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<br />to the proceeds of fire and other insurance policies for damage prior to the sale, which proceeds are not
<br />received prior to the date of said sale, shall belong to Beneficiary.
<br />5. Taxes and Other Sums Due: To pay, satisfy and discharge, at least ten (10) days before
<br />delinquency, all general and special taxes and assessments affecting such property, and in no event later than
<br />the date such amounts become due: (1) all encumbrances, charges and liens, with interest, on such property,
<br />or any part thereof, which re, or appear to Beneficiary to be prior to or superior hereto, (2) all costs, fees and
<br />expenses of this trust, whether or not described herein, (3) fees or charges for any statement regarding the
<br />obligation secured hereby in any amount demanded by Beneficiary, not to exceed the maximum amount
<br />allowed by law therefor at the time when such request is made, (4) such other charges as the Beneficiary may
<br />deem reasonable for services rendered by Beneficiary and furnished at the request of Trustor or any
<br />successor in interest to Trustor, (5) if such property includes a leasehold estate, all payments and obligations
<br />required of the Trustor, or his successor in interest, under the terms of the instrument or instruments creating
<br />such leasehold, Trustor hereby agreeing not to amend, change, or modify his leasehold interest or the terms
<br />on which he has such leasehold interest, or to agree to do so, without the written consent of Beneficiary being
<br />first obtained, (6) all payments and monetary obligation required of the owner of such property under any
<br />declaration of covenants, conditions and restrictions pertaining to such property or any modification thereof.
<br />Should Trustor fail to make any such payment, Beneficiary, without contesting the validity or amount, may
<br />elect to make or advance such payment, together with any costs, expenses, fees or charges relating thereto,
<br />including employing counsel and paying his reasonable fees. Trustor agrees to notify Beneficiary
<br />immediately upon receipt of Trustor of notice of any increase in the assessed value of such property and
<br />agrees that Beneficiary, in the name of Trustor, may contest by appropriate proceedings such increase in
<br />assessments.
<br />In the event of the passage of any law deducting form the value of real property for the purpose of
<br />taxation any lien thereon, or changing in any way the laws for the taxation of deeds of trust or debts secured
<br />by deeds of trust for state or local purposes, or the manner of the collection of any such taxes, so as to affect
<br />this Deed of Trust, the holder of this Deed of Trust and of the obligations which it secures shall have the right
<br />to declare all sums secured hereby due as of a date to be specified by not less than 30 days' written notice to
<br />be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is
<br />permitted by law to pay the whole of such tax in addition to all other payments required hereunder and if,
<br />prior to such specified date, does pay such tax and agrees to pay any such tax when hereafter levied or
<br />assessed against such property.
<br />6. Sums Advanced to Bear Interest: To pay immediately upon demand any sums advanced or paid by
<br />Beneficiary or Trustee under any clause or provision of this Deed of Trust. Any such sums, until so repaid,
<br />shall be secured hereby and bear interest from the date advanced or paid at the same rate as the Promissory
<br />Note and shall be secured by this Deed of Trust.
<br />7. Assignment of Deposits: That as further additional security if this be a construction loan, Trustor
<br />hereby transfers and assigns to Beneficiary during continuance of these Trusts, all right, title and interest to
<br />any and all monies deposited by Trustor or deposited on behalf of Trustor with any city, county, public body
<br />or agency, sanitary district, gas and/or electric company, telephone company and any other body or agency,
<br />for the installation or to secure the installation of any utility by Trustor, pertaining to such property.
<br />8. Failure of Trustor to Comply with Deed of Trust: Should Trustor fail to make any payment, or to
<br />do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,
<br />or do any act Trustor agreed not to do, Trustor shall be in default under this Deed of Trust. Beneficiary, but
<br />without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from
<br />any obligation hereof and without contesting the validity or amount of the same, may (a) make or do the
<br />same in such manner and to such extent as it may deem necessary to protect the security hereof, Beneficiary
<br />being authorized to enter upon such property for such purposes, and (b) pay, purchase, contest or
<br />compromise any encumbrance, charge or lien, which in its judgment is or appears to be prior or superior
<br />hereto, and (c) in exercising any such power, pay necessary expenses, employ counsel and pay his reasonable
<br />fees. Trustor agrees to repay any amount so expended on demand of Beneficiary.
<br />9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such
<br />property, whether or not it affects the security hereof, or purporting to affect the rights or powers of
<br />Beneficiary of Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for
<br />any damage to or destruction of such property, and either Trustee or Beneficiary is hereby authorized without
<br />obligation so to do, to commence, appear in or defend any such action, whether brought by or against
<br />Trustor, Beneficiary or Trustee, or with or without suit, to exercise or enforce any other right, remedy or
<br />power available or conferred hereunder, whether or not judgment be entered in any action or proceeding; and
<br />Trustor or Beneficiary may appear to intervene in any action or proceeding, and retain counsel therein; and
<br />take such action therein, as either may be advised and may settle, compromise or pay the same or any other
<br />claims and, in the behalf and for any of said purposes, may expend and advance such sums of money as
<br />either may deem necessary. Whether or not Trustor so appears or defends, Trustor on demand shall pay all
<br />costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a
<br />reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of
<br />being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee
<br />in such property is directly questioned by such action, including but not limited to any action for the
<br />condemnation or partition of such property.
<br />10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest or Trustor,
<br />whether by way of judgment, settlement or otherwise, (a) for injury or damage to such property, or (b) in
<br />connection with any condemnation for public use or injury to such property or any part hereof, or (c) in
<br />connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action,
<br />whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes
<br />of action for fraud or concealment of a material fact, together with the settlements, proceeds, award and
<br />damages, direct and consequential, in connection therewith, are absolutely and irrevocably assigned and shall
<br />be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commerce, intervene in, appear in and
<br />prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection
<br />with any such taking or damage. Trustor agrees to execute such further assignment of any compensation,
<br />award, damages, rights of action and proceeds as Beneficiary may require.
<br />8123.CV (8/14) 9160018
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