Laserfiche WebLink
201906870 <br />4. Insurance. Trustor shall keep the Property insured against damage by fire hazards <br />included with the term "extended coverage" and such other hazards as Lender may require, with <br />companies and in amounts acceptable to Lender, naming Lender as an additional named insured <br />with loss payable to the Lender. In case of loss under such policies, Lender is authorized to adjust, <br />collect, and compromise all claims thereunder and shall have the option of applying all or part of <br />the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may <br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property, or (iii) for any <br />other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for <br />the full amount secured hereby before such payment ever took place. Any application of proceeds <br />to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure <br />any default thereunder or hereunder. <br />5. Escrow. If required by Lender, Trustor shall pay to Lender, in such manner as Lender <br />may designate, sufficient sums to enable Lender to pay all taxes, assessments, and other charges <br />against the Property as they become due. Further, upon written demand by Lender, Trustor shall <br />pay to Lender, in such manner as Lender may designate, sufficient sums to enable Lender to pay <br />as they become due, one or more of the following: (i) the premiums ori the property insurance <br />required hereunder, and (ii) the premiums on any mortgage insurance required by Lender. <br />6. Maintenance, Repairs, and Compliance with Laws. Trustor shall keep the Property <br />in good condition and repair; shall promptly repair or replace any improvement that 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 promptly discharge at Trustor's cost and expense all liens, <br />encumbrances, and charges levied, imposed, or assessed against the Property or any part thereof. <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages, and <br />other payments or relief (herein "Proceeds") in connection with condemnation or other taking of <br />all or any part of the Property, or for conveyance in lieu of condemnation. Lender shall be entitled, <br />at its option, to commence, appear in, and prosecute in its own name any action or proceeding, and <br />shall also be entitled to make any compromise or settlement, in connection with such taking or <br />damage. In the event that any portion of the Property is so taken or damaged, Lender shall have <br />the option, in its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom <br />all costs and expenses incurred by Lender in connection with such taking or damage, upon any <br />indebtedness secured hereby and in such order as Lender may determine, or to apply all such <br />Proceeds, after such deductions, to the restoration of the Property upon such conditions as Lender <br />may determine. 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. Any unapplied <br />funds shall be paid to Trustor. <br />8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or <br />if any act is taken or legal proceeding commenced that materially affects Lender's interest in the <br />Property, Lender may in its own discretion, but without obligation to do so and without notice to <br />or demand upon Trustor and without releasing Trustor from any obligation, do any act that Trustor <br />has agreed but failed to do and may also do any other act Lender deems necessary to protect the <br />security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to Lender all <br />costs and expenses incurred and sums expended by Lender in connection with the exercise by <br />Lender of the foregoing rights, together with interest thereon at the default rate provided in the <br />Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability <br />because of anything it may do or omit to do hereunder. <br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all <br />applicable laws, ordinances and regulations relating to industrial hygiene or environmental <br />protection (collectively referred to herein as `Environmental Laws"). Trustor shall keep the <br />Property free from all substances deemed to be hazardous or toxic under any Environmental Laws <br />(collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and represents <br />to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees <br />to indemnify and hold harmless Lender and its directors, officers, employees, and agents, and any <br />successors to Lender's interest, from and against any and all claims, damages, losses, and liabilities <br />arising in connection with the presence, use, disposal, or transport of any Hazardous Materials on, <br />under, from, or about the Property. THE FOREGOING WARRANTIES AND <br />REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE <br />FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF <br />TRUST. <br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues, and profits <br />of the Property, provided that Trustor shall, until the occurrence of an Event of Default hereunder, <br />have the right to collect and retain such rents, issues, and profits as they become due and payable. <br />Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or <br />without bringing any action or proceeding, or by a receiver appointed by a court and without regard <br />to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, <br />Page 2 of 6 <br />