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<br /> 201002933
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<br /> TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property (collectively, the
<br /> "rents"), all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all
<br /> right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property
<br /> owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may
<br /> hereafter acquire in the Property, all easements, rights-of-way, tenements, hereditaments and appurtenances thereof and thereto,
<br /> all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying within the
<br /> right-of-way of any street or highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or
<br /> used in connection with the 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 hereafter acquire
<br /> in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof,
<br /> of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade of streets
<br /> and awards for severance damages.
<br /> The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate".
<br /> For the Purpose of Securing:
<br /> A. Payment of indebtedness evidenced by the Second Promissory Note of Trustor in the amount of
<br /> $ 2,900.00 in favor of Beneficiary (the "Promissory Note"); and
<br /> B. Payment of all sums advanced by Beneficiary to protect the Trust Estate.
<br /> The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness."
<br /> This Second Deed of Trust, the Promissory Note of Trustor in favor of Beneficiary and any other instrument given to
<br /> evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the
<br /> "Loan Instruments".
<br /> Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate,
<br /> (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and
<br /> the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust"), and
<br /> (iii) Trustor will defend the Trust Estate against the lawful claims of any person.
<br /> To Protect the Security of this Second Deed of Trust:
<br /> 1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness
<br /> and all other sums as provided in the Loan Instruments.
<br /> 2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter
<br /> levied against the Trust Estate or any part thereof, before delinquency, without notice or demand.
<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 Beneficiary. So
<br /> long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements of the First Deed
<br /> of Trust or mortgage shall be sufficient to satisfy the requirements of this paragraph 3 relating to insurance.
<br /> Trustor shat I promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear,
<br /> the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or commit, suffer or
<br /> permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and
<br /> promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the
<br /> Trust Estate or any part thereof.
<br /> 4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to
<br /> affect the security hereof or the rights or powers of Beneficiary or "Trustee, and shall pay all costs and expenses, including cost of
<br /> evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. If Trustor
<br /> fails to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or
<br /> 'T'rustee, each in their own discretion, without obligation so to do and without notice to or demand upon Trustor and without
<br /> releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary
<br /> to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses
<br /> incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs
<br /> of evidence of title, court costs, appraisals, surveys and attorneys' fees.
<br /> 5. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason
<br /> of any public improvement or condemnation proceeding, or in any other manner including deed in lieu thereof
<br /> ("Condemnation"), or if Trustor receives any notice or other information regarding such proceeding, Trustor shall give prompt
<br /> written notice thereof to Beneficiary. Trustor shall be entitled to all compensation, awards and other payments or relief thereof
<br /> Page 2 of 5 NIFA ABC Loan/Form K
<br /> 21995.CV (12/09) 903885 (12/09)
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