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� ` . <br /> . <br /> �8- 1���34�2 <br /> this Deed of Trust and further that he will keep and maintain the same free from the claim of all <br /> persons supplying labor or materials which will enter into the construction of any and all buildings <br /> . now being erected or to be erected on said premises. <br /> h. He will not rent or assign any part of the rent of said property or demolisli, remove, or substantially <br /> alter any building without the written consent of the Beneficiary. <br /> 9. In the event the Trustor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, <br /> charge,fee,or other expense charged to the property hereinabove described, the Beneficiary is hereby authorized to pay the <br /> same and any sum so paid by the Beneficiary shall be added to and become a part of the principal amount of the <br /> indebtedness evidenced by said promissory note. If the Trustor shall pay and discharge tl�e indebtedness evidenced by said <br /> promissory note, and shall pay such sums and shall discharge all taxes and liens and the costs, fees, and expenses of <br /> making, enforcing and executing this Deed of Trust, then, upon written request of Beneficiary and the surrender of the <br /> Deed of Trust and the note to the Trustee, the Trustee shall, after payment by Trustor of the Trustee's fees, reconvey the <br /> property to the Trustor, or to the person or persons legally entitled thereto. <br /> 10. The Trustor covenants that he is lawfully seized and possessed of and has the right to sell and convey said <br /> property; that the same is free from all encumbrances except liens and encumbrances now of record; and that he hereby <br /> binds himself and his successors in interest to «=arrant and defend the title aforesaid thereto and every part thereof against <br /> the lawful claims of all persons whomsoever. <br /> 11. For better security of the indebtedness hereby secured the Trustor, upon the request of the Beneficiary, its <br /> successors or assigns, shall execute and deliver a supplemental mortgage or mortgages covering any additions, <br /> improvements, or betterments made to the property hereinabove described and all property acquired after the date hereof <br /> (all in form satisfactory to Grantee). Furthennore, should Trustor fail to cure any default in the payment of a prior or <br /> inferior encumbrance on the property described by this instrument,Trustor hereby agrees to permit Beneficiary to cure such <br /> default, but Beneficiary is not obligated to do so; and such advances shall become part of the indebtedness secured by this <br /> instrument, subject to the same terms and conditions. <br /> 12. That all awards of damages in connection with any condemnation for public use of or injury to any of said <br /> property are hereby assigned and shall be paid to Beneficiary, who may apply the same to payment of the installments last <br /> due under said note, and the Beneficiary is hereby authorized, in the name of the Trustor to execute and deliver valid <br /> acquittances thereof and to appeal from any sucl�award. <br /> 13. The irrevocable right to appoint a substitute Trustee or Trustees is hereby expressly granted to the <br /> Beneficiary, his successors or assigns, to be eaercised at any time hereafter without specifying any reason tlierefor, by filing <br /> for record in the office where this instrument is recorded a substitution of Trustee. Prior to recording tlie substitution of <br /> Trustee, a copy of the instrument of the substitution of the successor Trustee shall be mailed to the Trustor and all persons <br /> who have requested notice of default and notice of sale by filing such reyuest with the office of register of deeds �vhere this <br /> Deed of Trust is recorded. <br /> 14. If more ihan one person joins in lhe e�ecution of this instrument as Trustor, or if anyone so joined be of the <br /> feminine sex,the pronouns and relative words used herein shall be read as if written in the plural or feminine, respectively, <br /> and the term "Beneficiary" shall include any payee of the indeb[edness hereby secured or any assignee or transferee thereof <br /> whether by operation of law or otherwise. The covenants herein contained shall bind and the riglits herein granted or <br /> conveyed shall inure to the respective heirs, eaecutors, administrators successors, and assigns of the pariies hereto. <br /> 15. In compliance with Section 101.1(d) of the Rules and Regulations of the Small Business Administration <br /> (13 C.F.R. 101.1(d)),this instrument is to be construed and enforced in accordance with applicable Federal Law. <br /> 16. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or <br /> unenforceable shall not in any way impair or preclude tlie enforcement of the remaining provisions or portions of this <br /> instrument. <br /> 17. The sale of the real estate which is the subject of this Deed of Trust without the prior written consent of the <br /> Beneficiary is agreed to be a material default by the Trustor, and the Beneficiary shall have the option to declare the whole <br /> indebtedness secured thereby to be due and owing and the power of sale conferred upon the Trustee may be e�ercised <br /> pursuant to this document and applicable statutes. <br /> IN WITNESS WHEREOF,Trustor has executed this instnunent and the Trustee and Beneficiary are deemed to have <br />