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require 30 days' prior notice to Beneficiary before the policy is 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 pay all costs <br />and expenses, including costs of evidence of title and attorneys' fees, in any such action or proceeding in <br />which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this Deed of <br />Trust. <br />5. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before delinquency, all <br />taxes and assessments affecting the Property, including water stock assessments; (b) when due, all <br />encumbrances, charges and liens, with interest, on the Property, which are or appear to be prior or superior <br />to this Deed of Trust; and (c) upon demand all costs, fees and expenses of this Deed of Trust. If Trustor <br />fails to make any payment or to do any act provided for in this Deed of Trust, then Beneficiary or Trustee <br />may, 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 manner and <br />to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized <br />to enter upon the Property for such purposes; (ii) appear in or commence any action or proceeding <br />purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (iii) pay, purchase, <br />contest or settle any encumbrance, charge or lien which in the judgment of either appears to be senior to <br />this Deed of Trust; and (iv) in exercising any such powers, pay allowable expenses, including attorneys' <br />fees. <br />6. Reimbursement of Costs. Trustor shall pay upon demand all sums expended by Beneficiary <br />or Trustee provided for in this Deed of Trust or allowed by law, with interest from date of expenditure at <br />the maximum rate allowed by law. <br />7. No Waiver. By accepting payment of any sum after its due date, Beneficiary does not waive <br />its right either to require prompt payment when due of all other suns or declare a default for failure to pay. <br />S. Reconveyance. That upon written request of Beneficiary stating that the Secured Obligations <br />have been fulfilled, and upon surrender of this Deed of Trust, Trustee shall reconvey, without warranty, the <br />property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or <br />persons legally entitled thereto." <br />9. Assignment of Rents. Trustor hereby absolutely and unconditionally assigns to Beneficiary all <br />of the rents, issues, profits, royalties, revenues, income and other benefits (collectively, the "Rents") derived <br />from the Property, whether now due, past due or to become due, and hereby gives to and confers upon <br />Beneficiary, either directly or through a receiver, the right, power and authority, but not the obligation, to <br />collect the Rents, and to sue, either in the name of Trustor or Beneficiary, for all such Rents and to apply <br />the same to the indebtedness secured hereby in such order as Beneficiary may determine in its sole <br />discretion. This assignment of Rents is intended to create and shall be construed to create an absolute <br />assignment to Beneficiary of all of Trustor's right, title and interest in the Rents; provided, however, so long <br />as no default exists by Trustor in the payment of any indebtedness secured hereby, or in any other covenant <br />contained herein, or in said note or notes or in any other document evidencing or securing such <br />indebtedness, Trustor shall have the right to collect all Rents from the Property subject to the restrictions in <br />the Loan Agreement and to retain, use and enjoy the same. Upon the occurrence of such a default, without <br />the necessity of demand or other notice to Trustor or any other act to enforce Beneficiary's interest pursuant <br />to this assignment, Trustor shall have no interest whatsoever in the Rents that are received by Trustor after <br />a default, and all such Rents shall be received and held by Trustor in constructive trust for Beneficiary and <br />�u�raaa�jdxy�y <br />ATTY/AGR.2025.252/Habitat for Humanity (Client: David Manche) (2757 Bristol Way - Habitat Deed of Trust) (Page 2 of 7) <br />