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Agenda - 12-20-94 - DOTrust
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Agenda - 12-20-94 - DOTrust
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11/9/2016 3:12:09 PM
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BOCC
Date
12/20/1994
Meeting Type
Regular Meeting
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Others
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bargains and conveys to the Trustee, its successors and assigns, <br /> the Land, together with all structures, fixtures and other <br /> improvements now or hereafter located on the Land (collectively, <br /> the "Improvements") ; <br /> TOGETHER with all of the Grantor' s right, title, and interest <br /> in and to any lease or leases now existing or hereafter made for <br /> all or any part of the Land and/or Improvements, together with all <br /> rents, income, profits, revenues, proceeds, and royalties due and <br /> becoming due therefrom (collectively, the "Rents") ; <br /> Unless specifically designated otherwise, the Land, the <br /> Improvements, and the Rents are referred to collectively herein as <br /> the "Property. " <br /> TO HAVE AND TO HOLD the Property, with all the rights, <br /> privileges and appurtenances thereunto belonging or appertaining to <br /> the Trustee, his successors and assigns, upon the trusts and for <br /> the uses and purposes hereinafter set out; provided, however, that <br /> THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST, that if the <br /> Grantor shall pay the sums due under the Contract secured hereby in <br /> accordance with its terms, and shall comply with all the covenants, <br /> terms and conditions of this Deed of Trust and the Contract, then <br /> this conveyance shall be null and void and may be cancelled of <br /> record at the request and at the cost of the Grantor. <br /> All fixtures and items of personal property that comprise a <br /> part of the Property shall, to the extent permitted by law, be <br /> deemed to be affixed to the Land and conveyed therewith and this <br /> Deed of Trust shall be considered to be a security agreement which <br /> creates a security interest in such fixtures and items of personal <br /> property for the benefit of the Beneficiary. In that regard, <br /> Borrower grants to the Beneficiary all of the rights and remedies <br /> of a secured party under the North Carolina Uniform Commercial <br /> Code. <br /> Article I . General Covenants of Grantor. <br /> Grantor covenants and agrees with the Trustee and Beneficiary, <br /> or any successor in title as holder of the Contract secured hereby, <br /> as follows: <br /> 1. 1 The Secured Obligations. This Deed of Trust secures (i) <br /> the payment of any amount due the Beneficiary under the Contract; <br /> (ii) the payment of any and all other amounts which this Deed of <br /> Trust by its terms secures; and (iii) the performance of the <br /> covenants and agreements contained in this Deed of Trust by <br /> Grantor. <br /> It is the intention of the parties hereto that this Deed of <br /> Trust is made and executed to comply with the provisions of <br /> 2 <br />
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