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APN 053-25-251 053-25-252 DO NOT RECORD <br /> <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 stated <br /> in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust m being a part thereof as if set forth at length therein. <br /> <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 promptly <br /> and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to pay when due all <br /> .claims for labor performed and materials furnished therefor; to comply with ail laws affecting said properly or requiring any alterations or <br /> Improvements to be made thereon; not to commit or permit waste thereof; not to colranit, suffer, or permit any act upon said property in <br /> violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may <br /> be reasonably necessary, the specific enumerations herein not excluding the ganerai. <br /> (2) To provide, maintain and deliver to Beneficiary, fire insurance satisfactory to and with loss payable to Beneficiary. The amount <br /> collected ' <br /> under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness seem'ed hereby and in such order <br /> as Beneficiary may determine, or at option of Beneficiary the entire mount so collected or any part theleof may be released to Truator. <br /> Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such <br /> notice. <br /> (3) To appear in and defend any action or proceeding purporting to affect the sueurity hereof or the rights or powers of Beneficiary or <br /> Trustee; and to pay ail costs and expenses, including cost of evidence of rifle and aaoroey's fees in a reasonable sum, n any such action or <br /> proceeding in which Beneficiary or Trustee may appear, and in any su t brought by Beneficiary to foreclose this Deed. <br /> (4) To pay: at least ten days before delinquency all taxes and assussments affac~ing said property, including assessments on appurtenant <br /> water stocl~ when due, ail encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or <br /> 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 so <br /> to do and vnthout notice to or demand upon Trustor and vnthout releasing Trustor from any obhgafion hereof, may: make or do the same <br /> n such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to <br /> enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the <br /> rights or powers of Baneficiary or Trustee; pay, porehase, contest or compromise any eneumbrence, charge or lien which in the judgment <br /> of aither appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his <br /> reasonable fees. <br /> (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the <br /> amount allowed by law in effant at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding <br /> the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said <br /> 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 is <br /> hereby assigned a~d shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the <br /> 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 prompt <br /> 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 indorsement, and without affacting the personal liability of any person for payment of the <br /> indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in <br /> granting any easement thereon; or join in my 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 upon surrender of this Deed and said <br /> note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then <br /> held hereunder. The recitals in such reeonveyance of any matters or facts shall be eonalusive proof of the truthfulness thereof. The <br /> Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of such full <br /> 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 tbesu Trusts, to collect the rents, issues and profits of said properly, reserving unto Trustor the right, prior to any default by <br />?ustor in payment of any indebtedness secered hereby or in performance of any agreement hereunder, to eolleat and retain such rents, <br />~ssues, and profits as they become due and payable. Upon any such default, Benefidary 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 edequaey of any security for the indebtedness hereby <br />secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such, rents, <br />issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including <br />reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon <br />and taking possession of said property the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not <br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />(I 1) That upon default by Trnstor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, <br />Beneficiary may declare all sums secured hereby immed ately due and payable by delivery to Trustee of written declaration of default and <br />demand for sale and of written notice of defanlt and elantian to cause to be sold said property, which notice Trustee shall cause to be filed <br />for record. Beneficiary also shall deposit with Trustee this Deed, saidnote and all documents evidencing expenditures secured hereby. <br /> <br /> INITIALS <br />FD-21B (Rev. 4/94) SHORT FORM DEED OF TRUST Page No. 3 of 4-- <br /> <br /> <br />