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DO NOT RECORD
<br />APN:OSS-161-340
<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 />staled 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 pay
<br />when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring
<br />any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer, or permit any act
<br />upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character
<br />or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general.
<br />(2) To provide, maintain and deliver to Beneficiary, fire insurance satisfactory to and with loss payable to Beneficiary. The amount
<br />collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in
<br />such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be
<br />released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any
<br />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
<br />or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees In a reasonable sum, in any
<br />such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this
<br />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, which
<br />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 obligation
<br />so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do
<br />the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee
<br />being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect
<br />the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance,
<br />charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay
<br />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 expenditure
<br />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 the date
<br />hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by
<br />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 thereof
<br />is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner
<br />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 staling that all sums secured hereby have been paid, and upon surrender of this Deed
<br />and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the
<br />property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness
<br />thereof. The Grantee in such reconveyance maybe described as "the person or persons legally entitled thereto." Five years after
<br />issuance of such full reconveyance, Trustee may destroy said note and this Deed (unless directed in 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 without
<br />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 part thereof, in his own name sue for
<br />or othermse collect such, rents, issues and profits, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such
<br />order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues
<br />and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate
<br />any act done pursuant to such notice.
<br />INITIAL
<br />FD -21 B (Rev. 4/94) SHORT FORM DEED OF TRUST Page No. 4 of 6
<br />ATTY/AGR/2018.027.3/MIDPEN MOSAIC GARDENS (ATHERTON COURT) DEED OF TRUST
<br />REV: 02-22-18 JS
<br />Page 4 of 8
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