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CT2015-134 DOT Signed
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CT2015-134 DOT Signed
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Last modified
1/23/2015 3:21:12 PM
Creation date
1/16/2015 11:54:42 AM
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Loan Projects
Contract/PO #
CT2015-134
C150400
Contractor Name
Prairie Ditch Company
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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Instrument Book Pose <br /> 2015.00422928 OR 573 221 <br /> The GRANTOR covenants that at the time of the delivery of these presents, it is well seized <br /> of the COLLATERAL in fee simple, and has full power and lawful authority to grant, bargain, sell and <br /> convey the same in the manner and form as aforesaid. The GRANTOR fully waives and releases <br /> all rights and claims it may have in or to said COLLATERAL as a Homestead Exemption or other <br /> exemption, now or hereafter provided by law. The GRANTOR further covenants that the collateral <br /> is free and clear of all liens and encumbrances whatever and that the GRANTOR shall warrant and <br /> forever defend the COLLATERAL in the quiet and peaceable possession of the PUBLIC TRUSTEE, its <br /> successors and assigns, against all and every person or persons lawfully claiming or to claim the <br /> whole or any part thereof. <br /> Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and <br /> assessments levied on the COLLATERAL; any and all amounts due on account of the principal and <br /> interest or other sums on any senior encumbrances, if any; and will keep the COLLATERAL insured <br /> in accordance with the requirements of the LOAN CONTRACT. In the event of the sale or transfer of <br /> the COLLATERAL, the BENEFICIARY, at its option, may declare the entire balance of the note <br /> immediately due and payable. <br /> In case of default in any of said payments of the principal or interest, according to the <br /> terms of said Promissory Note or LOAN CONTRACT, by the GRANTOR, its successors or assigns, <br /> then said principal sum hereby secured, and interest thereon, may at once, at the option of the <br /> BENEFICIARY, become due and payable, and the said COLLATERAL be sold in the manner and with <br /> the same effect as if said indebtedness had matured, and that if foreclosure be made by the <br /> PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said <br /> foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of <br /> foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be <br /> taxed by the court as a part of the cost of such foreclosure proceedings. <br /> It is further understood and agreed, that if a release or a partial release of this Deed of <br /> Trust is required, the GRANTOR, its successors or assigns will pay the expense thereof;that all the <br /> covenants and agreements contained herein and in the Promissory Note and LOAN CONTRACT <br /> shall extend to and be binding upon the successors or assigns of the respective parties hereto; <br /> and that the singular number shall include the plural,the plural the singular, and the use of any <br /> gender shall be applicable to all genders. <br /> Appendix 5 <br /> Page 2 of 3 <br />
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