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<br />200607523 <br /> <br />secure the payment and performance of any obligation secured hereby are referred to <br />collectively as the "Loan Instruments". <br /> <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br /> <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as <br />provided in the Loan Instruments. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of <br />every kind, now or hereafter levied against the trust estate or any part thereof as follows: <br />Trustor shall directly pay such taxes, without notice or demand as each installment comes due <br />and shall provide the beneficiary with evidence of the payment of the same. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage <br />insurance insuring the improvements and buildings constituting part of the Trust Estate for an <br />amount no less than the amount of the unpaid principal balance of the Note (co-insurance not <br />exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in <br />favor of Beneficiary and shall not be cancelable, terminable or modifiable without ten (10) days <br />prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust <br />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 commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action <br />or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or <br />Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's <br />fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should <br />Trustor fail to make any payment or to do any act as and in the manner provided in any of the <br />Loan Instruments, BenefiCiary and/or Trustee, each in its own discretion, without obligations so <br />to do and without notice to or demand upon Trustor and without releasing Trustor from any <br />obligation, may make or do the same in such manner and to such extent as either may deem <br />necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by <br />BenefiCiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise <br />by Beneficiary of the foregoing rights, including without limitation costs of evidence to title, <br />court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not aid <br />within ten (10) days of written demand shall draw interest at the default rate provided in the <br />Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, <br />be taken or damaged by reason of any public improvement or condemnation proceeding, or in <br />any other manner including deed in lieu of Condemnation ("Condemnation"), or should Trustor <br />receive any notice or other information regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. BenefiCiary shall also be entitled to make any compromise <br />or settlement in connection with such taking or damage. All such compensation, awards, rights <br />of action and proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary <br />and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary and <br />Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee <br />may require. <br />6. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, <br />prior to reconveyance of the Property to Trustor may make future advances to Trustor. Such <br />future advances, with interest thereon, shall be secured by this Deed of Trust when evidenced <br />by promissory notes stating that said notes are secured hereby. <br /> <br />2 <br />