RecD05 2005-141300 - Laserfiche WebLink

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performance of each agreement of Trustor incorporated herein by reference or contained herein. A. To protect the security of this Deed of Trust, Trustor agrees: 1. Consistent with construction of the Project, as that term is defined in the Agreement, to maintain the property in good condition and repair; not to remove or demolish any building or improvement thereon; to complete promptly in a workmanlike manner any improvement hereafter constructed thereon and to restore promptly in a workmanlike manner any improvement thereon that is damaged or destroyed, and to pay when due all costs incurred therefor or in connection therewith; to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; not to commit or knowingly permit any waste thereof or any act upon the property in violation of law or of covenants, conditions or restrictions affecting the property, except to the extent expressly agreed to in writing by Beneficiary. 2. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and also, if at any time Beneficiary or Trustee is a party to or appears in any such action or proceeding, or in any action or proceeding to enforce any obligation hereby secured, to pay all reasonable costs and expenses paid or incurred by them or either of them in connection therewith, including, but not limited to, cost of evidence of title and attorneys' fees in a reasonable sum; provided, that such costs and attorneys' fees in any action between Trustor and Beneficiary or Trustor and Trustee shall only be paid if Beneficiary and/or Trustee is the prevailing party. 3. To pay (a) before delinquency, all taxes and assessments affecting the property, and all rents, assessments and charges for water appurtenant to or used in connection with the property; and (b) when due, all encumbrances, charges and liens, with interest, on the property or any part thereof, which appear to be prior or superior hereto. 4. If Trustor fails to make any payment or to do any act as herein provided, then Beneficiary or Trustee (but without obligation so to do, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation hereof) may (a) make or do the same in such manner and to such extent as either deems necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon the property for such purpose to the extent reasonably required; (b) appear in or commence any action or proceeding purporting to affect the security 2 REDW\OOO6\DOC\O25