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2oioo95s� <br />It is understa�d and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure <br />the repayments in fuli of the foilowing described obligations, regardless of whether Mqrtgagor(s) is(are) <br />liable thereon, and all future and additional loans or advances, protective or otherwise, which may be <br />made by Beneficiary, at its option, at the request of, and ta ar far the account of Trustor(s), the parties <br />liable under the note(s) or credit agreement(s), or any of them, for any purpose, plus interest thereon, <br />all payable according to the terms of the note(s), credi# agreement(s), or other instrument(s) modifying <br />the same. <br />Date af Note(s1 ar Credlt Agreement s� <br />12121/2010 <br />Principal Amount <br />$119,600.00 <br />12/21/2010 <br />.� ��� �� <br />Provided, however, that the tntal principal indebtedness outstanding and secured hereby at any one <br />time will not exceed the sum of ONE HUNDRED SEVENTY-NINE THOUSAND SIX HUNDRED, <br />($179,600.00), exclusive af interest and protective advances authorized herein or in the Ipan <br />agreement(s); provided further, that THIS PARAGRAPH SHALL N07 CONSTITUT� A COMMITMENT <br />70 MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR <br />NOl' 7HE 707AL PRINCIPAL IND�BTEDNESS ABOV� HAS BEEN ADVANCED. <br />This Trust D�ed will be due January 1, 2026. <br />Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that <br />Trustor(s) has good and lawful authority to deed and encumber the same, that the property is free and <br />clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will warrant <br />and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also <br />hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and <br />to the above described prop�rty. <br />7his trust deed secures more than one note. In the event of default und�r any note, all notes will be <br />consider�d t� be in default and the Beneficiary may exercise the remedies provided herein in <br />satisfaction of all notes. <br />This is a purchase money trust deed. <br />Trustor�s) and each of them further covenants and agrees with Beneficiary as follows: <br />1, To p�y all liens, judgments, or other assessm�nts against the property, and to pay when due all <br />assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or <br />privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public <br />domain. <br />Z. To insure and keep insured buildings and other improvements including fixtures and attachments <br />now on or hereafter placed on the property to the satisfaction of Beneficiary, will on demand furnish <br />said policies or furnish proof of insurance to 8eneficiary. Any sums so receiued by Ben�ficiary may be <br />used to pay for recanstruction of the destroyed improvements or if not so applied may be applied, at the <br />option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust <br />Deed. Such insurance will be in an amount at least equal to the lesser of the loan balance, the actual <br />cash value of the collateral, or the replacement cost of the properky, and will at a minimum, cover losses <br />caused by fire, lightning, explosion, riot, aircraft, uehicles, vandalism, civil comm�tion, smnke, <br />windstorm, and hail. Trustor(s) will obtain and keep flood insurance in fprce ta cover losses by flood as <br />required by Beneficiary and by the National Flood Insurance Act of 1968, as am�nded, and by <br />regulations implemen#ing the same. 7rustor(s) further agree that Beneficiary is not and will not be liable <br />for any failure by Trustor(s) or by any insurer, for whatever reason, to obtain and keep this insurance in <br />force. <br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on <br />the prnperty occupied and in good repair, maintenance, and condition and to neither commit nor permit <br />any acts of waste or any impairment of the value of the property. Beneficiary may enter upon the <br />praperty to inspect the same or to perForm any acts authorized herein or in the credit agreement(s). <br />4. In the event TruStor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges <br />or maintain any insurance on the property, buildings, fixtures, attachments, ar improvements as <br />provided herein or in the loan agreement(s), Beneficiary, at i#s optian, may meke such peyments or <br />pravide insurance, maintenance, ar repairs and any amounts paid therefor will become part of the <br />principal indebtedness secured here�y, be immediately due and payable and bear interest at the <br />default rate provided in the note(s) or credit agreement(s) from the date of payment until paid. The <br />advanc�ment by Beneficiary nf any such amnunts will in no manner limit the righ# of Beneficiary to <br />declare Trustor(s) in default or exercise any of Beneficiary's other rights and remedies. <br />5. In the event 8eneficiary is a party to any litigation affecting the property or the lien of this 7rust <br />Deed, including any action by Beneficiary to enforce this Trust Deed or any suit in which Beneficiary is <br />named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur <br />expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, <br />expenses, appraisal fees, and other charges and any amounts so advanced will become part of the <br />principal indebtedness secured hereby, be immediately due and payable and bear interest at the <br />default rate provided in the note(s) or credit agreement(s) from the date of advance until peid. <br />6. Any awards made to Trustor(s) or their successors by the exercise of eminent domain are hereby <br />assigned to Beneficiary; and Beneficiary is hereby authorized #o coltec# and apply the same in payment <br />of any indebtedness, mature or unmatured, secured by this Trust Deed. <br />App #: 5�42645; CIF #: 85361; Note #: 205 2205Q Legal Dac. Date: December 21, 2Q10 <br />FORM 5011, Trust need and Assignment of Rents Page 2 <br />