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and attorney's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may
<br /> 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 assessment affecting said property,
<br /> including assessments on appurtenant water stock; when due, all incumbrances, charges and liens, with
<br /> 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 fail to make any payment or to do any act as herein provided,then Beneficiary or
<br /> Trustee,but without obligation so to do 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 manner and to such extent as either may
<br /> deem necessary to protect the security hereof,Beneficiary or Trustee being authorized to enter upon said
<br /> property for such purposes;appear in and defend any action or proceeding purporting to affect the security
<br /> hereof or the rights or powers of Beneficiary of Trustee; pay, purchase, contest or compromise any
<br /> encumbrance,charge or lien which in the judgment of either appears to be prior or superior hereto;and,in
<br /> exercising any such powers,pay necessary expenses,employ counsel and pay his reasonable fees.
<br /> (5)To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with
<br /> interest from date of expenditure at the amount allowed by taw in effect at the date hereof,and to pay for any
<br /> statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount
<br /> demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is
<br /> demanded.
<br /> (6)That any award of damages in connection with any condemnation for public use of or injury to said
<br /> property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such
<br /> moneys received by him in the same manner and with the same effect as above provided for disposition of
<br /> proceeds of fire or other insurance.
<br /> (7)That by accepting payment of any sum secured hereby after its due date,Beneficiary does not
<br /> waive his right either to require prompt payment when due of all other sums so secured or to declare defautt far
<br /> failure so to pay.
<br /> (8)That at any time or from time to time,without liability therefor and without notice,upon written
<br /> request of Beneficiary and presentation of this Deed and said note for endorsement,and without affecting the
<br /> personal liability of any person for payment of the indebtedness secured hereby. Trustee may;reconvey any
<br /> part of said property;consent to the making of any map or plat thereof;join in granting any easement thereon;
<br /> or join in any extension agreement or any agreement subordinating the lien or charge hereof.
<br /> (9)That upon written request of Beneficiary stating that all sums secured hereby have been paid,and
<br /> upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its
<br /> fees, Trustee shall reconvey, 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
<br /> reconveyance may be described as"The person or persons legally entitled thereto." Five years after issuance of
<br /> such full reconveyance,Trustee may destroy said note and this Deed(unless directed in such request to retain
<br /> them).
<br /> (10)That as additional security,Trustor hereby gives to and confers upon Beneficiary the right,power
<br /> and authority,during the continuance of these Trusts,to collect the rents,issues and profits of said property,
<br /> reserving unto Trustor the right,prior to any default by Trustor 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
<br /> become due and payable. Upon any such default,Beneficiary may at any time without notice,either in person,
<br /> by agent,or by a receiver to be appointed by a court,and without regard to the adequacy of any security for the
<br /> indebtedness hereby secured,enter upon and take possession of said property or any part thereof,in his own
<br /> name sue for or otherwise collect such rents,issues and profits,including those past due and unpaid,and apply
<br /> the same,less costs and expenses of operation and collection,including reasonable attorney's fees. Upon and
<br /> indebtedness secured hereby,and in such order as Beneficiary may determine. The entering upon and taking
<br /> possession of said property,the collection of such rents, issues and profits and the application thereof as
<br /> aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant
<br /> to such notice.
<br /> (11)That upon default by Trustor in payment of any indebtedness secured hereby or in performance of
<br /> any agreement hereunder,Beneficiary may declare all sums secured hereby immediately due and payable by
<br /> delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of
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<br /> Order: Non-Order Search Doc:CASANJ:2010 00082462 Page 2 of 4 Created By:tullyb Printed:5/31/2012 3:53:27 PM PST
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