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<br />200701904 <br /> <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br /> <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br /> <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 /> <br />3. Taxes. Assessments. To pay, before delinquent, all taxes, special assessments and all other charges <br />against the Property now or hereafter levied. <br /> <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the tenn <br />"extended coverage" and such other hazards 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 <br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br />may determine, (ii) to the Trustor to be used for the repair or restoration of the Property, or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. <br /> <br />5. Escrow. Upon written demand by Lender, Trustor shall 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: (ii) the premiums on the property insurance required hereunder, <br />and (iii) the premiums on any mortgage insurance required by Lender. <br /> <br />6. Maintenance. Repairs and Comoliance 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 pennit 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 /> <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 all such Proceeds, after deducting therefrom all <br />costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in <br />such order as Lender may detennine, or to apply all such Proceeds, after such deductions, to the restoration of the <br />Property upon such conditions as Lender may determine. 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 /> <br />8. Perfonnance bv 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 Property, 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 shall 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 /> <br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all 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 all 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 all 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. THE FOREGOING <br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE <br />FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. <br /> <br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property, <br />provided that Trustor shall, 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 /> <br />2 <br />