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<br />20011050:1 <br /> <br />1. Payment ofIndebtedness. To pay when due, the principal of, and the interest on, <br />the indebtedness evidenced by the note, charges, fees and all other sums as provided in the loan <br />instruments. <br /> <br />2. Title. Trustor is the owner of the property and has the right and authority to <br />execute this Deed of Trust in respect to the property. <br /> <br />3. Taxes and Assessments. To pay, when due, all taxes, special assessments and all <br />other charges against the property, before the same become delinquent, and, in the event <br />Beneficiary shall so require, to add to the payments required under the note secured hereby, such <br />amount as may be sufficient to enable Beneficiary to pay such taxes, assessments or other <br />charges as they become due. So long as this Deed of Trust shall remain in effect, Trustor shall <br />provide Beneficiary with a copy of the receipt for payment of all such taxes and assessments <br />before the same become delinquent. <br /> <br />4. Repair, Maintenance and Use. To not commit waste on or damage to the property <br />and to use due care to prevent others from so doing; to keep the property free from mechanics or <br />other liens not expressly subordinated to the lien hereof; to not make, suffer or permit any <br />nuisance to exist nor to diminish or impair the value of the property by any act or omission to act; <br />and to comply with all requirements of law with respect to the property. <br /> <br />5. Insurance. At all times during the term hereof to keep the Property insured <br />against damage by fire, hazards included within the term "extended coverage", and such other <br />hazards as Beneficiary may require, in an amount of not less than the replacement value thereof <br />and with companies acceptable to Beneficiary, including a standard mortgagee clause with loss <br />payable to the Beneficiary and containing an additional provision that the policy cannot be <br />canceled without prior written notice to the Beneficiary. In case of loss under such policies, the <br />Beneficiary is authorized to adjust, collect and compromise all claims thereunder and shall have <br />the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby <br />and in such order as Beneficiary may determine, or (ii) to the Trustor to be used for the repair or <br />restoration of the Property. 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 <br />hereunder. <br /> <br />6. Condemnation. In the event the property, or any part thereof, shall be taken by <br />eminent domain, Beneficiary is entitled to collect and receive all compensation which may be <br />paid for any property taken or for damages to property not taken, and Beneficiary shall apply <br />such compensation, at its option, either to a reduction of the indebtedness secured hereby or to <br />repair and restore the property so taken. <br /> <br />7. Performance bv Beneficiarv. Beneficiary may, but shall have no obligation to, do <br />any act which Trustor has agreed but failed to do, and Beneficiary may also do any act it deems <br />necessary to protect the lien hereof. Trustor agrees to repay, upon demand, any sums so <br />expended by Beneficiary for the above purposes, and any sum so expended by Beneficiary shall <br />be added to the indebtedness secured hereby and become secured by the lien hereof. Beneficiary <br />shall not incur any personal liability because of anything it may do or omit to do hereunder. <br /> <br />8. Assignment of Rents. In the event of default, Beneficiary shall have the right, <br />power and authority during the continuance of this Deed of Trust to collect the rents, issues and <br />profits of the property and of any personal property located thereon with or without taking pa;- <br />session of the property affected hereby, and Trustor hereby abooluteIy and unconditionally <br />assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to <br />Trustor's collection and retention of such rents, issues and profits as they accrue and become <br />payable, so long as Trustor is not, at such time, in default with respect to payment of any in- <br />debtedness secured hereby, or in the performance of any agreement hereunder. If any event of <br />default described hereafter in respect to this Deed of Trust shall have occurred and be continuing, <br />Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under Trustor, <br />and without regard to the value of the trust estate or the interest ofthe Trustor therein, shall have <br />the right to apply to any court having jurisdiction to appoint a receiver of the property. <br /> <br />2 <br />