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201405362 <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended <br />coverage insurance insuring the improvements and buildings constituting part of the Trust <br />Estate for an amount no less than the amount of the unpaid principal balance of the Note (co- <br />insurance not exceeding 80% permitted). Such insurance policy shall contain a standard <br />mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable <br />without ten (10) days prior written notice to Beneficiary. Trustor shall furnish Beneficiary a <br />certificate of insurance coverage at Beneficiary's request, with a provision in such certificate <br />that the insurer shall provide Beneficiary ten (10) days advance notice of any cancellation of <br />the policy at any time for any reason, or of expiration of policy without renewal thereof. <br />Trustor shall promptly repair, maintain, and replace the Trust Estate or any part thereof so <br />that, except for ordinary wear and tear, the Trust Estate shall not deteriorate, In no event shall <br />the Trustor commit waste on or to the Trust Estate. <br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, <br />state, and local environmental laws, ordinances, rules, requirements, regulations, and <br />publications as now existing or hereafter existing, amended, supplemented, or supplanted <br />relating to the preservation of the environment or the regulation or control of toxic or <br />hazardous substances or materials. Trustor hereby warrants and represents to Beneficiary <br />that there are no toxic or hazardous substances or materials on or under the Property. Trustor <br />does hereby indemnify and hold Beneficiary harmless and any successors to Beneficiary's <br />interest from and against any and all claims, damages, losses, and liabilities arising in <br />connection with the presence, use, disposal, or transport of any substance which is the subject <br />of any environmental law, regulation, or control of toxic or hazardous substances or materials <br />on, under, from, or about the Property. This indemnity shall survive reconveyance of the <br />Property secured by this Trust Deed. <br />5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and <br />contest any action or proceeding purporting to affect the security hereof or the rights or <br />powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or <br />Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the <br />manner provided in any of the Loan Instruments, Beneficiary and /or Trustee, in its own <br />discretion, without obligation so to do and without notice to or demand upon Trustor and <br />without releasing Trustor from any obligation, may make or do the same in such manner and <br />to such extent as either may deem necessary to protect the security hereof. Trustor shall, <br />immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by <br />Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including <br />without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. <br />Any such costs and expenses not paid within ten (10) days of written demand shall draw <br />interest at the default rate provided in the Note. <br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or <br />interest therein, be taken or damaged by reason of any public improvement or condemnation <br />proceeding, or in any other manner including deed in lieu of Condemnation ( "Condemnation "), <br />or should Trustor receive any notice or other information regarding such proceeding, Trustor <br />shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all <br />compensation, awards and other payments or relief therefor, and shall be entitled at its option <br />to commence, appear in and prosecute in its own name any action or proceedings. Beneficiary <br />shall also be entitled to make any compromise or settlement in connection with such taking or <br />damage. All such compensation, awards, damages, rights of action and proceeds awarded to <br />Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute <br />such further assignments of the Proceeds as Beneficiary or Trustee may require. <br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at <br />Beneficiary's option, prior to reconveyance of the Property to Trustor may make future <br />advances to Trustor. Such future advances, with interest thereon, shall be secured by this <br />Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby. <br />