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<br /> 2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and :
<br /> warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the :
<br /> Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
<br /> 3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges against
<br /> the Property now or hereafter levied. :
<br /> 4. Insurance. To keep the Property insured against damage by fire hazards included with the term
<br /> "extended coverage" and such other hazazds as Lender may require in amounts and with companies acceptable to :
<br /> Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such
<br /> policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option of
<br /> applying a11 or part of the insurance proceeds(i)to any indebtedness secured hereby and in such order as Lender may :
<br /> deternvne,(ii)to the Trustor to be used for the repair or restoration of the Property, or(iii)for any other purpose or :
<br /> object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before
<br /> such payment ever took place. Any application of proceeds to indebtedness sha11 not extend or postpone the due date
<br /> of any payments under the Note, or cure any default thereunder or hereunder.
<br /> 5. Escrow. Upon written demand by Lender, Trustor sha11 pay to Lender, in such manner as Lender may
<br /> designate, sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes,
<br /> assessments and other charges against the Property: (u)the premiums on the property insurance required hereunder, :
<br /> and(iii)the premiums on any mortgage insurance required by Lender. :
<br /> 6. Maintenance,Re�airs and Compliance with Laws. Trustor shall keep the Property in good condition and :
<br /> repair; shall promptly repair, or replace, any improvement which may be damaged or destroyed; shall not commit or :
<br /> permit any waste or deterioration of the Property; shall not remove, demolish or substantially alter any of the :
<br /> improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in :
<br /> violation of any law, ordinance or regulation; and shall promptly discharge at Trustor's cost and expense all liens,
<br /> encumbrances and charges levied, imposed or assessed against the Property or any part thereof. :
<br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or :
<br /> relief(hereinafter"Proceeds")in connection with condemnation or other taking of the Property or part thereof, or for :
<br /> conveyance in lieu of condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in :
<br /> its own name any action or proceedings, and shall also be entitled to make any compromise or settlement in :
<br /> connection with such taking or damage. In the event any portion of the Property is so taken or damaged, Lender :
<br /> shall have the option,it its sole and absolute discretion,to apply a11 such Proceeds, after deducting therefrom a11 costs :
<br /> and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such :
<br /> order as Lender may determine, or to apply a11 such Proceeds, after such deductions, to the restoration of the
<br /> Property upon such conditions as Lender may deternune. Any application of Proceeds to indebtedness shall not
<br /> extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any
<br /> unapplied funds shall be paid to Trustor.
<br /> 8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or :
<br /> legal proceeding commenced, which materially affects Lender's interest in the Properiy, Lender may in its own :
<br /> discretion, but without obligation to do so, and without notice to or demand upon Trustor and without releasing :
<br /> Trustor from any obligation, do any act which Trustor has agreed but fails to do and may also do any other act it :
<br /> deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to :
<br /> Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of :
<br /> the foregoing rights, together with interest thereon at the default rate provided in the Note, which sha11 be added to :
<br /> the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do
<br /> hereunder.
<br /> 9. Hazardous Materials. Trustor shall keep the Property in compliance with a11 applicable laws, ordinances :
<br /> and regulations relating to industrial hygiene or environmental protection (collectively referred to herein as :
<br /> "Environmental Laws"). Trustor shall keep the Property free from a11 substances deemed to be hazardous or toxic
<br /> under any Environmental Laws (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants :
<br /> and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to :
<br /> indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's :
<br /> interest, from and against any and a11 claims, damages, losses and liabilities arising in connection with the presence, :
<br /> use disposal or transport of any Hazardous Materials on, under, from or about the Property. TI-� FOREGOING :
<br /> WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE
<br /> FOREGOING INDEIVINITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br /> 10. Assi�,nment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property, :
<br /> provided that Trustor sha11,until the occurrence of an Event of Default hereunder,have the right to collect and retain :
<br /> such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of Default, Lender :
<br /> may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a :
<br /> court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part :
<br /> thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to :
<br /> preserve the value, marketability or rentability of the Property, or any part thereof, or interest therein, increase the :
<br /> income therefrom, or protect the security thereof, and, with or without taking possession of the Property, sue for, or
<br /> otherwise collect, the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less :
<br /> costs and expenses of operation and collection including attorney's fees,upon any indebtedness secured hereby, a11 in
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