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. q f DO NOT RECORD-Provisions incorporated from Recorded Fictitious Deed of Trust A. TO PROTECT THE SECURITY HEREOF,TRUSTOR AGREES: (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on (1) To keep said property in good condition and repair, preserve appurtenant water stock; when due, all encumbrances,charges and thereon the buildings,complete construction begun, restore damage liens,with interest,on said property or any part thereof,which appear or destruction, and pay the cost thereof; to commit or permit no to be prior or superior hereto; all costs, fees and expenses of this waste,no violation of laws or covenants or conditions relating to use, Trust. alterations or improvements;to cultivate, irrigate, fertilize,fumigate, Should Trustor fail to make any payment or to do any ad as herein prune, and do all other acts which the character and use of said provided,then Beneficiary or Trustee,but without obligation so to do property and the estate or interest in said property secured by this and without notice to or demand upon Trustor and without releasing Deed of Trust may require to preserve this security. Trustor from any obligation hereof, may: make or do the same in (2) To provide, maintain and deliver to Beneficiary fire insurance such manner and to such extent as either may deem necessary to satisfactory to and with loss payable to Beneficiary. The amount protect the security hereof,Beneficiary or Trustee being authorized to collected under any fire or other insurance policy may be applied by enter upon said property for such purposes;appear in and defend any Beneficiary upon any indebtedness secured hereby and in such order action or proceeding purporting to affect the security hereof or the as Beneficiary may determine, or Beneficiary may release all or any rights or powers of Beneficiary or Trustee; pay, purchase, contest or part thereof to Trustor. Such application or release shall not cure or compromise any encumbrance,charge or lien,which in the judgment waive any default or notice of default hereunder or invalidate any act of either appears to be prior or superior hereto;and,in exercising any done pursuant to such notice. such powers, pay necessary expenses, employ counsel and pay his (3) To appear in and defend any action or proceeding purporting to reasonable fees. affect the security hereof or the rights or powers of Beneficiary or (5) To pay immediately and without demand all sums so expended Trustee;and to pay all costs and expenses,including cost of evidence by Beneficiary or Trustee, with interest from date of expenditure at of title and attorney's fees in a reasonable sum,in any such action or seven per cent per annum,and to pay for any statement provided for proceeding in which Beneficiary or Trustee may appear. by law regarding the obligations secured hereby in the amount demanded by Beneficiary, not exceeding the maximum amount permitted by law at the time of the request therefore. 8. IT IS MUTUALLY AGREED THAT: (1) Any award of damages in connection with any condemnation Trustee may postpone sale of all or any portion of said property by for public use of or injury to said property or any part thereof is public announcement at such time and place of sale,and from time to hereby assigned to Beneficiary, who may apply or release such time thereafter may postpone such sale by public announcement at moneys received by him in the same manner and with the same effect the time fixed by the preceding postponement. Trustee shall deliver as provided for disposition of proceeds of fire or other insurance. to such purchaser its deed conveying the property so sold, but (2) By accepting payment of any sum secured hereby after its due without any covenant or warranty,expressed or implied. The recitals date,Beneficiary does not waive his right either to require payment in such deed of any matters or facts shall be conclusive proof of the when due of all other sums so secured or to declare default for failure truthfulness thereof. Any person, including Trustor, Trustee, or so to pay. Beneficiary as hereinafter defined,may purchase at such sale. (3) At any time or from time to time,without liability therefor and After deducting all costs,fees and expenses of Trustee and of this without notice, upon written request of Beneficiary and presentation Trust, including cost of evidence of title in connection with sale, of this Deed and said note for endorsement,and without affecting the Trustee shall apply the proceeds of sale to payment of: all sums personal liability of any person for payment of the indebtedness expended under the terms hereof, not then repaid, with accrued secured hereby, Trustee may: reconvey any part of said property; interest at seven per cent per annum; all other sums then secured consent to the making of any map thereof; join in granting any hereby; and the remainder, if any, to the person or persons legally easement thereon; or join in any agreement extending or entitled thereto. subordinating the lien or charge hereof. (6) This Deed applies to, inures to the benefit of, and binds all (4) Upon written request of Beneficiary stating that all sums secured parties hereto, their legal representatives and successors in interest. hereby have been paid, and upon surrender of this Deed and said The term Beneficiary shall include any future owner and holder, note to Trustee for cancellation and retention and upon payment of its including pledgees, of the note secured hereby. In this Deed, fees, Trustee shall reconvey, without warranty, the property then whenever the context so requires,the masculine gender includes the held hereunder. The recitals in such reconveyance of any matters or feminine and/or neuter,and the singular number includes the plural. facts shall be conclusive proof of the truthfulness thereof. The grantee (7) Trustee accepts this Trust when this Deed, duly executed and in such reconveyance may be described as "the person or persons acknowledged,is made a public record as provided by law. Trustee legally entitled thereto." is not obligated to notify any party hereto of pending sale under any (5) Upon default by Trustor in payment of any indebtedness other Deed of Trust or of any action or proceeding in which Trustor, secured hereby or in performance of any agreement hereunder, Beneficiary or Trustee shall be a party unless brought by Trustee. Beneficiary may declare all sums secured hereby immediately due (8) The Trusts created hereby are irrevocable by Trustor, and payable by delivery to Trustee of written declaration of default (9) Beneficiary may substitute a successor Trustee from time to time and demand for sale and of written notice of default and of election by recording in the Office of the Recorder or Recorders of the county to cause said property to be sold,which notice Trustee shall cause to where the property is located an instrument stating the election by the be duly filed for record. Beneficiary also shall deposit with Trustee Beneficiary to make such substitution,which instrument shalt identify this Deed, said note and all documents evidencing expenditures the Deed of Trust by recording reference, and by the name of the secured hereby. original Trustor,Trustee and Beneficiary,and shall set forth the name Trustee shall give notice of sale as then required by law, and and address of the new Trustee,and which instrument shall be signed without demand on Trustor,at least three months having elapsed after by the Beneficiary and duly acknowledged. recordation of such notice of default, shall sell said property at the time and place of sale 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 States,payable at time of sale. 2802-010665 2 19 06 ©1 e2/ 2 03:34P Description: San Joaquin,CA Document—Year.DocZD 2002.10665 Page: 2 of 7 Order: 14 Comment: