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#Pine Street - Deed of Trust 201308873 court costs), claims and demands of any nature whatsoever arising from (a) any injury to, or the death of, any person or any damage to property on the Property or elsewhere or in any manner growing out of or connected with the use, non -use, condition, maintenance or occupancy of the Property or any part hereof or of adjoining property, streets, sidewalks or passageways, (b) any contracts, agreements, restrictions, statutes, laws, ordinances or regulations affecting the Trust Property or any part thereof or the ownership, occupancy or use thereof, or (c) any act or omission on the part of Trustor or any of its agents, employees, contractors, lessees, sublessees, licensees or invitees. In case any action, suit or proceeding is brought against Trustor or Beneficiary by reason of any occurrence herein described, Trustor will defend or cause to be defended such action, suit or proceeding with counsel reasonably satisfactory to Beneficiary at Trustor's expense. Trustor shall give Beneficiary prompt written notice of any casualty resulting in damage or destruction to the Property. Notwithstanding anything to the contrary contained herein, the insurance proceeds payable as a result of any such casualty shall be applied in Beneficiary's sole election to the outstanding indebtedness secured by this Deed of Trust, without premium, or to cost of restoration of the Trust Property. 5. Preservation and Maintenance of Property. Trustor shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. 6. Protection of Beneficiary's Rights in the Property. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take action under this paragraph 6, Beneficiary does not have to do so. Any amounts disbursed by Beneficiary under this paragraph 6 shall become additional debt of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Beneficiary to Trustor requesting payment. 7. Inspection. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary shall give Trustor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 8. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part any of the Properties, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Beneficiary.