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APN: 053-164-1401 DO NOT RECORD
<br /> The following is a copy of provisions (1 ) to (14), inclusive, of the fictitious deed of trust, recorded in each county of California, as
<br /> 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
<br /> 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 building thereon; to complete or restore
<br /> promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to
<br /> pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or
<br /> requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer, or
<br /> permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which
<br /> from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the
<br /> general.
<br /> (2) To provide, maintain and deliver to Beneficiary, fire insurance satisfactory to and with loss payable to Beneficiary. The
<br /> amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby
<br /> and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof
<br /> may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or
<br /> 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
<br /> Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable
<br /> sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to
<br /> foreclose this Deed.
<br /> (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on
<br /> appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof,
<br /> which appear to be prior or superior hereto; all costs, fees and expenses of this Trust.
<br /> Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without
<br /> obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may:
<br /> make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof,
<br /> Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or
<br /> proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or
<br /> compromise any 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 interest from date of
<br /> 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
<br /> the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum
<br /> allowed by law at the time when said statement is demanded.
<br /> (6) That any award of damages in connection with any condemnation for public use of or injury to said property or any part
<br /> thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same
<br /> manner and with the same effect as above provided for disposition of proceeds of fire or other insurance.
<br /> (7) That by accepting payment of any sum secured hereby after is due date, Beneficiary does not waive his right either to require
<br /> prompt payment when due of all other sums so secured or to declare 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
<br /> presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of
<br /> the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat
<br /> thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or
<br /> charge hereof.
<br /> (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this
<br /> Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without
<br /> warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof
<br /> of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled
<br /> thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed (unless directed in
<br /> such request to retain them).
<br /> (10) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority, during the
<br /> continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any
<br /> default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and
<br /> retain such rents, issues, and profits as they become due and payable. Upon any such default, Beneficiary may at any time
<br /> 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
<br /> security for the 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 the same, less
<br /> costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby,
<br /> and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of
<br /> such rents, issues and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default
<br /> hereunder or invalidate any act done pursuant to such notice.
<br /> (11 ) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement
<br /> hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written
<br /> declaration of default and demand for sale and of written notice of default and election to cause to be sold said property, which
<br /> notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all
<br /> documents evidencing expenditures secured hereby.
<br /> INITIALS
<br /> FD-21 B (Rev. 4/94) SHORT FORM DEED OF TRUST Page No. 4 of 6
<br /> REV: 06-28-16 VR
<br /> Page 33 of 37
<br /> ATTY/AGR.2016.169/HHDC Pine-Middlefield Rehabilitation
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