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<br />RE-RECORDED
<br />2_00705999
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<br />200610854
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<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property
<br />(collectively, the "rents"), all leases or subleases covering the Property or any portion thereof now or hereafter
<br />existing or entered into, and all right, title and interest of Trustor thereunder, all right, title and interest of Trustor in
<br />and to any greater estate in the Property owned or hereafter acquired, all interests, estate or other claims, both in law
<br />and in equity, which Trustor now has or may hereafter acquire in the Property, all easements, rights-of-way,
<br />tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right, title and interest of
<br />Trustor, now owned or hereafter acquired, in and to any land, lying within the right-of-way of any street or highway
<br />adjoining the Property, and any and all alleys and strips and gores ofland adjacent to or used in connection with the
<br />Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the
<br />"Improvements"), and all the estate, interest, right, title or any claim or demand which Trustor now has or may
<br />hereafter acquire in the Property, and any and all awards made for the taking by eminent domain, or by any
<br />proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any
<br />awards resulting from a change of grade of streets and awards for severance damages.
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<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the
<br />"Trust Estate".
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<br />For the Purpose of Securing:
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<br />A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary;
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<br />and
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<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at
<br />the rate of sixteen percent (16%) per annum.
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<br />The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness."
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<br />This Second Deed of Trust, any promissory note of Trustor in favor of Benef1ciary and any other
<br />instrument given to evidence or further secure the payment and performance of any obligation secured hereby are
<br />referred to collectively as the "Loan Instruments".
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<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the
<br />Trust Estate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions
<br />and covenants of record and the Deed of Trust from Trustor encumbering the Property dated on or about the date
<br />hereof (the "First Deed of Trust"), and (iii) Trustor will defend the Trust Estate against the lawful claims of any
<br />person.
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<br />To Protect the Security of this Second Deed of Trust:
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<br />I. Payment of Indebtedness. Trustor shall pay when due the principal of: and the interest on, the
<br />Indebtedness and all other sums as provided in the Loan Instruments.
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<br />2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now
<br />or hereafter levied against the Trust Estate or any part thereof, before delinquency, without notice or demand.
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<br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the
<br />Improvements constituting part of the Trust Estate for such amounts and on such terms reasonably satisfactory to
<br />Beneficiary. So long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance
<br />requirements ofthe First Deed of l' rust or mortgage shall be sufficient to satisfy the requirements of this paragraph 3
<br />relating to insurance.
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<br />Trustor shall promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary
<br />wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust
<br />Estate, or commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance
<br />Page 2 01'6 NIFA MRBlForm II
<br />3718.CV (11/06) 900953 (10/06)
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<br />GOTO(00047a33)
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