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200007270
<br />promissory note, hereinafter called the "Note ", bearing even date herewith made payable to the order of Beneficiary, executed by Francisco
<br />Quijana and Adalicia Quijana, and providing for the payment of said indebtedness in installments, subject to acceleration of maturity on
<br />default in the payment of any installment of principal or interest or in the performance of any covenant, agreement or warranty contained
<br />in this Deed of Trust;
<br />(b) The performance of each agreement, covenant and warranty of Trustor herein contained or set forth in the Note or any agreement
<br />or instrument executed by Trustor in connection with the indebtedness hereby secured; and
<br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of the
<br />Deed of Trust.
<br />NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor does for Trustor and for Trustor's heirs,
<br />representatives, vendees, successors and assigns, the owners of said Property, hereby expressly covenant, agree and warrant to and with
<br />the Trustee and Beneficiary, and their successors, vendees and assigns:
<br />FIRST: That the Trustor hereby covenants and agrees, to the extent permitted by law, as follows: (a) to pay promptly when due the
<br />principal and interest and other sums of money provided for in the Note and in this Deed of Trust; (b) to promptly pay before delinquency
<br />all taxes, assessments and other charges imposed by law upon the Property, the Trustor's interest therein, or upon this Deed of Trust or
<br />the Note; provided, however, that in the event of any change of the law providing for the taxation of deeds of trust or debts thereby secured
<br />so as to affect this Deed of Trust, the entire indebtedness secured hereby shall, at the option of the Beneficiary, become due and payable;
<br />(c) to keep the above - described Property and the improvements thereon in good condition and repair and not to commit or suffer waste
<br />thereof, and except as authorized in any schedule annexed hereto and forming a part hereof, neither to remove nor permit the removal of
<br />any timber, buildings, oil, gas, minerals, stone, rock, clay, fertilizer, gravel or top soil without the prior written consent of Beneficiary;
<br />(d) to maintain and deliver to Beneficiary policies of insurance against such hazards on the buildings and improvements now or hereafter
<br />located on or constituting a part of the Property as the Beneficiary shall require, in an amount not less than the total outstanding
<br />indebtedness herein and with such loss payable clauses as shall be satisfactory to the Beneficiary; that in the event of loss, Beneficiary
<br />is expressly authorized to settle or compromise claims under said policies and the proceeds thereof shall be paid to the Beneficiary who
<br />may apply the same or any part thereof on the indebtedness secured hereby or toward the reconstruction or repair of said buildings and
<br />improvements or release same to the Trustor; (e) to pay any lien, claim or charge against the Property which might take precedence over
<br />the lien hereof, (f) to pay on demand all legal expenses, title searches, appraisal or attorneys' fees reasonably incurred or paid by
<br />Beneficiary to collect the Note or foreclose or protect the lien of this Deed of Trust; (g) that in the event Trustor shall fail to comply with
<br />the provisions of (a) through (f) above, the Beneficiary may expend such funds and take such action as is necessary to remedy such failure
<br />and all sums paid by the Beneficiary pursuant hereto with interest at the rate hereinafter provided shall constitute a lien upon the Property,
<br />shall be secured by this Deed of Trust, and shall be immediately due and repayable to the Beneficiary; (h) not to sell the Property or any
<br />portion thereof without the approval of the Beneficiary in writing; and in the event of any sale herein prohibited, then the entire
<br />indebtedness secured by this Deed of Trust shall, at the option of the Beneficiary, become due and payable; and in the event of any sale
<br />herein prohibited, then the entire indebtedness secured by this Deed of Trust shall, at the option of the Beneficiary, become due and
<br />payable; (i) that if the Property or any part or parcel thereof shall be taken or damaged under the power of eminent domain, the award
<br />for any Property so taken or damaged (including severance damages to the remaining premises) shall be paid to the Beneficiary and applied
<br />in full or in part at the option of the Beneficiary in reduction of the indebtedness hereby secured; 0) that the Beneficiary shall have the
<br />right to inspect the Property at such reasonable times as the Beneficiary may desire to determine Trustor's compliance with the covenants
<br />contained in this Deed of Trust; (k) that the Beneficiary may release from the lien hereof any part or parcel of the Property without
<br />requiring any consideration therefor, and (1) that Trustor is lawfully seized of said premises and Property in fee simple, that the same are
<br />free from all liens and encumbrances except as may otherwise be specifically noted herein or waived in writing by the Beneficiary; that
<br />Trustor will execute or procure any further necessary assurances of title and does hereby warrant generally the title to said Property and
<br />will forever defend the same against the claims and demands of all persons whomsoever, and that Trustor's separate estate, whether vested,
<br />contingent or in expectancy, is hereby conveyed and Trustor does hereby expressly waive, release all rights and benefits of any homestead,
<br />dower, curtesy, appraisement, exemption and stay laws of this state. It is agreed that the interest provided for in subsection (g) above shall
<br />be at the same rate as specified in the Note secured hereby on the principal thereof after default and maturity.
<br />SECOND: In the event Trustor, without the prior written consent of Beneficiary, shall sell, transfer or convey or contract to sell, transfer
<br />or convey the Property, or any part thereof or any interest therein, the entire balance of the indebtedness hereby secured shall become and
<br />be immediately due and payable at the option of Beneficiary; provided, however, Beneficiary may waive such option to accelerate if, prior
<br />to such sale, transfer or conveyance or contract therefor, Beneficiary and the person to whom the property is to be sold or transferred reach
<br />an agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by
<br />this Deed of Trust shall be at such rate as Beneficiary shall request.
<br />THIRD: That as further security for the payment of the Note and the indebtedness thereby evidenced and the performance of all of the
<br />terms, covenants and conditions hereof, Trustor agrees that Beneficiary shall and does hereby have the right, power and authority during
<br />the continuance of this Deed of Trust to collect the rents, issues and profits of the Property and of any personal property located thereon
<br />with or without taking possession of the property affected thereby; and Trustor hereby absolutely and unconditionally assigns all such
<br />rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues
<br />and profits as they accrue and become payable so long as trustor is not at such time in default with respect to payment of any indebtedness
<br />secured hereby or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person,
<br />by agent, or by receiver to be appointed by a court without notice and without regard to the adequacy of any security for the indebtedness
<br />hereby secured (a) enter upon and take possession of the Property or any part thereof and in its own name sue for or otherwise collect such
<br />rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection,
<br />including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine; (b) lease
<br />the same or any part thereof for such rental, term and upon such conditions as Beneficiary's judgment may dictate or terminate or adjust
<br />the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of
<br />rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the installment payments as
<br />provided in the Note or change the amount of such installments. The entering upon and taking possession of the Property, the collection
<br />of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder,
<br />or invalidate any act done pursuant to such notice. Trustor assigns to Beneficiary, as further security for the performance of the
<br />indebtedness and obligations secured hereby, all prepaid rents and all moneys which may have been or may hereafter be deposited with
<br />Trustor by any lessee of the Property, to secure the payment of any rent or damages, and upon default in the performance of any of the
<br />provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise
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