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Doc tt: 2410-082462
<br /> Tue Jun 22 1%'.31'13 Pat 24110
<br /> Page: ] of 4 Fee: $25.00
<br /> RECORDING PWQUESTED BY Kenneth N Blake e
<br /> Recorders r
<br /> San JoaquSHQ4UN t ON 90CUM{ENT
<br /> .Harry Pascuzzl paid BY:
<br /> AND WHEN RECORDED MAIL THIS TO.
<br /> Harry Pascuzzi
<br /> Pascuzzi,Moore and Stoker
<br /> 2377 W.Shaw Ave.,Ste.201
<br /> Fresno,CA 93711
<br /> APN:005-010-16
<br /> DEED OF TRUST
<br /> (Acceleration Clause)
<br /> This DEED OF TRUST,made this 1 day of April 2010,between Richard L.Evans and Kimberly D.
<br /> Evans,husband and wife,herein called TRUSTOR,Fidelity National Title Insurance Company,herein called
<br /> TRUSTEE,and The Law Office of Harry Pascuzzi,dba Pascuzzi,Moore and Stoker,a California corporation,
<br /> located at 2377 W.Shaw Avenue,Suite 201,Fresno,California herein called BENEFICIARY,Witnesseth_
<br /> That Trustor IRREVOCABLY GRANTS,TRANSFERS,AND ASSIGNS to TRUSTEE IN TRUST,
<br /> WITH POWER OF SALE,that property in San Joaquin County, California described on exhibit "A",
<br /> attached hereto and made a part hereof.
<br /> "If the trustor shall convey or alienate said property or any part thereof or any interest therein or shall be
<br /> divested of his title in any manner or way,whether voluntary or involuntary any indebtedness or obligation
<br /> secured hereby,irrespective of the maturity date expressed in any note evidencing the same,at the option ofthe
<br /> holder hereof and without demand or notice shall become due and payable immediately
<br /> TOGETHER WITH the rents, issues and profits thereof, SUBJECT,HOWEVER,of the right,power and
<br /> authority given to and conferred upon Beneficiary by paragraph(10)ofthe provisions incorporated herein by
<br /> reference to collect and apply such rents,issue and profits.
<br /> FOR THE PURPOSE OF SECURING:1.Performance of each agreement of Trustor incorporated by reference
<br /> or contained herein. 2_ Payment of the indebtedness evidenced by one retainer agreement for legal services
<br /> herewith,and any extension or renewal thereof,in the maximum principal sutra of$500,000.00,executed by
<br /> Elon,Inc.,Mick Evans,Hole-in-One Golf and/or Elon GolfConstruction,Inc.in favor ofBenefciary or order.
<br /> 3. Payment of such further sums as the then record owner of said property hereafter may borrow from
<br /> Beneficiary,when evidenced by another note(or notes)reciting it is so secured.
<br /> To Protect the Security of This Deed of Tryst,Trustor Agrees:
<br /> (1) To keep said property in good condition and repair; not to remove or demolish any building
<br /> thereon;to complete or restore promptly and in good and workmanlike manner any building which may be
<br /> constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials
<br /> furnished therefor,to comply with all laws affecting said property or requiring any alterations or improvements
<br /> to be made thereon;not to commit or permit waste thereof;not to commit,suffer or permit any act upon said
<br /> property in violations of law;to cultivate,irrigate,fertilize,fumigate,prune and do all other acts which form
<br /> the character or use of said property may be reasonably necessary, the specific enumerations herein not
<br /> excluding the general.
<br /> (2)To provide,maintain and deliver to Beneficiary fire insurance satisfactoryto and with loss payable
<br /> to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary
<br /> upon indebtedness secured hereby and in such order as Beneficiary may determine,or at option of Beneficiary
<br /> the entire amount so collected or any part thereof maybe released to Trustor. Such application or release shall
<br /> not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br /> (3)To appear in and defend any action or proceeding purporting to affect the security hereof of the
<br /> rights or powers of Beneficiary or Trustee;and to pay all costs and expenses including cost of evidence oftitle
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<br /> order: Non-order Search Doc:CASANJ:2010 00082462 Page 1 of 4 Created By:tullyb Printed: 5/31/2012 3:53:27 PM PST
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