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200106904 <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the <br />term "extended coverage ", and such other hazards as Lender may require, in amounts and with <br />companies acceptable to Lender, and with loss payable to the Lender. In case 'of loss under such <br />policies, the Lender is authorized to adjust, collect and compromise, all claims hereunder and shall <br />have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured <br />hereby and in such order as Lender may determine u to the Borrower to be used for the repair <br />or restoration of the Property ' ( ) <br />p rty or (iii) for any other purpose or object satisfactory to Lender without <br />affecting the lien of this Deed of Trust for the full amount secured hereby before such payment <br />ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due <br />date of any payments under the Note, or cure any default thereunder or hereunder. <br />5. Maintenance Repairs and Compliance with Laws. Borrower shall keep the Property in <br />good condition and repair, shall promptly repair, or replace any improvement which may be <br />damaged or destroyed, shall not commit or permit any waste or deterioration of the Property; shall <br />not remove, demolish or substantially alter any of the improvements on the Property; shall not <br />commit, suffer or permit any act to be done in or upon the Property in violation of any law, <br />ordinance, or regulation; and shall pay and promptly discharge at Borrower's cost and expense all <br />liens, encumbrances and charges levied, imposed or assessed against the Property or any part <br />thereof: <br />6. Eminent Domain. Lender is hereby assigned all compensation, awards,' damages and other <br />payments or relief (hereinafter "Proceeds ") in connection with condemnation or other taking of the <br />Property or part thereof, or for conveyance in lieu of condemnation. Lender shall be entitled at its <br />option to commence, appear in and prosecute in its own name any action or pi`oceedings, and shall <br />also be entitled to make any compromise or settlement in connection with such taking or damage. <br />In the event any portion of the Property is so taken 'or damaged, Lender shall have the option, in its <br />sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all costs and <br />expenses incurredlzyit_in connection with. sueli'�ceeds; upon any-indebtedness secured hereby <br />and in such order as Lender may determine, or to apply all such Proceeds, after such deductions, <br />to the restoration of the Property upon such conditions as Lender may determine. An application <br />of Proceeds to indebtedness shall not extend or postpone the due date of an Y under <br />Note, or cure any default thereunder or hereunder. p Y Payments under the <br />7. Performance by Lender. In the event of Borrower's failure to perform any of the covenants <br />herein or make any payments required hereby, or if any act is taken or legal proceeding <br />commenced which materially affects Lender's interest in the Property, Lender 'nay in its own <br />discretion, but without obligation to do so, and without notice to or demand upon Borrower and <br />without releasing Borrower from any obligation, do any act which the Borrower has agreed but <br />fails to do and may also do any other act it deems necessary to protect the security hereof. <br />Borrower shall, immediately upon demand therefor by Lender, pay to Lender all costs and <br />expenses incurred and sums expended by Lender in connection with the exercise by Lender of <br />the foregoing rights, together with interest thereon at the rate provided in the Note, which shall be <br />added to the indebtedness secured hereby. Lender shall not incur any personal liability because of <br />anything it may do or omit to do hereunder. <br />8. Events of Default. The following shall constitute an event of default under this Deed of <br />Trust: <br />(a) Failure to pay any installment of principal or interest or any other sum ;secured hereby <br />when due, or failure to pay when due any other indebtedness of Borrower to Lender; <br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any <br />document which secures the Note, and any other.encumbrance upon the Property; <br />(c) A writ of execution or attachment or any similar process shall be entered against Borrower <br />which shall become a lien on the Property or any portion thereof or interest therein; <br />(d) There shall be filed by or against Borrower an action under any present or future federal, <br />state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for <br />debtors; or there shall be appointed any trustee, receiver or liquidator of Borrower or of all <br />or any part of the Property, or the rents, issues or profits thereof, or Borrower shall make <br />any general assignment for the benefit of creditors. <br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all or any part of or <br />any interest in the Property, either voluntarily or involuntarily, without the express written <br />consent of Lender. <br />