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<br />200800108 <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. <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 in good condition and <br />repair; to keep the Property free from mechanics or other liens not expressly subordinated to the <br />lien hereof; to not make, suffer or permit any nuisance to exist nor to diminish or impair the <br />value of the Property by any act or omission to act; and to comply with all requirements of law <br />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 <br />hereby and in such order as Beneficiary may determine, (ii) to the Trustor to be used for the <br />repair or restoration of the Property or (iii) for any other purpose or object satisfactory to <br />Beneficiary without affecting the lien of this Deed of Trust for the full amount secured hereby <br />before such payment ever took place. 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 <br />or 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 by 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. Beneficiary shall have the right, power and authority <br />during the continuance of this Deed of Trust to collect the rents, issues and profits of the <br />Property and of any personal property located thereon with or without taking possession of the <br />Property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such <br />rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's <br />collection and retention of such rents, issues and profits as they accrue and become payable, so <br />long as Trustor is not, at such time, in default with respect to payment of any indebtedness <br />secured hereby, or in the performance of any agreement hereunder. If any event of default <br />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 of the Trustor therein, shall have <br />the right to apply to any court having jurisdiction to appoint a receiver of the Property. <br /> <br />9. Inspections. Beneficiary, or its agents, representatives or workmen, are <br />authorized to enter at any reasonable time upon or in any part of the Property for the purpose of <br />inspecting the same and for the purpose of performing any ofthe acts it is authorized to perform <br />under the terms of any loan instruments executed by Trustor. <br /> <br />10. Transfer of Propertv. If all or any part of the Property or any interest of Trustor <br />therein is sold, transferred or further encumbered without the express or written consent of <br /> <br />2 <br />