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-� ,�--- � - 99 111505 the Trustor or any other person for payment of the indebtedness hereby secured, whether such Trustor be the then owner of said premises or not. If the Beneficiary determines that such property or premises ' should be restored, Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, nor permit waste to occur on the Trust Estate. If the said Trustor shall fail to procure such insurance as required herein, or procure the same as may be later required, or keep said insurance in full force and effect during the term of this indebtedness, the said Beneficiary may procure such insurance, and pay such premiums, and the sum or sums so advanced, with interest at sixteen percent (16. 00�) per annum shall be repaid by said Trustor, and this Deed of Trust shall stand as security for the same. The failure of the Trustor to procure such insurance or pay any or all of such premiums shall be considered a term of default hereunder. 4. ACCUMULATION FOR TAXES AND INSURANCE PREMIUMS. That if the Beneficiary should so require, at any time during the term hereof, Trustor covenants and agrees that in order to more fully protect the security of this Deed of Trust, together with and in addition to the payments above provided, they will pay monthly during the life of this indebtedness to the Beneficiary on the first day of each month until the said principal amount and interest are fully paid, a sum equal to one-twelfth (1/12th) of the known or estimated yearly taxes, assessments and premiums for such insurance as may be required. The Beneficiary shall hold such monthly payments, without obligation to pay interest thereon, to pay such taxes, assessments and insurance premiums when due. Trustor agrees that sufficient funds will be so accumulated for the payment of said charges one month prior to the due date thereof and that they will furnish Beneficiary with proper statements covering the same 15 days prior to the due dates thereof. In the event of foreclosure or sale of the premises herein, or if the Beneficiary should take a deed in lieu of foreclosure, the amount so accumulated will be credited on account of the unpaid principal or interest. If the total of the monthly payments as made under this paragraph shall exceed the payments actually made by the Beneficiary, such excess shall be credited on subsequent monthly payments of the same nature, but if the total of such monthly payments so made under this paragraph shall be insufficient to pay such taxes, assessments, and insurance premiums when due, then said Trustor shall pay the amount necessary to make up the deficiency which payments shall be secured by this instrument. To the extent that all the provisions of this paragraph for such payment of taxes, assessments and insurance premiums to the Beneficiary are complied with, said Trustor shall be relieved of compliance with the covenants contained in the above two paragraphs as to the amounts paid only, but nothing contained in this paragraph sha11 be construed as in any way limiting the rights of the Trustor at its option to pay any and all of said items when due. 5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Benef iciary or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments. Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate provided in the Note. �