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<br />200703195 <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 <br />delinquent Trustors shall pay all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of <br />Trust or the debt secured hereby, without regard to any law that may be enacted imposing payment of the whole or any part thereof <br />upon the Beneficiary. <br />4. To keep the improvements now or hereafter located on the property insured against damage by fire and such other hazards as <br />the Beneficiary may require, in amounts and companies acceptable to the Beneficiary, Such insurance policy shall contain a standard <br />mortgage clause in favor of Beneficiary. Trustor shall promptly repair, maintain and replace the property or any part thereof, so <br />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 shall <br />apply such compensation, at its option, either to a reduction of the indebtedness secured hereby, or to repair and restore the property <br />so taken. <br />6. The Beneficiary may, but shall have no obligation to, do any act whieh 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 so <br />expended by the Beneficiary for the above purposes, and any sum so expended shall be added to the indebtedness secured hereby and <br />become secured by the lien hereof. The Beneficiary shall no incur any liability because of anything it may do or omit to do <br />hereunder. <br />7. The Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect thc rents, <br />issues and profits of the property and of any personal property located thereon with or without taking possession of the property <br />affected hereby, and Trustors hereby absolutely and unconditionally assign all such rents, issues and profits to the beneficiary. The <br />beneficiary, however, hereby consents to Trustors' collection and retention of such rents, issues and profits, so long as Trustors are <br />not, at such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement <br />hereunder. If any event of default described hereafter in respect to this Deed of Trust shall have occurred and be continuing, the <br />Beneficiary, as a matter of right and without notice to Trustors or anyone claiming under Trustors, and without regard to the value of <br />the trust estate or the interest of the Trustors therein, shall have the right to apply to any court having jurisdiction to appoint a <br />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 of <br />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 writtell <br />consent of the Beneficiary, the Beneficiary may declare all sums secured by this Trust Deed to be immediately due and payable and <br />proceed to the remedies available to it under the default provisions contained herein. <br />10 Any ofthe 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 when <br />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 Trustors in the payment of any prior or subsequent lien or eneumbrance in respect to all or any <br />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 <br />assignment for the benefit of creditors in respect to the property; or an action to enforce any lien or encumbrance or judgments <br />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 same <br />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 own <br />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 the <br />security hereof and, without taking possession of the property, sue for or otherwise collect the rents, issues and profits thereof. <br />including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including <br />attorney fees, upon any indebtedness secured hereby, all in such ordcras the Beneficiary may determine. The entering upon <br />and taking possession of the trust estate, the colIection of such rents, issues and profits and application thereof as aforesaid <br />shall not cure or waive any default or notice of default hereunder or invalidate any act and in response to such default or <br />pursuant to such notice of default and notwithstanding the continuance in possession of the property or the collection, receipt <br />and application of rents, issues or profits, Trustee or the Beneficiary may be entitled to exercise every right provided for in any <br />of the loan instruments or by law upon occurrence of any event of default, including 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 be duly filed for record in the official records <br />of the county in which the property is located. <br />12. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall notify Trustee <br />and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured <br />hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall cause to be recorded, published and delivered <br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust Trustee shall without demand <br />on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale <br />having been given as required by law, sell the property at the time and place of sale fixed by it in such Notice of Sale, either as a <br />whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may detennine, at public <br />auction to the highest bidder for cash and shall deliver to such purchaser or purchasers thereof a deed to the property sold, consistent <br />