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� � 99 � 06857 Should any part or all of the Trust Estate be damaged or destroyed, all the Insurance Proceeds payable with respect to the Trust Estate so damaged or destroyed shall be paid to the Bond Trustee and shall be applied first to the payment of all costs and expenses incurred by Beneficiary in obtaining such proceeds if payment is contested by the insurer an� that payment is not reasonably pursued by Trustor, and second, pursuant to Section 4 . 10 of the Loan Agreement . Said damage or destruction shall not affect the lien of the Deed of Trust or the obligations of Trustor hereunder. In no event shall Trustor commit waste on or to the Trust Estate, or commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and promptly discharge at Trustor' s cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate or any part thereof . In order to secure the performance and discharge of Trustor' s obligations under this paragraph and, in the event, and solely in the event, of a failure to comply with the material conditions set forth in this Section 4, Beneficiary may, upon written notice to Trustor require Trustor to pay over to Beneficiary an amount equal to one-twelfth (1/12th) of the next maturing annual insurance premiums for each month that has elapsed since the last date to which such premiums were paid; and Trustor will, in addition, pay over to Beneficiary, together with each installment on the Note, sufficient funds (as estimated from time to time by Beneficiary in its sole discretion) to permit Beneficiary to pay said premiums when due . In the event that Beneficiary so elects to require the foregoing escrow conditions, all other payment obligations pursuant to this Section 4 by Trustor are superseded wherever inconsistent with the escrow conditions . Such deposits shall not be, nor be deemed to be, trust funds but may be commingled with the general funds of the Beneficiary, and no interest shall be payable in respect thereof . Upon demand by Beneficiary, Trustor shall deliver to Beneficiary such additional monies as are necessary to make up any deficiencies in the amounts necessary to enable Beneficiary to pay such premiums when due . In event of a default under any of the terms, covenants and conditions in the Note, this Deed of Trust or any other instrument securing the Note to be kept, performed or observed by Trustor, Beneficiary may apply to the reduction of the sums secured hereby, in such manner as Beneficiary shall determine, any amount under this paragraph remaining to Trustor' s credit . 5 . ACTIONS AFFECTING TRUST ESTATE. After being given notice, Trustor, or its agents, shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all reasonable costs and expenses, including cost of evidence of title 7