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<br />successors and assigns, against all and every person or persons lawfully claiming or,to claim the whole or any part thereof, the
<br />GRANTOR shall and will Warrant and Forever Defend. .. . .
<br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the Property; any
<br />and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and will keep the Property
<br />insured in accordance with the reqnirements of the Contract Should the GRANTOR fail to insure the Property in accordance with the
<br />Contract or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the
<br />beneficiary may make any such payments or procure any such insnrance, and all monies so paid with interest thereOl; at the rate of ten
<br />percent (10%) per annum shall be added to and become a part of the indebtedness secured by this Deed of Trust and'l}lay be paid out
<br />of the proceeds of the sale of the Property if not paid by the GRANTOR. In addition, and at its option, the beneficiary may declare the
<br />indebtedness secured hereby and this Deed of Trust to be in default for failure to procure insurance or make any further payments
<br />required by this paragraph. In the event of the sale or transfer of the Property by the GRANTOR, the beneficiary, at its option, may
<br />declare the entire balance of the note immediately due and payable: .
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<br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the
<br />State as holder of the note, or the holderofa certificate ofpnrchase, shall at once become entitled to the possession, use and enjoyment
<br />of the Property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of
<br />foreclosure proceedings and the period of redemption, if any there be, and such possession shall at once be delivered to the PUBLIC
<br />TRUSTEE, the State as bolder of the note, or the holder of said certificate of purchase on request and on refusal, the delivery of the
<br />Property may be enforced by the PUBLIC TRUSTEE, the mate as holder of the i1ot~, vf thE: holder of said celtificate of purchase by an
<br />appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall
<br />be entitled to a Receiver for said Property, and of the rents, issues and profits thereof, after such default, including the time covered by
<br />foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard
<br />to the solvency or insolvency of the GRANTOR or of the then owner of said Property and without regard to the value thereof, and such
<br />Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice - notice being hereby
<br />expressly waived - and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of
<br />the indebtedness hereby secured, according to the law and the orders and directions of the court.
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<br />And, that in case of default in any of said payments of principal or interest, according to the tenor and effect of said promissory
<br />note or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and in the Contract, by the
<br />GRANTOR, its personal representatives ~r assigns, then and in that case the whole of said principal sum hereby secured, and the interest
<br />thereon to the time ofthe sale, may at once, at the option of the legal holder thereof, become due and payable, and the said Property be
<br />sold in the manner and with the .same effect as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC
<br />TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by
<br />the PUBLIC TRUSTEE as a part ofthe cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall
<br />be taxed by the court as a part of the cost of such foreclosure proceedings.
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<br />l[t is fUlrthelr und<e:Jrstood. and agn~ed,that if a release or a partial release of this Deed of Trust is required, the
<br />..GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and agreements contained herein and in the
<br />Contract shall extend to and be binding upon the heirs or assigns of the respective parties hereto; and that the singular number shall
<br />include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
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<br />GRANTOR: Aristocrat Ra'\1hette Water Project, Inc.
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<br />BC~;jf c~. -
<br />athy L. Clamp, Pr . .. ~.........
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<br />The foregoing instrument was acknowledged before me this r!)3r'&{jlaYOf Aril 1997, by Cathy L~. Cia . Witness my hand and
<br />official seal. t? ~ '/i ~
<br />'-'f..I.-CJl ~ u-~
<br />N tary P bli
<br />My commission expires: "1- / ~ -,..:;{ Dr:) !
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<br />2547770 B-1605 P-650 05/13/1997 11:00A PG 2
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<br />OF 2
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