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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 <br /> stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at <br /> 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 <br /> promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to <br /> pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said propeRy or <br /> requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer, or <br /> permit any act upon said property in violation of law;to cultivate,irrigate,fertilize,fumigate,prune and do all other acts which from <br /> the character or use of said property may be reasonably necessary,the specific enumerations herein not exGuding the general. <br /> (2) To provide, maintain and deliver to Beneficiary, fire insurance satisfactory to and with loss payable to Beneficiary. The <br /> amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby <br /> and in such order as Beneficiary may determine,or at option of Beneficiary the entire amount so collected or any part thereof may <br /> be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate <br /> any act done pursuant to such notice. <br /> (3)To appear in and defend any action or proceeding purpoRing to affect the security hereof or the rights or powers of Beneficiary <br /> or Trustee;and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum,in any <br /> such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this <br /> Deed. <br /> (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on <br /> appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, <br /> which appear to be prior or 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 <br /> obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: <br /> make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof,Beneficiary <br /> or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding <br /> purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise <br /> any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any <br /> 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 <br /> expenditure at the amount allowed by law in effect at the date hereof,and to pay for any statement provided for by law in effect at <br /> the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum <br /> allowed by law at the time when said 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 paR thereof <br /> is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner <br /> and with the 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 <br /> prompt 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 endorsement,and without affecting the personal liability of any person for payment of <br /> the indebtedness secured hereby, Trustee may: reconvey any paR of said property; consent to the making of any map or plat <br /> thereof;join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or <br /> charge hereof. <br /> (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this <br /> Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without <br /> warranty,the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof <br /> of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled <br /> thereto." Five years after issuance of such full reconveyance,Trustee may destroy said note and this Deed (unless directed in <br /> 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 these Trusts,to collect the rents, issues and profits of said property,reserving unto Trustor the right, prior to any <br /> default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,to collect and <br /> retain such rents, issues, and profits as they become due and payable. Upon any such default, Beneficiary may at any time <br /> without notice,either in person,by agent,or by a receiver to be appointed by a court,and without regard to the adequacy of any <br /> security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own <br /> name sue for or otherwise collect such, rents, issues and profits, including those past due and unpaid, and apply the same,less <br /> costs and expenses of operation and collection, including reasonabie attorney's fees, upon any indebtedness secured hereby, <br /> and in such order as Beneficiary may determine. The entering upon and taking possession of said property,the collection of such <br /> rents, issues and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default <br /> hereunder or 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 <br /> hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written <br /> declaration of default and demand for sale and of written notice of default and election to cause to be sold said property,which <br /> notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all <br /> 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 />