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200001684 <br />C. Hazard Insurance. We shall, at our cost, keep the improvements now existing or later erected on the Property <br />insured.: against loss by fire, by hazards included within the term "extended coverage," and by such other hazards (collectively <br />referred to as "Hazards ") as Merrill Lynch may require. We shall maintain Hazard insurance for the entire term of the Agreement, or as <br />long as Merrill Lynch may require, in an amount equal to the lesser of (a) the maximum insurable value of the Property or (b) the <br />maximum amount of the Account plus the outstanding amount of any obligation prior to this Deed of Trust, but in no event shall such <br />amounts be less than the amount necessary to satisfy the coinsurance requirement contained in the insurance policy. <br />We may choose the insurance company subject to approval by Merrill Lynch, provided that such approval may not be <br />unreasonably withheld. All insurance policies, including renewals, must be in a form acceptable to Merrill Lynch and must include a <br />standard mortgagee clause in favor of and in a form acceptable to Merrill Lynch. Merrill Lynch shall have the right to hold the <br />policies and renewals, subject to the terms of any mortgage, deed of trust or other security agreement which is prior to this Deed of <br />Trust. If we pay the premiums directly, we shall promptly furnish to Merrill Lynch all renewal notices and, if requested by Merrill <br />Lynch, all receipts of paid premiums. If policies and renewals are held by any other person, we shall supply copies of them to <br />Merrill Lynch within ten (10) calendar days after they are issued. <br />In the event of loss, we shall give prompt notice to the insurance company and Merrill Lynch. Merrill Lynch may make <br />proof of loss if not made promptly by us. <br />Subject to the rights and terms of any mortgage, deed of trust or other security agreement which is prior to this Deed of <br />Trust, the amounts collected by us or Merrill Lynch under any Hazard insurance policy may, at Merrill Lynch's sole discretion, <br />either be applied to the sums secured by this Deed of Trust (after payment of all reasonable costs, expenses and attorneys' fees <br />necessarily paid or incurred by Merrill Lynch and us in this connection) and in whatever order Merrill Lynch may determine or be <br />released to us for use in repairing or reconstructing the Property. Merrill Lynch has the authority to do any of the above. <br />Regardless of any application or release by Merrill Lynch, as described above, this shall not cure or waive any default or notice of <br />default under this Deed of Trust or invalidate any act done pursuant to such notice. <br />If the Property is abandoned by us, or if we fail to respond to Merrill Lynch in writing within thirty (30) calendar days <br />from the date notice is given to us by Merrill Lynch that the insurance company offers to settle a claim for insurance benefits, <br />Merrill Lynch shall have the authority to settle the claim and to collect and apply the insurance proceeds at Merrill Lynch's sole <br />option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />If the Property is acquired by Merrill Lynch, all of our right, title and interest in and to any insurance proceeds resulting <br />from damage to the Property prior to such acquisition shall become the property of Merrill Lynch to the extent of the sums secured by <br />this Deed of Trust immediately prior to such acquisition. <br />5. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments We shall: <br />(a) use, improve and maintain the Property in compliance with applicable laws, statutes, ordinances, orders, requirements, decrees or <br />regulations; (b) keep the Property in good condition and repair, including the repair or restoration of any improvements on the <br />Property which may be damaged or destroyed, and shall pay when due all claims for labor performed and materials furnished <br />therefore; (c) not commit or permit waste or permit impairment or deterioration of the Property; and (d) fully and promptly comply <br />with the provisions of any lease if this Deed of Trust is on a leasehold. <br />If this Deed of Trust is on a unit in a condominium project or a planned unit development, we shall promptly perform <br />all of our obligations under the declaration or covenants creating or governing the condominium project or planned unit <br />development, and the by -laws, regulations and other documents of the condominium project or planned unit development, including <br />any amendments. If a condominium or planned unit development rider is executed by us and recorded together with this Deed of <br />Trust, the covenants and agreements of that rider shall become a part of this Deed of Trust as if the rider were included in this <br />document itself. <br />6. Protection of Merrill Lunch's Security. We shall appear in and defend any action or proceeding purporting to affect <br />the security of this Deed of Trust or the rights or powers of Merrill Lynch or Trustee under this Deed or Trust. <br />If we fail to do what is required of us in this Deed of Trust or the persons who sign the Agreement fail to do what is <br />required of them under the Agreement, or if any action or proceeding is commenced naming Merrill Lynch as a party or affecting <br />Merrill Lynch's interest in the Property or the rights or powers of Merrill Lynch or Trustee, then Merrill Lynch or Trustee without <br />demand upon us but upon notice to us as provided in paragraph 11 below, may, without releasing us from any obligation under this <br />Deed of Trust, do whatever Merrill Lynch or Trustee believes is necessary, including any disbursement of funds, to protect the <br />security of this Deed of Trust. <br />If Merrill Lynch has required mortgage insurance as a condition of opening the Account, we shall pay the premiums <br />required to maintain that insurance in effect until it is no longer required by Merrill Lynch or applicable law. <br />Any amounts disbursed by Merrill Lynch or Trustee pursuant to this paragraph 6, with interest at the variable interest <br />rate in effect under the Agreement from time to time, shall be paid by us and are secured by this Deed of Trust. Unless we agree, in <br />writing, with Merrill Lynch to other terms of payment, such amounts shall be payable upon request of Merrill Lynch. Neither <br />Merrill Lynch nor Trustee are ever required to incur any expense or take any action under this Deed of Trust and any action taken <br />shall not release us from any obligation in this Deed of Trust. <br />7. Inspection. Merrill Lynch may make or cause to be made reasonable entries upon and inspections of the Property. <br />Unless it is an emergency, Merrill Lynch shall give us notice (see paragraph 11 below) prior to an inspection specifying reasonable <br />cause for the inspection. <br />