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<br />3. Taxes and Assessments. To pay, when due, all taxes, special assessments and all
<br />other charges against the Property, before the same become delinquent, and, in the event
<br />Beneficiary shall so require, to add to the payments required under the Note secured hereby, such
<br />amount as may be sufficient to enable Beneficiary to pay such taxes, assessments or other charges
<br />as they become due.
<br />4. Repair, Maintenance, and Use. To not commit waste on or damage to the Property
<br />and to use due care to prevent others from so doing; to keep the Property in good condition and
<br />repair; to keep the Property free from mechanics or other liens not expressly subordinated to the
<br />lien hereof; to not make, suffer or permit any nuisance to exist nor to diminish or impair the value
<br />of the Property by any act or omission to act; and to comply with all requirements of law with
<br />respect to the Property.
<br />5. Insurance. At all times during the term hereof to keep the Property insured against
<br />damage by fire, hazards included within the term "extended coverage", and such other hazards as
<br />Beneficiary may require, in an amount of not less than the replacement value thereof and with
<br />companies acceptable to Beneficiary, including a standard mortgagee clause with loss payable to
<br />the Beneficiary and containing an additional provision that the policy cannot be canceled without
<br />prior written notice to the Beneficiary. In case of loss under such policies, the Beneficiary is
<br />authorized to adjust, collect and compromise all claims thereunder and shall have the option of
<br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such
<br />order as Beneficiary may determine, (ii) to the Trustor to be used for the repair or restoration of
<br />the Property, or (iii) for any other purpose or object satisfactory to Beneficiary without affecting
<br />the lien of this Deed of Trust for the full amount secured hereby before such payment ever took
<br />place. Any application of proceeds to indebtedness shall not extend or postpone the due date of
<br />any payments under the Note, or cure any default thereunder or hereunder.
<br />6. Condemnation. In the event the Property, or any part thereof, shall be taken by
<br />eminent domain, Beneficiary is entitled to collect and receive all compensation which may be paid
<br />for any Property taken or for damages to Property not taken, and Beneficiary shall apply such
<br />compensation, at its option, either to a reduction of the indebtedness secured hereby or to repair
<br />and restore the Property so taken.
<br />7. Performance by Beneficiary. Beneficiary may, but shall have no obligation to, do
<br />any act which Trustor has agreed but failed to do, and Beneficiary may also do any act it deems
<br />necessary to protect the lien hereof. Trustor agrees to repay, upon demand, any sums so expended
<br />by Beneficiary for the above purposes, and any sum so expended by Beneficiary shall be added to
<br />the indebtedness secured hereby and become secured by the lien hereof. Beneficiary shall not
<br />incur any personal liability because of anything it may do or omit to do hereunder.
<br />8. Assignment of Rents. Beneficiary shall 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
<br />any personal property located thereon with or without taking possession of the Property affected
<br />hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits
<br />to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of
<br />such rents, issues and profits as they accrue and become payable, so long as Trustor is not, at such
<br />time, in default with respect to payment of any indebtedness secured hereby, or in the performance
<br />of any agreement hereunder. If any event of default described hereafter in respect to this Deed of
<br />Trust shall have occurred and be continuing, Beneficiary, as a matter of right and without notice
<br />to Trustor or anyone claiming under Trustor, and without regard to the value of the trust estate or
<br />the interest of the Trustor therein, shall have the right to apply to any court having jurisdiction to
<br />appoint a receiver of the Property.
<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all
<br />applicable laws, ordinances and regulations relating to industrial hygiene or environmental
<br />protection (collectively referred to herein as "Environmental Laws"). Trustor shall keep the
<br />Property free from all substances deemed to be hazardous or toxic under any Environmental Laws
<br />(collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and represents
<br />to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees
<br />to indemnify and hold harmless Lender and its directors, officers, employees, and agents, and any
<br />successors to Lender's interest, from and against any and all claims, damages, losses, and liabilities
<br />arising in connection with the presence, use, disposal, or transport of any Hazardous Materials on,
<br />under, from, or about the Property. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE
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