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DO NOT RECORD 1 The following is a copy of provisions(1Ito(14),Inclusive,of the flctitlous deed of trust,recorded in each county of California,as stated In the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as If set forth at length therein. To Protect the Security of This Deed of Trust,Trustor Agrees: t. To keep said property in good condition and repair,not to remove of demolish any building thereon;to complete or restore promptly and in good and 4 workmanlike manner any building which may be construrged,damaged or destroyed thereon and to pay when due all claims for labor performed and material y furnished therefor,to comply with an laws affecting said property or requiring any alterations or Improvements to be made thereon;not to commit or permit waste thereof;not In commit,suffer or permit any act upon Bald property in violation of law;to cuttivats,Irrigate,fertilEze,fumigate,prune and do all other acts which from the character or use of said property may be reasonably necessary,the specific enumerations herein not excluding the general. 2. To provide,maintain and deliver to Beneficiary fire Insurance satisfacory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any Indebtedness secured hereby and In such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any pad thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of 7 default hereunder or Invalidate any act done pursuant to such notice, 3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all costs and expenses,Including ooal of evidence of dile and attorney's fees in a reasonable sum,in any such action or proceeding In which Beneficiary or Trustee may appear,and In any suit brought by Beneficary to foreclose this Deed. 4. To pay;at leas!ten days before delinquency all taxes and assessments affecting said property,including assessments on appurtenant water stock;when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto;all costs,fees and expenses of this Trust. Should Trustor fail to make'any payment or to do any act as herein provided,then Beneficiary or Trustee,but without obligation so to do and without notice to or demand upon Trustor and without releasing Truster from any obligation hereof,may,make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof,Beneficiary or Trustee being authorized to enter upon said property for such purpose;appear in and defend any f action or proceeding purporting to affect the security hereof or the rights or powers of Benerlcc€ary or Trustee; pay, purchase, contest or compromise soy encumbrance,charge or ten which In the Judgment of either appears to be prior or superior hereto;and.In exercising any such powers,pay necessary expenses, employ counsel and pay his reasonable fees. 5. To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from dale or expenditure at the amount allowed by law in effect at the date hereof,and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount r demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded, i ti. That any award of damages In connection with any condemnation for public use of or injury to said property or any part thereof Is hereby assignad and shall be paid to Beneficiary who may apply or release such money(les)received by him In the same manner and with the some effect as above provided for disposition of proceeds of Pira or other Insurance. 7. That by accepting payment of any sum secured hereby its due dale,Beneficiary does not waive his right either to require prompt payment when due of all fill 1� other sums so secured or to declare default for failure so to pay. $. That at any time or from time to time,without Ilablllty therefor and without notice,upon written request of Beneficiary and presentation of this Deed and said rote for endorsement,and without affecting the personal liability of any person for payment of fhe Indebtedness secured hereby,Trustee may;reoonvey any part of said property;consent to the making of any map or plat thoreot loin In granting any casement thereon;or Join in any extension agreement or any agreement subordinating the lien or charge hereof. B. That upon written request of Beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed and said nolo to Trustee for cancellation and retention and upon payment of Its fees,Trustee shall reconvey,without warranty the property then held hereunder. The recitals In such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee In such reconveyance may be described as"the person or persons legally entitled thereto."Five years after Issuance of such full reconveyance,Trustee may destroy said note and this Deed(unless directed in such request to retain Ihem), 10. That as additlonai security,Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the ovritinuance of these Trusts, to collect the rents,issues and prafNs of said property,reserving unto Trustor the right,prior to any default by Truslor in payment of any Indebtedness secured hereby or in performance of any agreement hereunder,to collect and retain such rents,issues and profits as they become due and payable. Upon any such default, Beneficiary may at any lime without notice,either in person,by agent,or by a receiver to be appointed by a court and without regard to the adequacy of any security i for the indebtedness hereby secured,enter upon and take possession of said property or any part thereof,in his own name sue for or otherwise collect such rents, issues and profits,including those past due and unpaid,and apply the some,less costs and expenses of operation and collection,including reasonable attorneys I fees,upon any indebtedness secured hereby,and in such order as Beneficiary may determine. The entering upon and taking possession of said property,the collection of such rents,issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice, 11, That upon default by Trustor in payment or any indebtedness secured hereby or in performance of any agreement hereunder.Berlenclary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and or election to cause to be sold said property,which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed,sold note and all documents evidencing expenditures secured hereby. + After the lapse of such time as may then be required by law following the retardation of said notice of default,and notice of sale having been given as than required by law,Trustee,without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale,either as a whole or in separate parcels,and In such order as It may determine,at public auction to the highest bidder for cash in lawful money of the United Stales,payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such t€me and piece of sale,and from time to time thereafter may postpone such sale by public announcement at the time fired by the preceding postponement, Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any convenant or warranty express or implied. The recitals in such deed of any matters or fats shall be conclusive proof of the truthfulness thereof. Any person,Including Trustor,Trustee,or Beneficiary as hereinafter defined.may purchase at such sale. After deducting all costs,fees and expenses of Trustee and of this trust,including cost of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment oi;all sums expended under the terms hereof not then repaid,with accrued Interest at the amount alkawed by law in effect at the date 0 hereof;all other sums then secured hereby;and the remalnder,if any,to the person or persons legally entitled thereto. 12. Beneficiary,or any successor In ownership of any Indebtedness secured hereby,may from time to time,by Instrument in writing,substitute a successor or successors to any Trustee named herein or acting hereunder,which Instrument,executed by the Beneficlary and duly acknowledged and recorded Ih the office of the recorder of the county or counties where said property Is situated,shall be conclusive proof of proper substit4w of such successor Trustee or Trustees,who Fshall without conveyance from the Trustee predecessor,succeed to all Its title,estate,rights,powers and duties. Said instrument must contain the name of the original Trustor,Trustee and Beneficiary hereunder,the book and page where this Deed is recorded and the name and address of the new Trustee.rs13. That this Deed applies to inures,to the benefit of,and binds art parties hereto,their heirs,legatees,devisees,administrato ,executors,successors and assigns, The term Beneficiary shall mean the owner and holder,Including pledgees,of the note secured hereby whether,or not named as Beneficiary herein. In this Deed,whenever the context so requires,the masculine gender includes the feminine andlor neuter,and the ainguler number includes the plural, 14. That Trustee accepts this Trust when th€s Deed,duly executed and acknowledged,is made a public record as provided by law. Trustee Is not obligated to notify any parry hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Truslor.Beneficiary or Trustee shalt be a party unless brought by Trustee, lit� 1111 1�It ego fgS .47 54H Fit FiDescription: San Joaquin,rA Document—Year.DoclD 2003.215215 Page: 3 of 5 nrr9ar! t_-i—sen Y r'.nmmsan f-: