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200109056 <br />regulations promulgated thereunder), petroleum (including crude oil or any fraction thereof), and natural <br />gas or synthetic gas, including mixtures thereof and whether liquified or not. <br />2.06 Condition of Property. Keep the Property, and every part thereof, in first class <br />repair and condition appropriate for property and buildings of like construction, materials and use, without <br />any liability of Trustee or Grantee to any person for damage for failure to repair or for any other cause. <br />Grantor agrees (a) upon damage or destruction of the Property or any part thereof by fire or other casualty, <br />to restore promptly, repair, replace or rebuild the Property that is damaged or destroyed to the condition <br />it was in immediately prior to such damage or destruction, whether or not any insurance proceeds are <br />available or sufficient for such purposes; and (b) not to remove from the Premises any of the Improvements <br />thereon unless the same is immediately replaced with items of at least equal value and utility, and this Deed <br />of Trust shall become a valid first lien on such property. <br />2.07 Use of Property. Not to use or permit to be used the Property, or any part thereof, <br />in any manner inconsistent with the rights of Trustee, or Grantee hereunder, or in violation of the <br />provisions of any insurance policy or any rules or regulations of insurance underwriters, and in the use of <br />said Property shall comply with, or cause to be complied with, all valid laws, ordinances, rules, regulations, <br />orders and directions of any legislative, executive, administrative or judicial body, officer or department <br />applicable to the Property or to the uses and purposes thereof, and shall maintain and use the Property in <br />full compliance therewith and in condition requisite thereunto. <br />2.08 Sums Due Grantor. In the event any part of the Property or any Improvements shall <br />�be destroyed or damaged by any party or from any cause whereby Grantor becomes entitled to indemnity <br />therefor from any third person or persons, Grantor, for the considerations herein named, does hereby sell, <br />assign and transfer to Trustee all of such sum or sums so due from any such third person or persons, and <br />Trustee is hereby authorized to receive, collect and sue for the same, and Grantor hereby authorizes and <br />directs that such sum or sums be paid to Trustee upon presentation of a duly certified copy hereof. Any <br />and all sums received by Trustee hereunder, after deducting therefrom the reasonable charge or expenses <br />paid or incurred in connection with the collection and disbursement of said moneys, may be used and <br />applied at the option of Grantee either for the purpose of paying the cost of repair, restoration or <br />replacement of the mortgaged property damaged or destroyed, or applied to the prepayment, or partial <br />prepayment of the installments of the Obligations. <br />2.09 Taxes. If Grantor shall fail to pay any tax, assessment, lien or other charge against <br />the Property, or any part thereof, or fails to keep and perform any of the covenants and conditions herein <br />contained, Trustee or Grantee, shall have the right, but shall not be obligated, to pay such tax, assessment, <br />lien, rent or other charge, or to redeem such Property from any sale or foreclosure for taxes or assessments <br />or liens, and may effect and pay such insurance, pay any such obligations and make such other <br />disbursements as are necessary or advisable in the opinion of Trustee, or Grantee, to cure any such default <br />of Grantor hereunder, or to protect the lien or the rights of Trustee and Grantee hereunder; any and all such <br />sums of money advanced for such purposes, or any of them, by Trustee, or Grantee, shall be deemed an <br />additional principal sum secured by this Deed of Trust and shall be payable on demand with interest at the <br />Default Rate from the time so advanced; provided, however, nothing herein contained shall be construed <br />as requiring Trustee, or Grantee, to advance or expend money for any of the purposes aforesaid. <br />