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201106055
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Last modified
8/16/2011 9:36:31 AM
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8/16/2011 9:36:31 AM
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DEEDS
Inst Number
201106055
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�0��06455 <br />D. Procure and maintain policies of all-risk insurance on said improvements, in sums and underwritten <br />by companies acceptable to the BENEFICIARY, in an amount at least equal to the property's full <br />insurable value, which policies shall name the BENEFICIARY as additional insured, with the <br />proceeds payable to the parties as their interests may appear hereunder. TRUSTOR agrees to provide <br />BENEFICIARY with copies of such policies or certificates of insurance during the term of this <br />indebtedness, which policies of insurance may not be cancelled by said carrier without fifteen (15) <br />days written notice to BENEFICIARY. <br />E. In the event the TRUSTOR fails or neglects to pay taaces and procure casualty insurance, all as above <br />set forth, then BENEFICIARY may pay such taxes and procure such insurance, and all sums <br />expended and advanced by BENEFICIARY and TRUSTEE in accordance with the provisions <br />contained herein are secured hereby and, without demand, shall be immediately due and payable by <br />the TRUSTOR and shall bear interest at the rate of twelve percent (12%) per annum unril paid; <br />provided however, that at the oprion of the BENEFICIARY and TRUSTEE, such advancements for <br />payment of taxes and insurance may be added to the principal balance of any indebtedness secwed <br />hereby and shall bear interest at the rate of twelve percent (12%) per annum until paid. <br />TRUSTOR covenants and agrees that a failure to make any payment, either principal or interest, on the Note <br />secured hereby when due and payable, or a failure to comply with any of the covenants and agreements herein made <br />shall cause the whole sum of money hereby secured to become immediately due and collectible at the option of the <br />BENEFICIARY, and BENEFICIARY shall have the right to cause Notice of Default to be given and the premises to be <br />sold as provided herein. <br />The parties mutually agree as follows: <br />A. At any time and from time to time upon written request of BENEFICIARY, payment of fees and <br />presentation of this Deed of Trust and the Note for endorsement (in case of fizll reconveyance, for <br />cancellation and retention), without affecting the liability of any person for the payment of the <br />indebtedness, TRUSTEE may (a) consent to the making of any map or plat of said property; (b) join <br />in granting any easement or creating any restricrion thereon; (c) join in any subordinarion or other <br />agreement affecting this Deed of Trust or the lien or charge thereof; (d) reconvey this Deed of Trust <br />or the lien or charge thereof; (d) reconvey, without warranty, all or any part of said properiy upon <br />request of BENEFICIARY. <br />B. The grantee in any Deed of Reconveyance may be described as"the person or persons entitled <br />thereto", and the recitals therein of any matters or facts shall be conclusive proof of the iruthfulness <br />thereof. Reconveyance shall operate as a reassignment of rents and profits assigned to TRUSTEE. <br />C. Upon default by TRUSTOR in the payment of indebtedness secured hereby or in the performance of <br />any agreement hereunder, BENEFICIARY may accelerate payment and declare all sums secured <br />hereby immediately due and payable by delivery to TRUSTEE of written declaration of default. If <br />BENEFICIARY desires said property to be sold, it shall deposit with TRUSTEE this Deed of Trust <br />and all promissory notes and documents evidencing expenditures secured hereby, and shall deliver to <br />TRUSTEE a written Norice of Default and election to cause said property to be sold in the form <br />required by law, which shall be duly filed for record by TRUSTEE. <br />(1) After the lapse of such time as may be required by law presently 30 days following the <br />recordation of said Notice of Default, Norice of Default and Notice of Sale having been <br />given as required by law, TRUSTEE, without demand on TRUSTOR, shall sell said <br />property on the date and at the time and place designated in said Notice of Sale, at public <br />auction to the highest bidder, the purchase price payable in lawful money of the United <br />States at the time of sale. The person conducting the sale may, for any cause he deems <br />expedient, postpone the sale from time to time until it shall be completed and in every such <br />case, norice of postponement shall be given by public declaration thereof by such person at <br />the time and place last appointed for the sale; provided, if the sale is postponed for longer <br />than one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be <br />given in the same manner as the original Notice of Sale. TRUSTEE shall execute and <br />deliver to the purchaser his Deed conveying said property so sold, but without any covenant <br />or warranty, express or implied. The recitals in the.Deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, including BENEFICIARY, may <br />purchase at the sale. TRUSTOR hereby covenants to warrant and defend the title of the <br />above property to the purchaser at sale. <br />D. When the TRUSTEE sells the trust property pursuant to the powers granted herein, the TRUSTEE <br />shall apply the proceeds from the sale of such properiy in the following order of priority: <br />(1) To the cost and expense of exercising the power of sale and of the sale, including attorney <br />fees, evidence of ritle and other sale expenses, and a trustee's fee not to exceed two percent <br />(2%) of the gross sale price; <br />—1— <br />
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