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Payment oi all feas and charqa of Beneliciary,whather or not set fonh herein. , .-MS <br /> � TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR CONVENANTS: . <br /> Title: That it is lawfully sQiz�d a�d posssssed et a qood and ind�feasiblQ tftle and astate to such prop��ty in f�t ; <br /> • simple and wfll forever warrant and defend the title thereto against the claims and demands of all persons <br /> . whosoev�r; that it will, at itt�xpense,maintain and praerve tha Il�n of this Da�d of T�ust as a li�n upon such � , •• <br /> �o�ny. c <br /> P►lor Liens: To pay any interest on and nnaturing installments ut principal due on any prior mortgage o�de�d ' <br />— of trust,and to perform all things requfred of him under the terrns and conditfons oi any prlor mortgage o�dQed of � <br /> trust. Beneiltlary may, but shall not be obUgated to, rnake any payment or perform any ather act or obligation <br /> 8��iflc ary shall be immrdiat�l��pa�able toBen�f ii��Mogeiherwith inte►estAs herein p ovld�did or e�pend�d by <br /> Meintenante: To keep such property in good condition and repair; to complete or restore prornptly end in � <br /> qdod and workmanlike manner any building which may he construtted, damaged a destroyed thereon and to pay, ; <br /> when due, all claims for labor performed and rnaterials furnished therefor and to�any a�terations thereof;to comply , <br /> with the provisions of all insurance policies covering said premisQS; to compoy with ao1 lavrs.ord�nances. re�ulatiot�s. <br /> • i covena�ts, conditions and restrictions aifecting such property; not to remove, demolish or materially alter an�p , <br /> ( building,or the tharacter or use thereol at eny time thereon; not to dril�w eYtract nor to permft the drllli�g for or .:�•.� �• <br /> ,,;" �,� exiraction of oil, qas or othe� hydrocarbon substances or a��y mate�ia� of any kind unlQSS the written conxent of • � '�� . • <br /> ;�' Beneiiciary is first had and obtai�ed; not to commit or perm�t any waste thereof or any act upon such prope�ty in � �'.� <br /> �: 's�;�'i�,;••���' violation of law-to do all othe►acts in a timely and proper rnanner which from t'he character or use of such prope►t�p '; .. <br /> . ' `,;r;,'!;�f may be�easonably r�ecessary to protect and presenre said securily.tb�especiiic enumerations herein not excludi�y the � <br /> ' � � ' �' genQral. ' <br /> �� ' '�1`�'� , Construdion of Improvements: To tomplele in good and workmanliice m�anner any building o�improvement <br /> ,,�,, <br /> " •,�l or�epair relati�g thereto which may be begun on such property or contemplaterl by the toan secured hereby,to pay <br /> � • when due all costs and liabilities incurred therefo�,and not to permit any mechanic's lie� against such property. <br /> i T�ustor also agrees,anything i�this Deed of Trust to the co�trary notwit�+standing,(a)to promptly comrnente work __ <br /> and to complete the proposed imp�ovements p�omptly, (b) to complete same in accordance with plans and <br /> �:' ,, , � specifications as approved by Beneficiary,(c)to comply with all oi the terms of any building loan agreement between <br /> `' Trustar and Beneficiary,(d)te�allow Beneficiary to inspect such property at all t�mes duri�g construction,and(e)to � <br /> :�� ! replace any work or matenals unsatisfactory co Beneiiciary, w�ti�i�� i�itzcn (15) days after writtcn noLfte frflm <br /> �„� , ' � Benefitiary of such fact,which notite may be given to Trustor by registered or cen�fied mail, sent to Trusto�'s lasi y <br /> � known address,or by personal service o(t4�e sa rne. � <br /> � ; Flre and Casualty Insurance: Yo keep such property insurcd against loss or damage by tire and other risk or <br /> risks which,in the opinion of Beneficiary should be msured against,�nder policies of insurance with tass payable to <br /> 8eneficisry and the holder of any prior lien in form,amount,and companies acceptable to Beneficiary. Said policies <br /> shall be delivered to and remain�n possession of Beneficiary as further security for the faithful performance of these • <br /> obllgations,which delivery shall constitute as assig�ment by Trustor to Beneficiary to all rights thereunder, including <br /> , all return premiums;to deliver to Beneficiary a poli cy or pol icies renewing or extending any expiring insurante with a . <br /> receipt showing premiums paid at least thirty (30) days before expiration. If Trustor faHs to so deliver any renewal <br /> , palicies,Beneficiary may procure such insurance as �1 may elect and may make payment of premiums thereon,which <br /> �• � payment is repayable on demand. Ne�ther Trustee nor Beneficiary shall be responsible for obtaining o�maintaining <br /> ` ,• such insurante. eeneficiary, from time to time, rnpy turnish to any insurance agency or tompany, a any other <br /> , . ,. persan,any fnformation contained in or extfacted irom any insurance policy theretofore defivered to Beneficiary <br /> :� , pursuant hereto,and any informat�on cancerning the loan secured hereby. In no event and whether or not default . <br /> hereunde�has occurred shall Beneficiary, by ihe tact of approving,accepting or obtaining such insurance, incur any , <br /> • lia�ilityfor the amount of such insurance,the form or legal sufficiency af�nsurance contracts,solvency of insurers,or , . <br /> � " •�� ' payment of losses by insurers,and Trustor hereby expressly assumes full responsibility therefor and liability, if any, . <br /> thereunder. In the,event af LossFTrustor shall qive immediate written notice to Benefiaary,and Beneficiary may,but <br /> • is not obligated to,make proo��of loss���ot made promptly by Trustor. In case of any loss the amount colletted <br /> under any policy of insurance ort 5dci��Qroperty may,at the option ot the Beneficiary, be applied by Beneficiary upon , <br /> any indebtedness and/or obligation secbred hereby and in such order and amount as Beneficiary may determine; or • <br /> , � said amount or any portion thereof may, at thre option oi the Benefitiary,either be used in replating or restoring the <br /> � Imprevements partially or totally destrayed to a condition satlsfactory to said Beneficiary, or said amount or any <br /> ponion thereof may be released to the Trustor. 1 n bny such event neither the Trustee nor the Beneficiary shall be <br /> obligated to see to the proper applicat��n thereof;nor shall the a mount so released or used be deemed a payment <br /> ! on any indebtedness secured hereby. Such,app�ication,use, andlor release shall not cure or waive any default or <br /> � natic•e of default hereunder or invalidate any act done pursuant to such not�ce. Any unexpired insutance and all <br /> ' �� � � r�turnable insurance premiums shall inure to the benel+t of, and pass to, the purchaser of the pto�perty covered <br /> � , � thereby at any Trustee's sale held hereunder. i1 sa�d prppeny�s sold pursuant to the power of 6ale cantained herein <br /> ! or pu�suant to any detree of foreclosure, F�:�f�cJh�, t�tie and �r.te�es*.'df Trustor�n and to the proceeds of i;re�nd other <br /> � iniu�ance polbs+es!or damage pr�or to c�+e sa•e,w��ch proceeds aP�noc rece�ved pr�or to the date of said sale, shall <br /> • r belangto Beneficiary. <br /> � Ta�t�s�nd Other Sums Due: To pay,sat�sfy and discharge,at least ten(tU)days before delinque�ncy.��I gene�af <br /> ` I and special taxes and assessnnents affect�ng such p�operty, and in no event tater than the date such amaur�ts become <br /> due, (t) all encumbrances, tharges and liens,with interest, on such property, or any part thereof, which are. or <br /> aqpear to 8enefi:�ary to be pr�or to or supeno�hereto,(2)a't costs, (ees and expenses of this trust, whether or not <br /> �� � destribed herein, (3) fees or charges �ar any uacement regarcrr�g ine o'viigaiiu�� ariu��; �ert:y ��. p�.r a�:.:�;:�4 <br /> demanded by Beneficiary, nat to exceed the max�mum amount allowed by law therefor at tfie tirr�e when such <br /> ; request is made,(4)such other charges as tne Ben ef�crary may deem*easonable for se�vices rendered I�y Beneficiary <br /> � and furnished a1 the request of Trustor or any succ�ssor�n �nterest to Trustor,(5) if sucii property irtcludes a leasehold <br /> � estate, all payments and obligat�ons requ�red of the ?rustor or rns successor �n �nterest under the terms of the <br /> � � instrument or instruments creating such leasehold, Trustor hereby agree�ng not to amend, change, or mod�fy his <br /> � ; leasehold interest or the terms on wh�ch he has such leasehofd in�erest,or to agree to do so,w�thout the wr�tten <br /> , consent of Beneficiary being tirst obta�ned,and(6)all qayments and monetary obligat�ons required of the owner of <br /> ; such propeny under any declaration or c�ven,3nts,conditions and restrict�uns pertaining to such property or any <br /> ' modifitation thereof. Should Trustor fait to make any wch payment, Benef�aary,w�thout contesting ;he validity or <br /> i: arnount, may elect to make or advance such payment together with any costs,expenses, fees or charges relating <br /> � j thereto, including employing counsel and paying his reasonable fees. Trustor agrees to notify Beneficiary <br /> ; irnmediately upon rpce�pt by Trustor uf not�ce oi any i ncrease in the assessed value of such properly and agrees that <br /> Beneficiary,in the name of Trustor maycontestby dppROqr�ote proceed�ngs such�ncrease in assessment. <br /> • • � ; <br /> , ..q.,o+s <br /> , � � _ _— _ _ <br /> , • <br />