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<br />A. TO PROTECT THE SECURITY HEREOF, TRUSTOR AGREES
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<br />DO NOT RECORD - Provisions incorporated from Recorded Fictitious Deed of Trust.
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<br />[1] To keep said property In good condition and repair, preserve
<br />thereon the buildings, complete construction begun, restore damage
<br />or destruction, and pay the cost thereof; to commit or pennlt no use,
<br />alterations or Improvements; to cultivate, Irrigate, fertilize, fumigate,
<br />prune, and do all other acts which the character and use of said
<br />property and the estate or Interest In said property secured by this
<br />Deed of Trust mlY require to preserve this securtty.
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<br />[2] To provide, maintain and deliver to BenefIciary fire Insurance
<br />utistactory to and with 10M payable to Beneficiary. The amount
<br />collected under any fire or other Insurance polley may be applied by
<br />Beneficiary upon any Indebtedness secured hereby and In such order
<br />as BeneficI8ry may detennlne, or BenefIciary may releaM all or any
<br />part thereof to Trustor. Such application or retease shall not cure or
<br />_Ive any default or notice of default hereunder or Invalidate any act
<br />done pursuant to such notice.
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<br />[3] To spP8llr in and defend Iny action or pfOC8&dlng purporting to
<br />affect the security hereof or the rights or power$ of Beneficiary or
<br />Trustee; and to pay III costs and expenses, Including cost of evidence
<br />of tIl:Ie and attorney's fees In a reasonable sum, In any such action or
<br />proceeding In which Beneficiary or Trustee may appear.
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<br />B. IT IS MUTUALLY AGREED THAT:
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<br />[1] Any Ilward of damages In connection with sny condemnation for
<br />public use of or Injury to said property or MY part thereof Is herMy
<br />assigned to BenefIciary, who may IppIy or reIeue such moneys
<br />received by him In the same manner and with the same effect as
<br />provided for disposition of proceeds of fire or other Insurance.
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<br />[2] By acceptlng payment of any sum ll8CUred hervby after Its due
<br />d.., BeneflcIary does not _Ive his right either to require payment
<br />when due of all other sums so secured or to declare default for failure
<br />so to pey.
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<br />(3) At any time or from time to time, without liability therefor and
<br />without notice, upon written reqUMt of BenefIciary and pntMI1I8tIon of
<br />this Deed and said nota for endOlMlllent. and wtthout affecting the
<br />parsonal liability of any person for payment of the indebtedness
<br />secured hereby, Tru8tee may: reconvey any part of said property;
<br />consent to the making of any map thanlof; join In granting any
<br />enement thereon; or join In any agreement eJl:tendlng or
<br />aubordlnatlng the lien or challl& hereof.
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<br />[4] Upon wrttten request of Beneflclsry stating tJl8t aU sums secured
<br />hereby hlml bHft paid, and upon aul'J1lllMr of this Deed and said note
<br />to Trustee for cancellation and retention and upon payment of Its fees,
<br />Trustee shall reconvey without WlIrJ1lnty, the property then held
<br />hereunder. The recitals In such reconveyance of any matlers or facts
<br />shall be conclllBlve proof of the truthfulness thereof. The grantee In
<br />such reconveyance may be described lIS "the pnon or persontJ
<br />leplly entitled thereto...
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<br />(5) Upon default by Trustor In payment of any Indebtedness sacured
<br />h....by or In perfonnance of any agreement. hereunder, Beneflclary
<br />may dec..re all sums secured hereby Immedlately due and pay8bIe by
<br />delivery to Truef88 of wrttten declaration of default and demand for
<br />.... and of wrttten notice of default .nd of 8Iectlon to cause said
<br />property to be .old, which notice T"*" shall cause to be duly flied
<br />for record. Beneftclary also shall depoelt with Trustee thW Deed, said
<br />note and aH documents evldenclng expenditures secured hereby.
<br />TI\I8tee ehaH give notice of .... as then required by law, and without
<br />demand on Trustor, at leaet three montt. having e1apsad after
<br />recordation of such notice of default, shall sell ..Id property at the
<br />time and place of .... flxed by It In ..Id notice of ...., either as a
<br />whole or In seplIrate pan:els and In such order as lt mIIY determine, at
<br />public auction to the hlghe8t bidder for cash In lawful money of the
<br />United States, payable at time of sale.
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<br />[4] To pey: at least ten days before delinquency all tsxes and
<br />asseMments affecting said property, Including aS$&Sllments on
<br />appurtenant _ter stock; when due, all encumbrances, ch.rges and
<br />liens, with Interest, on said property or any part thereof, which appear
<br />to be prior to superior hereto; .11 costs, fees and expenses of this
<br />Trust.
<br />Should Trustor fall to make Iny peyment or to do any act as herein
<br />provided, then Beneficiary or Trustee, but without obligation so to do
<br />and without notice to or demand upon Trustor and without releasing
<br />Trustor from any obligation hereof, may: make or do the same In such
<br />manner and to such extent as either may deem necessary to protect
<br />the security hereof. Beneficiary or Trustee being authorIZed to enter
<br />upon said property for such purposes; appear in and defend sny action
<br />or proceeding purporting to affect the security hereof or the rights or
<br />po_rs of BenefICiary or Trustee; pay, purchase, contest or
<br />comproml8e any encumbrance, charge or lien which In the Judgment
<br />of either appears to be prior or superior hereto; and, In exercising any
<br />such powers, pay necessary expeMft, employ coullllel and pey his
<br />reasonable fees.
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<br />[5] To pay immediately and without demand III SU1118 so expended by
<br />Beneficiary or Trustee, with Interest from data of expenditure at seven
<br />percent IHlr annum, and to pay for any statement provided for by law
<br />regarding the obligations ll8Cured hereby In the amount demanded by
<br />Beneficiary, not exceedlng the maximum amount permitted by ..W at
<br />the time of the request therofore.
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<br />Trustee may postpone sale of all or any portion of said property by
<br />public announcement at such time and place of sale, and from time to
<br />time tl1er8after may postpone lMICh sale by public announcament at the
<br />time flxed by the preceding postponement. TrustM shall deliver to
<br />such purchaser Ita deed conveying the property 80 sold, but without
<br />any covenant. or _rranty, express or Implied. The recitals In such
<br />deed of any matters or facts. shall be conclusive proof of the
<br />truthfulness thereof. Any person, including TrustOr, . Trustee, or
<br />Beneflclary as herelnafter defined, may purchase at such .....
<br />Alter deducting all coa1s, f8e8 and e~ of Truat.ee and of this
<br />Trust, Including cost of evidence of tltIe In connection with sale,
<br />Trustee shall spply the proceeds of sale to payment of: .11 .ums
<br />expended under the tenns hereof, not then repeId, with accrued
<br />Interest at seven per cent per annum; all other SU1118 then MCUred
<br />hereby; .nd the "",",Inder, If any, to the penIOft or persons legally
<br />entltIed thereto.
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<br />l'1 Tbls Deed applies to, Inures to the beneftt of, and binds all parties
<br />hereto, their legal representatlves .nd succ:esso.- In Interest. The
<br />tenn BenefIcIary shall lnclucle any future owner and holder, Including
<br />pledge, of the note secured hereby. In this Deed, whenever the context
<br />so requires, the maacullne gender Includes the r.mtnIne and/Or neuter,
<br />and the stngu..r number Includes the plural.
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<br />(7) T,...... accepts this Trust. when thW Deed, duly executed and
<br />acknOWledged, Is made . public record as provided by 1_. Trustee Is
<br />not obIlgat8d to notify any party hereto of pending sale under any other
<br />Deed of Trust or of any action or proceeding In which Trustor,
<br />Beneficiary or TRlstee shall be a party unless brought by Trustee.
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<br />[8] The Trusts creeted hereby arelmtYocable by Trustor.
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<br />[I] Bene4lcIaty mIIY subetitUte a succeaor Trustee from time to time
<br />by~nglnthe~ofthe~or~ofthe~
<br />whero the property Ia located an Instrument atatIng the eIectlon by the
<br />BenefIciary to make such subdtutlon, which Instrument shallldentlfy
<br />the Deed of Trust by recording retvrence, and by the name of the
<br />original Trustor, Trustee and BeMftc..ry, and shall set forth the name
<br />and acid..... of the new TI\I8tee, and wtdch Instrument shall be signed
<br />by the BenefIciary and duly acknowledged.
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