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04/08/2013 <br /> APN: 059-034-280 DO NOT RECORD <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 in the <br /> foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. <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 and in <br /> good and workmanlike manner any building which may be constructed,damaged,or destroyed thereon and to pay when due all claims for <br /> labor performed and materials furnished therefor;to comply with all laws affecting said property or requiring any alterations or improvements <br /> to be made thereon;not to commit or permit waste thereof;not to commit,suffer,or permit any act upon said property in violation of law;to <br /> cultivate,irrigate,fertilize,fumigate,prune and do all other acts which from the character or use of said property may be reasonably necessary, <br /> the specific enumerations herein not excluding the general. <br /> (2)To provide,maintain and deliver to Beneficiary,fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected <br /> under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary <br /> may determine,or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or <br /> release shall not cure or waive any default or notice of defauit hereunder or invalidate any act done pursuant to such notice. <br /> (3)To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; <br /> and to pay all costs and expenses,including cost of evidence of title and attorney's fees in a reasonable sum,in any such action or proceeding in <br /> which Beneficiary or Trustee may appear,and in any suit brought by Beneficiary to foreclose this Deed. <br /> (4)To pay:at least ten days before delinquency all taxes and assessments affecting said property,including assessments on appurtenant water <br /> stock;when due,all encumbrances,charges and liens,with interest,on said property or any part thereof,which appear to be prior or superior <br /> 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 to do <br /> and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof,may:make or do the same in such <br /> manner and to such extent as either may deem necessary to protect the security hereof,Beneficiary or Trustee being authorized to enter upon <br /> said property for such purposes;appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers <br /> of Beneficiary or Trustee;pay,purchase,contest or compromise any encumbrance,charge or lien which in the judgment of either appears to be <br /> prior or superior hereto;and,in exercising any such powers,pay necessary expenses,employ counsel and pay his 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 effect at the date hereof,and to pay for any statement provided for by law in effect at the date hereof regarding the <br /> 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 hereby <br /> assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect <br /> 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 defautt 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 presentation of <br /> this Deed and said note for endorsement,and without affecting the personal liability of any person for payment of the indebtedness secured <br /> hereby,Trustee may: reconvey any part of said property;consent to the making of any map or plat thereof;join in granting any easement <br /> thereon;orjoin in any extension agreement or any agreement subordinating the lien orcharge 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 held <br /> hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such <br /> reconveyance may be described as"the person or persons legally entitled thereto." Five years after issuance of such full reconveyance,Trustee <br /> 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 continuance of <br /> these Trusts,to collect the rents,issues and profits of said property,reserving unto Trustor the right,prior to any default by Trustor in payment <br /> of any indebtedness secured hereby or in performance of any agreement hereunder,to collect and retain such rents,issues,and profits as they <br /> become due and payable. Upon any such defauit,Beneficiary may at any time without notice,either in person,by agent,or by a receiver to be <br /> appointed by a court,and without regard to the adequacy of any security for the indebtedness hereby secured,enter upon and take possession <br /> of said property or any part thereof,in his own name sue for or otherwise collect such,rents,issues and profits,including those past due and <br /> unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable attorney's fees,upon any indebtedness <br /> secured hereby,and in such order as Beneficiary may determine. The entering upon and taking possession of said property,the collection of <br /> such rents,issues and profits,and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or <br /> invalidate any act done pursuant to such notice. <br /> (11)That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,Beneficiary <br /> may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale <br /> and of written notice of default and election to cause to be sold said property, which notice Trustee shall cause to be filed for record. <br /> Beneficiary also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby. <br /> INITIALS <br /> FD-21 B (Rev. 4/94) SHORT FORM DEED OF TRUST Page No.4 of 6 <br /> ATTY/AGR/2013.043/KAINOS-1033 REDWOOD AVE <br /> REV:03-28-13 VR <br /> Page 30 of 34 <br /> RESO.#15256 <br /> MUFF#304 <br />