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99 109393 said Note, and agrees further that such advances may be held by the holder hereof and commingled with the holder' s own funds and other funds and, further, that the holder hereof shall not be liable for interest on such funds . 6 . Maintenance, Repairs and Compliance with Laws . A. Borrower shall keep the Property in its present condition, reasonable wear and tear excepted; good condition and repair; shall promptly repair, or replace any improvements which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the Property; shall not remove, demolish, or substantially alter any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance or regulation; and shall pay and promptly discharge at Borrower' s cost and expense all liens, encumbrances and charges levied, imposed and assessed against the Property or any part thereof . B. Borrower will perform all of the covenants of the Lessor or Landlord under any and all present and future Leases affecting the Property, and neither do nor neglect to do, nor permit to be done, any thing which may diminish or impair the value of all such Leases or the Rents and Profits provided for in such Leases, or the interest of the Lessor or the Beneficiary therein or thereunder. 7 . Eminent Domain. A. If all or a portion of the Property is taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation ( "Condemnation�� ) , or should any Borrower receive any notice or other information regarding such proceeding, Borrower shall give prompt written notice to Lender. Lender shall be entitled to all compensation, awards, and other payments . The Lender shall be entitled, at its option, to commence, appear in and prosecute in its own name any action or proceedings . Lender shall also be entitled to make any compromise or settlement in connection with such taking or damage. Said proceeds shall be distributed in the same order that insurance proceeds are distributed under paragraph IV A(i) through (iii) . Condemnation proceeds or awards shall be credited to the last maturing installments of the indebtedness secured and shall not extend or postpone the due date of the monthly installment referred to in the Note and under this Trust Deed, or change the amount of such installments . If the proceeds pay off all sums due and owing, the excess shall be paid to the Borrower. B. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within thirty (30) days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds to the sums secured by this Trust Deed. 8 . Performance by Lender. If an Event of Default has occurred, or if any act is taken or legal proceeding commenced which materially affects Lender' s interest in the Property, Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof . Borrower shall, immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any personal liability because of anything it may do or omit to do hereunder, except resulting from gross negligence or fraud. 4 �