Praperty and wi11 <br />forever defend th� same against th� claims and demazzds of a11 persons <br />whomsoever, and that T�ustor's separate estate, whether vested, contingent ar <br />in exp�ctancy, is hereby conveyed and Trustor dnes hereby expressly waive, <br />release a11. rights and benetits of any hom�s�.ead, dower, curtesy, apprai�e- <br />ment, �xempt�.on and stay laws of this state. Tt is agreed that the interes�. <br />provided for in. subsectian (g) above shall be at th� same rate as speci�ied <br />in the Note secured hereby on the principal th�reof aft�r defaul�. and <br />maturity. <br />SECOND. In the event Trustor, without the prior written consent of <br />B�neficiary, shall sell, trans�er or canvey or contract to sell, transfer or <br />convey the Prope�ty, ar any part the�eot or any interest therein, the en�.ire <br />balance of the indebtedness hereby secured shall b�come an.d be immedia�ely <br />due and payable at the option of B�neficiary; provided, hpwever, Beneficiary <br />may wai�cre such op�ion to accelerate if, prior to such sa�e, transfer or <br />conveyance or contract theretor, Seneficiary 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 Benefici.ary and that �he int�rest <br />payable on the sums secured by this Deed of Trust shall be at such �ate as <br />Beneficiary shall request. <br />