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2011U920ti <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 to or for 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), credit agreement(s), or other instrument(s) modifying <br />the same. <br />Date of Note(s) or Credit Aqreement(s) Principal Amount <br />10/17/2011 $1, 000, 000.00 <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one <br />time will not exceed the sum of ONE MILLION, ($1.000.000), exclusive of interest and protective <br />advances authorized herein or in the loan agreement(s); provided further, that THIS PARAGRAPH <br />SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN <br />ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS <br />ABOVE HAS BEEN ADVANCED. <br />This Trust Deed will be due November 1. 2031. <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 property. <br />Trustor(s) and each of them further covenants and agrees with, or certifies to, Beneficiary as <br />follows: <br />1. To pay all liens, judgments, or other assessments 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 />2. 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 Beneficiary. Any sums so received by Beneficiary may be <br />used to pay for reconstruction 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 property, and will at a minimum, cover losses <br />caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, <br />windstorm, and hail. Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as <br />required by Beneficiary and by the National Flood Insurance Act of 1968, as amended, and by <br />regulations implementing the same. Trustor(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 property 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. Bene�ciary may enter upon the <br />property to inspect the same or to pertorm 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, or improvements as <br />provided herein or in the loan agreement(s), Beneficiary, at its option, may make such payments or <br />provide insurance, maintenance, or repairs and any amounts paid therefor 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 payment until paid. The <br />advancement by Beneficiary of any such amounts will in no manner limit the right of Beneficiary to <br />declare Trustor(s) in default or exercise any of Beneficiary's other rights and remedies. <br />5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust <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 paid. <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 to collect and apply the same in payment <br />of any indebtedness, mature or unmatured, secured by this Trust Deed. <br />7. In the event of default in the payment when due of any sums secured hereby (principal, interest, <br />advancements, or protective advances), or failure to perform or observe any covenants and conditions <br />App #: 5112512; CIF #: 106000; Note #: 101 202EA Legal Doc. Date: December 6, 2011 <br />FORM 5011, Trust Deed and Assignment of Rents Page 3 <br />