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shall be vested with all powers of the original trustee. The Trustee is not obligated to notify any <br /> party hereto of pending sale under any other Deed of Trust or of any action or proceeding in <br /> which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is <br /> brought by the Trustee. <br /> 8. This Deed of Trust applies to and inures to the benefit of, and is binding not only on <br /> the parties hereto, but on their heirs, devisees, legatees, administrators,executors and assigns. <br /> The term Beneficiary shall also mean the holder and owner of the Note secured hereby,whether <br /> or not named as Beneficiary herein. <br /> GRANTOR FURTHER AGREES: <br /> 1. Grantor will perform each and every obligation contained in the Agreement and any <br /> amendments thereof. <br /> 2. Grantor will ensure that the Property will be used pursuant to the terms of the Use <br /> Restriction Covenant entered into between the Grantor and the Beneficiary without regard to <br /> the term of any other deed of trust or the transfer of ownership of the Property. Grantor agrees <br /> that the Use Restriction Covenant does not terminate upon foreclosure of this Deed of Trust or <br /> transfer in lieu of foreclosure, and the Property will remain subject to the Use Restriction <br /> Covenant after foreclosure of this Deed of Trust or transfer in lieu of foreclosure. <br /> 3. If Grantor shall fail to perform any obligation hereunder and the Beneficiary elects to <br /> perform the same and expends any money therefor, such expenditure shall be deemed in <br /> addition to the amount secured by this Deed of Trust and be immediately due and payable in <br /> accordance with the loan documents. <br /> 4. If Grantor fails to make payment on the sum secured hereunder when due, or <br /> defaults under the terms of the foregoing agreement or any Loan Document, and after any <br /> applicable cure period has expired without the correction of the default, at the option of the <br /> Beneficiary, the whole indebtedness secured thereby shall be due and payable in accordance <br /> with the Loan Documents and the Beneficiary may proceed to foreclose this Deed of Trust. If <br /> the Beneficiary shall incur any costs and expenses, including reasonable attorneys' fees and <br /> costs of any title reports, in connection with the performance of any of its rights hereunder <br /> including foreclosure, such costs and expenditures shall remain secured by this Deed of Trust <br /> and shall be immediately due and payable by Grantor. <br /> (THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY.] <br /> Deed of Trust Page 4 <br />