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 />
|