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3. Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards included
<br />with the term "extended coverage," and any other hazards for which Beneficiary requires
<br />insurance, and liability insurance. The insurance carrier and the insurance policies and amounts
<br />of coverage shall be acceptable to Beneficiary, the liability policy shall name Beneficiary as an
<br />additional insured, and shall require 30 days' prior notice to Beneficiary before the policy is
<br />modified or terminated.
<br />4. Defense of Security. Trustor shall appear in and defend any action or proceeding
<br />purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall
<br />pay all costs and expenses, including costs of evidence of title and attorneys' fees, in any such
<br />action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by
<br />Beneficiary to foreclose this Deed of Trust.
<br />5. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before
<br />delinquency, all taxes and assessments affecting the Property, including water stock
<br />assessments; (b) when due, all encumbrances, charges and liens, with interest, on the
<br />Property, which are or appear to be prior or superior to this Deed of Trust; and (c) upon
<br />demand all costs, fees and expenses of this Deed of Trust. If Trustor fails to make any
<br />payment or to do any act provided for in this Deed of Trust, then Beneficiary or Trustee may,
<br />without obligation to do so, and with or without notice to or demand upon Trustor, and without
<br />releasing Trustor from any obligation under this Deed of Trust: (i) make or do the same in such
<br />manner and to such extent as either may deem necessary to protect the security, Beneficiary or
<br />Trustee being authorized to enter upon the Property for such purposes; (ii) appear in or
<br />commence any action or proceeding purporting to affect the security, or the rights or powers of
<br />Beneficiary or Trustee; (iii) pay, purchase, contest or settle any encumbrance, charge or lien
<br />which in the judgment of either appears to be senior to this Deed of Trust; and (iv) in exercising
<br />any such powers, pay allowable expenses, including attorneys' fees.
<br />6. Reimbursement of Costs. Trustor shall pay upon demand all sums expended by
<br />Beneficiary or Trustee provided :for in this Deed of Trust or allowed by law, with interest from
<br />date of expenditure at the maximum rate allowed by law.
<br />7. No Waiver. By accepting payment of any sum, after its due date, Beneficiary does not
<br />waive its right either to require prompt payment when due of all other sums or declare a default
<br />for failure to pay.
<br />8. Reconveyance. That upon written request of Beneficiary stating that the Secured
<br />Obligations have been fulfilled, and upon surrender of this Deed of Trust, Trustee shall
<br />reconvey, without warranty, the property then held hereunder. The recitals of such
<br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The
<br />grantee in such reconveyance may be described as "the person or persons legally entitled
<br />thereto."
<br />9. Assignment of Rents. Trustor hereby absolutely and unconditionally assigns to
<br />Beneficiary all of the rents, issues, profits, royalties, revenues, income and other benefits
<br />(collectively, the "Rents") derived from the Property, whether now due, past due or to become
<br />due, and hereby gives to and confers upon Beneficiary, either directly or through a receiver, the
<br />right, power and authority, but not the obligation, to collect the Rents, and to sue, either in the
<br />REV: 07-07-22 SK
<br />ATTY/AGR.2022.169/Hugo Alberto Zarco Vargas & Andrea Vergara Cardenas (Performance Deed -1231 Warren St, #105) (Page 2 of 11)
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