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<br />200803227 <br /> <br />2. Title. Trustor is the owner of the property and has the right and authority to convey <br />the property and warrants that the lien created hereby is a first and prior lien on the property. The <br />execution and delivery of the Deed of Trust does not violate any contract or other obligation to <br />which Trustor is subject. <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 oflaw <br />with respect to the property. <br /> <br />5. Insurance. At all times during the term hereof to keep the Property insured against <br />damage by fire, hazards included within the term "extended coverage", and such other hazards as <br />Beneficiary may require, in an amount of not less than the replacement value thereof and with <br />companies acceptable to Beneficiary, including a standard mortgagee clause with loss payable to <br />the Beneficiary and containing an additional provision that the policy cannot be cancelled <br />without prior written notice to the Beneficiary. In case ofloss under such policies, the Benefici- <br />ary is authorized to adjust, collect and compromise all claims thereunder and shall have the <br />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, (ii) to the Trustor to be used for the repair or <br />restoration of the Property or (iii) for any other purpose or object satisfactory to Beneficiary <br />without affecting the lien of this Deed of Trust for the full amount secured hereby before such <br />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 <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 by Beneficiary. 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 />2 <br />