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99105969
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Last modified
3/13/2012 6:03:34 PM
Creation date
10/20/2005 11:39:46 PM
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DEEDS
Inst Number
99105969
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99-s�ssss <br /> foreclosure sale. In case of any loss, the insurance proceeds may, at the option of <br /> Beneficiary, be applied by Beneficiary upon the Indebtedness, or any part thereof, and in <br /> such order and amount as Beneficiary may determine; or said insurance proceeds may, at <br /> the option of Beneficiary, either be used in replacing or restoring the Trust Property <br /> partially or totally destroyed to a condition satisfactory to Beneficiary; or said insurance <br /> proceeds or any portion thereof may, at the option of Beneficiary, be released to Trustor. <br /> Unless Beneficiary and Trustor otherwise agree in writing, any such application of <br /> insurance proceeds shall not extend or postpone the due date of the Note, or any <br /> installments called for therein, or change the amount of such installments. If the Trust <br /> Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other <br /> foreclosure, all right, title and interest of Trustor in and to any insurance proceeds payable <br /> as a result of damage to the Trust Property prior to the sale or acquisition shall pass to <br /> Beneficiary and shall be applied first to the costs and expenses, including attorney fees, <br /> incurred in collecting such proceeds, then in the manner and in the order provided in this <br /> Deed of Trust. <br /> 8. Preservation and Maintenance of Trust Property. Trustor will keep the <br /> buildings and other improvements now or hereafter erected on or constituting the Trust <br /> Property in good repair and condition and will not commit or permit waste, will not alter <br /> the design or structural character of any building now or hereafter erected on or <br /> constituting the Trust Property without the prior written consent of Beneficiary, will not <br /> do any act or thing which would unduly impair or depreciate the value of the Trust <br /> Property and will not abandon the Trust Property. Trustor will not remove any fixtures <br /> constituting the Trust Property unless the same are immediately replaced with like <br /> property subject to the lien and security interest of this Deed of Trust and of at least equal <br /> value and utility. Trustor will comply with all present and future ordinances, regulations <br /> and requirements of any governmental body which are applicable to the Trust Property <br /> and to the occupancy and use thereof. <br /> 9. Inspection. Beneficiary or its agent may, at all reasonable times, enter upon <br /> the Trust Property for the purpose of inspection. Beneficiary shall have no duty to make <br /> such inspection and shall not be liable to Trustor or to any person in possession if it <br /> makes or fails to make any such inspection. <br /> 10. Protection of Security. If Trustor fails to perform any of the covenants and <br /> agreements contained in this Deed of Trust, of if any action of proceeding is commenced <br /> which does or may adversely affect the Trust Property or the interest of Trustor or <br /> Beneficiary therein or the title of Trustor thereto, then Beneficiary, at its option, after <br /> fifteen (15) days written notice to the Trustor, may perform such covenants and <br /> agreements, make such appearances, defend against and investigate such action or <br /> proceeding and take such other action as Beneficiary deems necessary to protect its <br /> interest including, but not limited to, disbursement of reasonable attorney fees and entry <br /> upon the Trust Property to make repairs. Any amounts disbursed by Beneficiary pursuant <br /> to this Paragraph 10, with interest thereon, shall constitute Indebtedness of Trustor <br /> secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of <br /> payment, such amounts shall be payable upon demand from Beneficiary to Trustor, and <br /> 5 <br />
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