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2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with Toss <br /> payable to Beneficiary. The amount collected under any fire or other insurance policy <br /> may be applied by Beneficiary upon indebtedness secured hereby and in such order as <br /> Beneficiary may determine, or at option of Beneficiary the entire amount so collected or <br /> any part thereof may be released to Trustor. Such application or release shall not cure or <br /> waive any default or notice of default hereunder or invalidate any act done pursuant to <br /> such notice. <br /> 3) To appear in and defend any action or proceeding purporting to affect the security hereof <br /> or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, <br /> including cost of evidence of title and attorney's fees in a reasonable sum, in any such <br /> action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought <br /> by Beneficiary to foreclose this Deed. <br /> 4) To pay, at least ten days before delinquency all taxes and assessments affecting said <br /> property, including assessments on appurtenant water stock; when due, all <br /> encumbrances, charges and liens, with interest, on said property or any part thereof, <br /> which appear to be prior or superior hereto; all cost, fees and expenses of this Trust <br /> Should Trustor fail to make any payment or to do any act as herein provided, then <br /> Beneficiary or Trustee, but without obligation so to do and without notice to or demand <br /> 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 <br /> the security hereof, Beneficiary or Trustee being authorized to enter upon said property <br /> for such purposes; appear in and defend any action purporting to affect the security <br /> hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or <br /> compromise any encumbrance, charge or lien which in the judgment of either appears to <br /> be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, <br /> employ counsel and pay his reasonable fees. <br /> 5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, <br /> with interest from date of expenditure at the amount allowed by law in effect at the date <br /> hereof, and to pay for any statement provided for by law in effect at the date hereof <br /> regarding the obligation secured hereby any amount demanded by the Beneficiary not to <br /> exceed the maximum allowed by law at the time when said statement is demanded. <br /> B. It is mutually agreed: <br /> 1) That any award in connection with any condemnation for public use of or injury to said <br /> property or any part thereof is hereby assigned and shall be paid to Beneficiary who may <br /> apply or release such moneys received by him in the same manner and with the same <br /> effect as above provided for disposition of proceeds of fire or other insurance. <br /> 2) That by accepting payment of any sum secured hereby after its due date, Beneficiary <br /> does not waive his right either to require payment when due of all other sums so secured <br /> or to declare default for failure so to pay. <br /> 3) That at any time or from time to time, without liability therefore and without notice, upon <br /> written request of Beneficiary and presentation of this Deed and said note for <br /> 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; <br /> consent to the making of any map or plat thereof; join in granting any easements <br /> thereon, or join in any extension agreement or any agreement subordinating the lien or <br /> charge hereof. <br /> (Continued on Page 2) <br /> 1193 (1/94) <br /> Page 1 of 3 <br />