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200608132 may hereafter acquire in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance damages. The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate". For the Purpose of Securing: A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary; and B, Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of sixteen percent (16%) per annum. The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness," This Second Deed of Trust, any promissory note of Trustor in favor of Beneficiary and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments", Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust"), and (iii) Trustor will defend the Trust Estate against the lawful claims of any person. To Protect the Security of this Second Deed of Trust: 1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and all other sums as provided in the Loan Instruments. 2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter levied against the Trust Estate or any part thereof, before delinquency, without notice or demand. 3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the Improvements constituting part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements of the First Deed of Trust or mortgage shall be sufficient to satisfy the requirements of this paragraph 3 relating to insurance. Trustor shall promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate or any part thereof. 4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and NIFA FORM H HBA SECOND DEED OF TRUST (10/05) NIFA MRB/Form H PAGE20F 7