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RecDoc 2010-110433
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RecDoc 2010-110433
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Last modified
10/7/2010 10:43:19 AM
Creation date
10/7/2010 10:42:49 AM
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Recorded Docs
Recorded Docs - Type
Deed
Subject
Deed of Trust with assignment of Rents (Long Form)
Doc Num
2010-110433
Rec Date
9/24/2010
APN
058-214-320
MO Ref
10-153
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2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss <br />payable to Beneficiary. The amount collected under any fire or other insurance policy <br />may be applied by Beneficiary upon indebtedness secured hereby and in such order as <br />' Beneficiary may determine, or at option of Beneficiary the entire amount so collected or <br />any part thereof may be released to Trustor. Such application or release shall not cure or <br />waive any default or notice of default hereunder or invalidate any act done pursuant to <br />such notice. <br />3) To appear in and defend any action or proceeding purporting to affect the security hereof <br />or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, <br />including cost of evidence of title and attorney's fees in a reasonable sum, in any such <br />action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought <br />by Beneficiary to foreclose this Deed. <br />4) To pay, at least ten days before delinquency all taxes and assessments affecting said <br />property, including assessments on appurtenant water stock; when due, all <br />encumbrances, charges and liens, with interest, on said property or any part thereof, <br />which appear to be prior or superior hereto; all cost, fees and expenses of this Trust <br />Should Trustor fail to make any payment or to do any act as herein provided, then <br />Beneficiary or Trustee, but without obligation so to do and without notice to or demand <br />upon Trustor and without releasing Trustor from any obligation hereof, may; make or do <br />the same in such manner and to such extent as either may deem necessary to protect <br />the security hereof, Beneficiary or Trustee being authorized to enter upon said property <br />for such purposes; appear in and defend any action purporting to affect the security <br />hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or <br />compromise any encumbrance, charge or lien which in the judgment of either appears to <br />be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, <br />employ counsel and pay his reasonable fees. <br />5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, <br />with interest from date of expenditure at the amount allowed by law in effect at the date <br />hereof, and to pay for any statement provided for by law in effect at the date hereof <br />regarding the obligation secured hereby any amount demanded by the Beneficiary not to <br />exceed the maximum allowed by law at the time when said statement is demanded. <br />B. It is mutually agreed: <br />1) That any award in connection with any condemnation for public use of or injury to said <br />property or any part thereof is hereby assigned and shall be paid to Beneficiary who may <br />apply or release such moneys received by him in the same manner and with the same <br />effect as above provided for disposition of proceeds of fire or other insurance. <br />2) That by accepting payment of any sum secured hereby after its due date, Beneficiary <br />does not waive his right either to require payment when due of all other sums so secured <br />or to declare default for failure so to pay. <br />3) That at any time or from time to time, without liability therefore and without notice, upon <br />written request of Beneficiary and presentation of this Deed and said note for <br />endorsement, and without affecting the personal liability of any person for payment of <br />the indebtedness secured hereby, Trustee may: reconvey any part of said property; <br />consent to the making of any map or plat thereof; join in granting any easements <br />thereon, or join in any extension agreement or any agreement subordinating the lien or <br />charge hereof. <br />(Continued on Page 2) <br />1193(1/94) <br />Page 1 of 3 <br />
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