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full name of Truster and the mailing address of Truster are set forth in Section 8.7 of this <br /> Deed of Trust. <br /> 5. Trustor Representations, Warranties And Covenants <br /> 5.1. Trustor's Estate. Trustor represents and warrants that Trustor is lawfully <br /> seized of the estate hereby conveyed and has the right to grant and convey the Property. <br /> Trustor agrees to warrant and defend generally the title to the Property against all claims <br /> and demands subject to any declarations, easements, or restrictions listed in the schedule <br /> of exceptions to coverage in any title insurance policy insuring Beneficiary's interest in the <br /> Property. <br /> 5.2 Performance of Covenants. Trustor will observe and perform all of <br /> Trustor's covenants and agreements set forth in the Secondary Unit Regulatory <br /> Agreement, this Deed of Trust, and all other instruments secured by the Property. <br /> 5.3 Maintenance of the Property. Trustor agrees: (a) to keep the Property in <br /> good repair and in decent, safe, sanitary, habitable condition and permit no waste thereof; <br /> (b) to repair, restore or rebuild promptly any Improvements that may be damaged or <br /> destroyed while subject to the lien of this Deed of Trust; (d) to comply with all applicable <br /> laws, ordinances and governmental regulations affecting the Property or requiring any <br /> alteration or improvement thereof, and not to suffer or permit any violations of any such <br /> law, ordinance or governmental regulation, nor of any covenant, condition or restriction <br /> affecting the Property; and (e) not to initiate or acquiesce in any change in any zoning or <br /> other land use or legal classification which affects any of the Property without the <br /> Beneficiary's written consent. If there arises a condition in contravention of this Section, <br /> and if the Trustor has not cured such condition within thirty (30) days after receiving a notice <br /> from Beneficiary of such a condition, then in addition to any other rights available to <br /> Beneficiary, Beneficiary shall have the right (but not the obligation) to perform all acts <br /> necessary to cure such condition, and to establish or enforce a lien or other encumbrance <br /> against the Property to recover its cost of cure. <br /> 5.4 Appear and Defend. Trustor shall appear in and defend any action or <br /> proceeding purporting to affect the Property or the rights or powers of the Beneficiary or <br /> Trustee, and shall pay all costs and expenses, including cost of evidence of title and <br /> attorney's fees in a reasonable sum, in any such action or proceeding in which the <br /> Beneficiary or Trustee may appear, and in any suit brought by the Beneficiary to foreclose <br /> this Deed of Trust. <br /> 5.5 Charges: Liens. Trustor shall pay prior to delinquency all taxes, <br /> assessments, and other charges, fines, and impositions affecting the Property directly to <br /> the payee thereof. Upon request of Beneficiary, Trustor shall promptly furnish to <br /> Beneficiary copies of all notices of such amounts due and shall promptly furnish to <br /> Beneficiary receipts evidencing all such payments made. Trustor shall pay when due <br /> each obligation secured by or reducible to a lien, charge or encumbrance which now does <br /> or later may encumber or appear to encumber all or part of the Property or any interest <br /> therein, whether or not such lien, charge or encumbrance is or would be senior or <br /> subordinate to this Deed of Trust. Trustor shall not be required to pay any tax, charge or <br /> assessment so long as Trustor is actively contesting its validity in good faith and by <br /> 18 <br />