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200407501 <br />(b) Payment of all sums advanced by Beneficiary to protect the Trust Estate, with <br />interest thereon at the rate of ten percent (10 %) per annum. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further <br />secure the payment and performance of any obligation secured hereby are referred to collectively as <br />the "Loan Instruments." <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. Payment of Indebtedness: Covenant of Title. <br />(a) Trustor shall pay when due the principal of, and the interest on, the indebtedness <br />evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />(b) Trustor hereby covenants with Beneficiary that Trustor is lawfully seized of the <br />Property hereby conveyed, that Trustor warrants and will defend the title to the Property <br />against the lawful claims of all persons whomsoever, and that Trustor has the right to grant and <br />convey the Property. Trustor further covenants to comply with all the terms and provisions <br />of any prior mortgage, trust deed or contract to purchase, upon the Property and to make all <br />payments thereon before they become delinquent. <br />2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, <br />now or hereafter levied against the Trust Estate or any part thereof, before delinquency, without notice <br />or demand, and shall provide Beneficiary with evidence of the payment of same. Trustor shall pay <br />all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed <br />of Trust or the debt secured hereby without regard to any law that may be enacted offering payment <br />of the whole or any part thereof upon the Beneficiary. Trustor shall give written notice to Beneficiary <br />prior to the delinquency date that all such taxes have been paid in full. In the event that Trustor <br />defaults in making any such payment prior to delinquency, Beneficiary shall have the option to require <br />Beneficiary to escrow taxes in advance in 12 equal monthly installments. <br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance <br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less <br />than the amount of the unpaid principal balance of the Note (co- insurance not exceeding 80% <br />permitted). Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary <br />and assignees of Beneficiary, if any, and shall not be cancelable, terminable or modifiable without ten <br />(10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the <br />Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not <br />deteriorate. In no event shall the Trustor conduct waste on or to the Trust Estate. <br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding <br />purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee and shall pay <br />all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or <br />proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or <br />to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or <br />Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon <br />