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<br />200700601 <br />future advances and readvances to Trustors hereunder pursuant to one ore more promissory notes or credit <br />agreements (herein called "Note"); <br />b. the payment of other sums advanced by Beneficiary to protect the security of the Note; <br />c. the performance of all covenants and agreements of Trustor set forth herein; and <br />d. all present and future indebtedness and obligations of Trustors to Beneficiary whether direct, indi- <br />rect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise; <br /> <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTORS HEREBY COVENANT AND AGREE: <br /> <br />1. To pay when due, the principal of, and the interest on, the indebtedness evidenced by the note, charges, fees and all other <br />sums as provided in the loan instruments. <br />2. Trustors are the owners of the property and have the right and authority to execute this Deed of Trust in respect to the <br />property. <br />3. To pay, when due, all taxes, special assessments and all other charges against the property, before the same become de- <br />linquent. Trustors shall pay 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 imposing payment of the whole or any part <br />thereof upon the Beneficiary. <br />4. To keep the improvements now or hereafter located on the property insured against damage by fire and such other haz- <br />ards as the Beneficiary may require, in amounts and companies acceptable to the Beneficiary, Such insurance policy shall con- <br />tain a standard mortgage clause in favor of Beneficiary. Trustor shall promptly repair, maintain and replace the property or any <br />part thereof, so that, except for ordinary wear and tear, the property shall not deteriorate. <br />5. In the event the property, or any part thereof, shall be taken by eminent domain, the Beneficiary is entitled to collect and <br />receive all compensation which may be paid for any property taken or for damages to property not taken, and the Beneficiary <br />shall apply such compensation, at its option, either to a reduction of the iridebtedness secured hereby, or to repair and restore <br />the property so taken. <br />6. The Beneficiary may, but shall have no obligation to, do any act which Trustors have agreed but failed to do, and the <br />Beneficiary may also do any act it deems necessary to protect the lien hereof. Trustors agree to repay, upon demand, any sums <br />so expended by the Beneficiary for the above purposes, and any sum so expended shall be added to the indebtedness secured <br />hereby and become secured by the lien hereof. The Beneficiary shall no incur any liability because of anything it may do or <br />omit to do hereunder. <br />7. The Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the <br />rents, issues and profits of the property and of any personal property located thereon with or without taking possession of the <br />property affected hereby, and Trustors hereby absolutely and unconditionally assign all such rents, issues and profits to the <br />beneficiary. The beneficiary, however, hereby consents to Trustors' collection and retention of such rents, issues and profits, so <br />long as Trustors are not, at such time, in default with respect to payment of any indebtedness secured hereby, or in the perform- <br />ance of any agreement hereunder. If any event of default described hereafter in respect to this Deed of Trust shall have oc- <br />curred and be continuing, the Beneficiary, as a matter of right and without notice to Trustors or anyone claiming under Trustors, <br />and without regard to the value of the trust.estate or the interest of the Trustors therein, shall have the right to apply to any court <br />having jurisdiction to appoint a receiver of the property. <br />8. The Beneficiary, or its agents, are authorized to enter at any reasonable time upon or in any part of the property for the <br />purpose of inspecting the same and for the purpose of performing any of the acts they are authorized to perform under the terms <br />of any loan instruments executed by Trustors. <br />9. If all or any part of the property or any interest of Trustors is sold, transferred or further encumbered without the written <br />consent of the Beneficiary, the Beneficiary may declare all sums secured by this Trust Deed to be immediately due and payable <br />and proceed to the remedies available to it under the default provisions contained herein. <br />10. Any of the following events shall be deemed an event of default hereunder: <br />a. Trustors shall have failed to make payment of any installment of principal or interest or any other sums secured hereby <br />when due; <br />b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or <br />warranty contained in this Deed of Trust, the note or any other loan instrument secured hereby; <br />c. There has been a default by the Trustorsin the payment of any prior or subsequent lien or encumbrance in respect to all <br />or any part of the property; <br />d. Trustors shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall make an as- <br />signment for the benefit of creditors in respect to the property; or an action to enforce any lien or encumbrance or judg- <br />ments against the property is commenced. <br />11. In the event of any default, the Beneficiary may declare all indebtedness secured hereby to be due and payable and the <br />same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the <br />Beneficiary may: <br />a. either in person or by agent, with or without bringing any action or proceeding, or by receiver appointed by a court and <br />without regard to the adequacy of any security, enter upon and take possession of the property, or any part thereof, in its <br />own name or in the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the value, <br />marketability or rentability of the property, or part thereof, or interest therein, increase the income therefrom or protect <br />the security hereof and, without taking possession of the property, sue for or otherwise collect the rents, issues and prof- <br />its thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, <br />including attorney fees, upon any indebtedness secured hereby, all in such order as the Beneficiary may determine. The <br />entering upon and taking possession of the trust estate, the collection of such rents, issues and profits and application <br />thereof as aforesaid shall not cure or waive .any default or notice of default hereunder or invalidate any act and in re- <br />sponse to such default or pursuant to such notice of default and notwithstanding the continuance in possession of the <br />property or the collection, receipt and application of rents, issues or profits, Trustee or the Beneficiary may be entitled to <br />exercise every right provided for in any of the loan instruments or by law upon occurrence of any event of default, in- <br />cluding the right to exercise the power of sale; <br />b. commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof; <br />c. deliver to Trustee a written declaration of default and demand for sale, and written notice of default and election to cause <br />Trustors' interest in the property to be sold, which notice Trustee shall cause to he duly filed for record in the official re- <br />cords of the county in which the property is located. <br />