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5 <br /> Which real property is not used principally for agricultural or farming purposes,together <br /> with all the tenements, hereditaments, and appurtenances now or hereafter thereunto <br /> belonging or in any wise appertaining, and the rents, issues, and profits thereof. <br /> This Deed of Trust is to secure Grantor's performance of all obligations assumed in <br /> Washington State Department of Transportation Agreement No. RR-00344 dated <br /> September 13, 2006, and to secure reimbursement of any funds due under the terms of <br /> the agreement in the event of a failure to perform or other breach of that agreement. <br /> The Beneficiary shall reconvey its interests under this Deed of Trust to the Grantor upon <br /> full and satisfactory completion of the project described in Exhibit A of said Washington <br /> State Department of Transportation Agreement No. RR-00344 in accordance with the <br /> terms of that agreement. <br /> To protect the security of this Deed of Trust, Grantor covenants and agrees: <br /> 1. To keep the real property in good condition and repair;to permit no extinguishment <br /> thereof; and to comply with all laws, ordinances, regulations, covenants, conditions, <br /> and restrictions affecting the property. <br /> 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep <br /> the property free and clear of all other charges, liens, or encumbrances impairing the <br /> security of this Deed of Trust. <br /> 3. The amount collected under any insurance policy pertaining to any of the Property <br /> described in Attachment A attached hereto may be applied upon any indebtedness <br /> hereby secured in such order as the Beneficiary shall determine, subject to the rights <br /> of any priority lien creditor to that Property. Such application by the Beneficiary shall <br /> not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the <br /> event of foreclosure, all surviving rights of the Grantor in insurance policies then in <br /> force shall pass to the purchaser at the foreclosure sale. <br /> 4. To defend any action or proceeding purporting to affect the security hereof or the <br /> rights or powers of the Beneficiary or Trustee, and to pay all costs and expenses, <br /> including costs of title search and attorney's fees, in a reasonable amount in any such <br /> action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of <br /> Trust. <br /> 5. To pay all costs, fees, and expenses in connection with this Deed of Trust, including <br /> the expenses of the Trustee incurred in enforcing the obligation(s) secured hereby and <br /> attorney's fees actually incurred, as provided by statute. <br /> 6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, <br /> liens, encumbrances, or other charges against the property hereinabove described, <br /> Beneficiary may pay the same, and the amount so paid, with interest at the rate set <br /> forth in the Loan Agreement secured hereby, shall be added to and become a part of <br /> the debt secured by this Deed of Trust. <br /> IT IS MUTUALLY AGREED THAT: <br /> 1. In the event any portion of the property is taken or damaged in an eminent domain <br /> proceeding, subject to the rights of any priority lien creditor to that Property, any <br /> 19 <br />