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1 1 <br />89—,103981 <br />FIRE, CASUALTY, AND OTHER INSURANCE: To keep such property insured against loss or damage by fire and other <br />risk or risks which, in the sole opinion of Beneficiary should be insured against, under policies of insurance with loss <br />payable to Beneficiary in form, amount and companies acceptable to Beneficiary. Said policies shall be delivered to and <br />remain in possession of Beneficiary as further security forthe faithful performance of these obligations, which defivery shall <br />constitute an assignment by Trustor to Beneficiary of all rights thereunder, including all return premiums; to deliver to <br />Beneficiary a policy or policies renewing or extending any expiring insurance with a receipt showing premiums paid at <br />least thirty (30) days before expiration. If Trustor fails to so deliver any renewal policies, Beneficiary may procure such <br />insurance as it may elect and may make payment of premiums thereon. which payment is repayable on demand. Neither <br />Trustee nor Beneficiary shall be responsible for obtaining or maintaining such insurance. Beneficiary, from time to time, <br />may furnish to any insurance agency or company, or any other person, any information contained In or extracted from any <br />insurance policy theretofore delivered to Beneficiary pursuant hereto, and any information concerning the loan secured <br />hereby. In no event and whether or not default hereunder has occurred shall Beneficiary, by the fact of approving, <br />accepting or obtaining such insurance. Incur any liability forthe amountof such insurance, the form or legal sufficiency of <br />insurance contracts, solvency of insurers, or payment of losses by insurers, and Trustor hereby expressly assumes full <br />res)a risibility therefore and liability, if any, thereunder. In the event of loss, Trustor shall give immediate written notice to <br />BenefficiW,.and Beneficiary may, but is not obligated to, make proof of loss if not made promptly by Trustor. In case of any <br />IOW lytt emmoun.tcollected under any policy of insurance on such property may, at the option of the Beneficiary, be applied <br />by ficiary upon any indebtedness and /or obligation secured hereby and in such order and amount as Beneficiary may <br />detwimi,ne. or said amount or any portion thereof may, at the, option of the Beneficiary, either be used in replacing or <br />restorimxg the improvements partially or totally destroyed to a condition satisfactory to said Beneficiary. or said amount or <br />any pion t *m. f may be released to the Trustor. In any such event neither the Trustee nor the Beneficiary shall be <br />obligalted to see to the proper application thereof; nor shall the amount so released or used be deemed a payment on any <br />indebtedness secured hereby. Such application. use and /or release shall not cure or waive any default or notice of default <br />hereunder or invalidate any act done pursuant to such notice. Any unexpired insurance and all returnable insurance <br />premiums shall insure to the benefit of, and passto, the purchaser of the prop" covered thereby at any Trustee's sale held <br />hereunder. If said property Is sold pursuantto the power of sale contained herein or pursuant to any decree of foreclosure. <br />all right, title andinterest of Trustor in and to the proceeds of fire and other insurance policies for damage prior to the sale. <br />which proceeds-are not received prior to the date of said sale, shall belong to Beneficiary. Trustor will comply with such <br />otherr requirements and provide such other type of insurance as Beneficiary may require from time to time for the protection <br />by Inswance of the interest of the respective parties hereto. <br />TAXES AND OTHER SUMS DUE: To pay, satisfy and discharge, at least to ten (10) days before delinquency at[ general <br />and special taxes and assessments and either public charges. and in no event later than the data such amounts become ° <br />due and to further pay when due or requested: (1) all encumbrances, charges and liens, with interest. on such property. or i <br />any part thereof. which are. or. appear to beneficiary. in its sole discretion, to be prior to or superior hereto. (2) all costs, fees <br />and expenses of this trust, whether or not described herein. (3 ) fees or charges for any statement regarding the obligation <br />secured hereby in any amount demanded by Beneficiary, not to eexe-am g:g.;, .. ;.!!t.':n °.^.`.o:ii:t gllo; a ; vii ia:: u —fore dt <br />the time when such regttsst is made. (A) such outer charges as the Beneficiary may deem reasonable for services rendered <br />by Beneficiary and furnished at the request of Trustor or any successor in interest to Trustor, (5) if such property includes a l <br />leasehold estate, all payments and obligations required of the Trustor or his successor in interest under the terms of the <br />inn r ar=rant or irisirurnents creaiing such leasehold, (6) all payments and monetary obligations required of the owner of <br />such property under any declaration of covenants, conditions and restrictions pertaining to such property' or any <br />modification thereof, (7) all mortgage insurance or guaranty fees, premiums, or charges of any nature pertainingtyo such <br />property. Trustoragreesto notify Beneficiary immediately upon receipt by Trustor of notice of any increase in theassessed <br />value of such property and agrees that Beneficiary, in the name of Trustor, may contest by appropriate proceedings such <br />increase in assessment <br />In the event of the passage of any laic deducting from the value of real property for the purposes of taxation any lien <br />thereon or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for state or local <br />purp . or the manner of the collection of any such tines. so as to affeetthis Deed of Trust, the holder of this Deed of Trust <br />and. oft tie obligations which it secures shall have tteright to declare all sums secured hereby due as of a date to be <br />specitied by not less than 30 days' written notice to be given -to Trustor by Beneficiary; provided, however, that such ;`.. <br />election shall be ineffective if Trustor is permitted by law to pay the whole of such tax in addition to all other payments' <br />required hereunder and if, prior to such specified date, does pay such tax and agrees to pay any such tax when hereafter <br />levied or assessed against such property, and such agreement shall constitute a modification of this Deed of Trust <br />FUNDS FOR TAXES AND INSURANCE: If Beneficiary shall so request, Trustor agrees that thekesttaia be added to the <br />periodical payment required to be made hereunder an amount estimated by Trusted to be.sufficient is enable Trustor to <br />pay, at least thirty (30) days before delinquency. all - general and.special taxes, assessments, orrother public charges <br />against such property, the Promissory Note. or uporro on acountof the debtor the lien of this Deed ofTrust, togetherwith <br />premiums for insurance required to be provided under this Deed of Trust and all mortgage insurance or guaranty fees, <br />premiums or similar charges and no interest shalt be payablivip Trustor in respect thereof. Upon demand by Trustee, <br />Trustor shall deliver to Trustee such additional sums of money as are necessary to make up any deficiency in the amounts <br />necessary to enable Trustee to pay any of the foregoing items. <br />SUMS ADVANCED TO BEAR INTEREST: To pay immediately upon demand any sums advances or paid by Beneficiary <br />or Trustee underany clause or provision of this Deed of Trust Any such sums. until so repaid, shall be secured hereby and <br />bear interest from the date advanced or paid at the same rate as set forth in such Promissory Note and shall be secured by <br />this Deed of Trust <br />ASSIGNMENT OF UEPOSiTS: That as additional security if this be a construction loan, Trustor hereby transfers and <br />assigns to Beneficiary during continuance of these Trusts, all right, title and interest to any and all monies deposited by <br />Trustor or deposited on behaltof Trustor with any city, county, public body or agency, sanitary district gas and/or electric <br />company, telephone company and any other body or agency, for the installation or to secure the installation of any utility by <br />Trustor, pertaining to this property. <br />FAILURE OF TRUSTOR TO COMPLY WITH DEED OF TRUST: In theevent Trustor should fail to make any payment, orto <br />do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust, or do any act <br />Trustor agreed not to do. Beneficiary. bvit without obligation co to do and without notice to ur demand upon Trustor and � <br />without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same. may (a) pay, <br />make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof. <br />Beneficiary being authorized to enter upon such property for such purposes, and (b) pay, purchase. C(intecl or <br />compromise any encumbrance. charge or lien, which in its ludgernent is or appears lobe prior or superof hereto. ar+d (c ) <br />in euercging any such power. P iy riet:essafy f-051% fees, and expenses. employ cour-;el and Pay counsel's reasonable <br />f19A Trustor agfe+-s to repay ary amours so expended oft de m-inrt of Benmw of V <br />