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89`°008349 - provide*,aff'ung othei ihinga,for the payri1enl of all sums advanced by the Beneficiary from time to time pursuant to the Agreement,with Interest thereon at the rate specified In the Agreement,which rate may fluctuate from time to time as pro- vided therein.The maximum obligation underthe Agreement to be secured by this deed of trust at any one tim ro•videdtherein.ThemaximumobligationundertheAgreementtobesecuredbythisdeedoftrustatanyonetim I Beneficiary, Dollars(S with Trustor's written consentcked,the,hereafter Increases this amount.It the Agreement Is an American Equity Line Agreement or II this unleuest ss the Trust Is Tres then In defaultlunderithe Agreement note,ated to dcredit up this Deed of Trust orto this oany otllar heagreement retaunt upon the iling to orsaecur• Ing the Indebtedness. The security of this deed of trust shall not be affected by thn extension,renewal or modification from time to time of the obligations, Instruments or agreements described above.It there Is more than,Cnc Trusty,the term"Trustor;'as used in this Paragraph i.e.,In- cludes only those persons who have signed the note,guarantee or Agreement except that ail Trustors must give the written consent specified as to Increases In the maximum secured obligation under the Agreement as set larth above. b. Payment of anand all obligations and Ilablllties,whatsoever,whether primary,secondary,direct,indirect,fixed,or contingent, which are now due from Trustor,Obligor 0r any of them(or any successor In Interest to Trustor or any of them)whether created y Obligor or Cr any ofrthemy(orr any succenment if the ssor InoInte Interest Truster nor any of such them)specificallyation or tprovideor s that said oblother liigagion oned blfablilty Is secured by this Deed. rein — c. Performance afting o welch each stoats a party If the same Obligor rheitten conn^titan with any or ao4 the foregotngined In any �agreement,Instrument or other d. Payment of all sums to be expended by the Beneficiary or Trustee pursuant 10 the terms hereof. 2. TO PROTECT THE SECURITY OF THIS DEED OF TRUST,'-'JSTOR AGREES: a. To keep the Property In good condition and repair;not to remove or demolish any building thereon;to complete or restore promptly and In goad and workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor;to comply with all laws affecting the Property or requiring any alteration or improvements io be made thereon;not to commit or permit waste thereof;not 10 commit,suffer or permit any act upon said of therProperIn violation of law;I ou Iivate.ty may be reasonablycnafceasarly,lthe specific Other acts which iliz enumerations hereinate,fart a,fumigate, rune d no exlcluding the general.from the character o:use b. To provide,maintain and deliver to Beneficiary fire and other Insurance on the Property satisfactory to and with loss payable to Beneflciary.The amount collected under any fire or other insurance policy may be applied by Beneficiary upon indebtedness secured hereby and in such order as Beneficiary may determine,or at option of Beneficiary.the entire amount so collected or any part thereof may bl released to Trustor.Such application or release shall not cure or waive any default hereunder or invalidate any --- act done pursuant to such notice. l4y hereof or the rights or power*of Beneficiary or c. To appear in and detend any action or proceeding purporting to affect the secur Trustee;and to pay all costs and expenses,Including cost of evidence of title and attorney's lees In a reasonable sum,In any such _- action or proceeding In which Beneficiary or Trustee may appear,and In any will brought by Beneficiary to foreclose this Deed. d. To pay at least ten days before delinquency all taxes and assessments affecting the Property,Including assessment or appurtenant water stock,all encumbrances,charges and liens,any Interest,on the Property or any part thereof,which appear to be prior or superior hereto and all costs,fees and expenses of this Trust. e. That should Trustor fall to make any payment or 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 Trustor from any obligation hereof,may: (1) 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 the Property for such purposes. (2) Appear In and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. (3) Pay,purchase,contest or compromise any encumbrance,charge or Ilan which In the Judgment of either appears to be prior to be superior hereto. (4) In exercising any such powers,pay necessary expenses,employ counsel and pay his reasonable fees. I. To pay Immediately and without demand all sums so expended by Beneficiary or Trustee,with Interest tram date of expenditure at the cipall balance rate allowed Indebtedness seculaw In red hereby and shallct at ihe date or bear the he highest rate oftion of tInterest as any such such sums Indebtedness.be added to fhe prin. . the ion secured g To demanfor ded by tstatement he Beneficiary note ofor exc ed the maximum allowed by law al thertime when saidtstatement s demanded. amount 3. IT IS FURTHER AGREED THAT: a. That any award of damages In connection with any condemnation for public use It m n Injury to the Property or any part thereby and hereby same affect and ashall bes above aid to provided for Beneficiary whop may Of procesor release Su of fire or other Insurance. by him In the same manner and b. That by accepting payment of any sum secured hereby after Its due date,or aiter the filing of notice of default and of election to sell, Beneficiary shall not waive Its tight to require prompt payment when due of all other sums so secured,or to declare default for Benefi so to pay,or to proceed with the sale under any such notice of default and of election to sell,for any unpaid balance of said Indebtedness.If Beneficiary holds any additional security for any obligation secured hereby,it may enforce the agile thereat et Its option,either before,contemporaneously with,or after the sale Is made hereunder,and on any default of Trustor or Obligor, _ Beneficiary may,at Its option,offset against any Indebtedness owing by It to Trustor or Obligor,the whole or any part of the In• debtedness secured hereby. ment of any Indebtedness secured or C. the lion affecting the deed of trulst on thof e remainder of he P opertyTruster rforbthe full amouor,for the ntyof any Indebt dness unpaid.beneficiary and ` Trustee are respectively empowered as follows: — erson (t) Beneficiary b)extend the time or olherwlafrom time lme e alter the teams of payment of any oeany che Indebtedness,(e)accept additmentol ional security of the ttherefor (b any kind,Including deeds of trust e t mortgages,(d)alter,substltule or release any of the Property securing the In. debledness. est of map (2) Trustee or plat of the Properly (b)Ifntime,and rom time to ln granting Jany easemenon t oricreatintten g arty restriction thereon,(c)join In(a)consent to yany sulb9rdinall n or _-- out an warranty,all or any part r r..,ar—rhw Ilan or charge thereof or.(d)reconYSY-.1111 Y. ._ Y, _ other agrnemenk alWAir,a tel:dt:Cd-.•-_._...._ _ . of the Properly. d That Agreement of other writingtevidencingythe Indebtedness sec,he,all sums ured hereby end performaoured"reLy have been ncedof all obligations M.1ceftlion or of ttie Trustor and Oblige r herFgnder std thereunder,.and upon surrender of this Deed and acid note,guarent0Q;Agreement orotherevidence of In Description: San Joaguin,CA Document-Year.DoclD 1989.8349 Page: 2 of 4 Order: 5 Comment: -