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DO NOT RECORD
<br /> The following Is a Copy of provisions(1)to(14),inclusive,of the 11CIAlous deed of trust,recorded in each coup of California as stated In the for 3n D f r
<br /> and Inco county forego)ng sed o Trust
<br /> Incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
<br /> To Protect the Security of This Deed Of Trust,Trustor Agrees:
<br /> 1. To keep said property in good condition and repair,not to remove or demolish any bullding thereon;to complete or restore promptly and In good and
<br /> workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and material
<br /> furnished lherefor,to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon;not to commit or permit waste
<br /> thereof;not to commit,suffer or permit any act upon said property In violation of law;to cultivate,Irrigate,fertilize,rum ateand do all other acts which from
<br /> the character of use of said property may be reasonably necessary,the specific enumerationsg ,prune
<br /> herein not exciu 1z the general.
<br /> 2. To provide,maintain and deliver to Beneficiary fire Insurance satisfactory 10 and with lose payable to Beneficiary. The amount collected under any Fire or
<br /> 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
<br /> Beneficiary the entire amount so calfecied or any part thereof may be released to Trustor, Such appiicalion or release shall not cure or waive any default or notice of
<br /> default hereunder or invalidate any act done pursuant to such notice,
<br /> 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
<br /> costs and expenses,including cost of evidence of He and attorney's fees in a reasonable sum,in any such action or proceeding In which Beneficiary or Trustee may
<br /> r appear,and In any suit brought by Beneficiary to foreclose this Deed.
<br /> 4. To pay;at least ten days before delinquency all taxes and assessments effecting said property,including assessments on appurtenant wafer stock;when
<br /> 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
<br /> expenses of this Trust.
<br /> Should Trustor fait to make any payment or to do any aft as herein provided,then Beneficiary or Trustee,but without obllgatIon so to do and without
<br /> notice to or demand upon Trustor and without releasing Trustor from any obligation hereof,may;make or do the same in such manner and to such extent as either
<br /> 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 arty
<br /> action or proceeding purport]ng to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any
<br /> encumbrance,charge or flan which In the Judgment of either appears to be prior or superior hereto;and,In exercising any such powers,pay necessary expenses,
<br /> employ counsel and pay his reasonable fees.
<br /> 5. To pay Immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from date of expenditure at the amount allowed by
<br /> law in effect at the date hereof,and to pay for any statement provided for by taw in effect at the date hereof regarding the obligation secured hereby any amount
<br /> F demanded by the Beneficiary not to exceed the maximum allowed by law at the lime when said statement Is demanded.
<br /> ! 8, 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 assigned and
<br /> shall be paid to Beneficiary who may apply or release such money(les)received by him in the some manner and with the same effect as above provided for
<br /> disposition of proceeds of fire or other Insurance.
<br /> 7. That by accepting payment of any sum secured hereby its due date,Beneficiary does not waive his right either to require prompt payment when due of all
<br /> other sums so secured or to dedans default for failure so to pay.
<br /> 8. That at any time or from time to time,without liability therefor and without notice,upon written request of Beneficiary and presentation of this Deed and
<br /> sold note for endorsement,and without affecting the personal liability of any person for payment of the Indebtedness secured hereby,Trustee may:reconvey an
<br /> part of said property;consent to the making of any map or plat thereof join In granting any easement thereon;or join in any extension agreement or any agreement
<br /> subordinating the lien or charge hereof.
<br /> 0. That upon written request of Benelldary stating that all sums secured hereby have been paid,and upon surrender of this Dead and said note to Trustee
<br /> for cancellation and retention and upon payment of Els fees,Trustee shall reeonvey,without warranty the property then held hereunder, The recitals in such
<br /> 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
<br /> 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
<br /> to retain them).
<br /> 10. That as additional security,Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the continuance of these Trusts,
<br /> to collect the rents,issues and profits of said property,reserving unto Trustor the right,prior to any default by Truslor In payment of any Indebtedness secured hereby
<br /> 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,
<br /> Beneficiary may at any time 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
<br /> for the indebtedness hereby secured,enter upon and take possession of said property or any pert thereof,in his own name sue for or otherwise collect such rents, j
<br /> Issues and profits,fncluding those past due and unpaid,and apply the some.less costs and expenses of operation and collection,including reasonable attorney's
<br /> fees, upon any Indebtedness secured hereby,and In such order as Beneficlary may determine. The entering upon and taking possession of said property,the
<br /> collection of such rents,Issues and profits and the application thereof as aforesaid,shall not cure of wa€va any default or notice of default hereunder or Invalidate arty
<br /> act done pursuant to such notice.
<br /> it. That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder.Benetidary may declare all E
<br /> 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 of y
<br /> 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,said note and )f
<br /> all documents evidencing expenditures secured hereby.
<br /> After the lapse of such time as may dten be required by law following the recordation of said notice of default,and notice of sate having been given as
<br /> then required by law,Trustee.without demand on Trustor, shall sell said property at the time and place fixed by 4 in said notice of sale,either as a whole or in
<br /> 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 States,payable at time of sale.
<br /> Trustee may postpone sale of all or any portion of said properly by public announcement at such time and place of sale,and from time to time thereafter may
<br /> postpone such sale by public announcement at the time Cured by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the
<br /> Property so sold,but without any convenant or warranty express or Implied. The recitals in such deed of any matters or facts shall be conclusive proof of the
<br /> truthfulness thereof. Any person,Including Trustor,Trustee,or Beneficiary as hereinafter defined,may purchase at such sale.
<br /> After deducting ail costs,fees and expenses of Trustee and of this trust,including cost of evidence Of title In connection with sale,Trustee shall apply the
<br /> proceeds of sale to payment of;all sums expended under the terms hereof not then repaid,with accrued Interest at the amount allowed by Law in effect at the date
<br /> t hereof;all other sums than secured hereby;and the remainder,it any,to the person or pars"legally entitled thereto.
<br /> j 12. Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to time,by instrument In writing,substitute a successor
<br /> or successors to any Trustee named herein or acting hereunder,which Instrument,executed by the Beneficiary and duly acknowledged and recorded in the office of
<br /> the recorder of the county or counties where said property is situated,shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who
<br /> shall without conveyance from the Trustee predecessor,succeed to all its title,estate,rights,powers and duties. Said instrument must Contain the name Of the
<br /> Original Trustor,Trustee and Beneficiary hereunder,the book and page where this Deed is recorded and the name and address of the new Trustee.
<br /> [#ice 13. That this peed applies to inures,to the benefit of,and binds all parties hereto,their heirs,legatees,devisees,administrators,executors,successors and
<br /> +� assigns, The tart Beneficlary shall mean the owner and holder,including pledgees,of the note secured hereby whether,or not named as Beneficiary herein. In this
<br /> Deed,whenever the context so requires,the masculine gander includes the feminine and/or neuter,and the singular number Includes the plural,
<br /> 14, That Trustee accepts this Trust when this Deed,duly executed and acknowledged,is made a public record as provided by law. Trustee Is not obligated
<br /> to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Truslor,Beneficiary or Trustee shall be a party unless
<br /> FFF brought by Trustee.
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<br /> lit ss`of, -5 y�':�ql;
<br /> Description: San .7oaqu1n,CA Doc=ant—Year.Doc1D 2003.215215 Page: 3 of 5
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