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<br /> <br /> <br /> e <br /> <br /> FIRE, CASUALTY, AND OTHER INSUP.ANC,E: To keep such property insured against loss or damage by fire and other <br /> risk or risks which`in tMe sole opinion of Benefr^iary shovId t>e insured against, under policies of insurance with loss <br /> payable to B~-neficiary in form, amount and compiriiss scceptFbl-^ to Beneficiary. Said policies shall be delivered to and <br /> remair, in possession of Beneficiaryas further securityfoe th.g f aitMvJ per'iormanee of these obligations, which delivery shall <br /> constitute an assignment by Trustor to Seneficiary of ail rights thereunder, including all return premiums; to deliver to <br /> Beneficiary a policy or policies renewing or extending any expi;ririq intw,rance with a receipt showing premiums paid at <br /> ieast thirty (30) days before expiration. If Trustor fails to so deli-ter any renewal policies, Beneficiary may procure such <br /> insurance as it may elect and may make payment cf premiums thereon, which payment is repayable on demand. Neither <br /> M-rustee ner Beneficiary shall be responsible for obtaining or maintaining such insurance. Beneficiary, from time to time, <br /> nay furnish to any insurance agency or company. or any other person, any information contained in or extracted from any <br /> Nnswance policy theretofore delivered to Beneficiary pursuant hereto, and any inforrnal!oi concerning the loan, secured <br /> whereby. In no event and wn•,ther or not default hereunder has occurred shall Beneficiary, by the fact of approving. <br /> Z accepting or obtaining such -:surance, incur any liability for the amount of such insurance, the form or legai sufficiency of <br /> insurance contracts, solvency of Insurers, or payment n! losses by Insurers, and Tnastor hereby expressly assumes full <br /> responsibility therefore and liability, if any, thereunder. In the event of loss, Trustor shall give immediate written notice to <br /> I Beneficiary, and Beneficiary may, but is not obligated to, make proof of loss if not made promptly by Trustor. In case of any <br /> loss the amount collected under any policy of insurance on such property may, atthe option of the Beneficiary, be applied <br /> by Beneficiary upon any Indebtedness and/or obligation securoA hereby and In such order and amount as Ie;,cf,ciary may <br /> determine; or said amount or any portion thereof may, at the option of the Beneficiary, either be used in replacing or <br /> restoring the improvements partially or totally destroyed to a conditlon satitlavtory to said Benefi^i-ry, it said amount or <br /> any portion thereof may be released to the Trustor. In any such anent neiVasr the Trustee nor the Beneficiary shall be <br /> obligated to see to the proper applic-,ation thereof; nor shall the amount so released or used be deemed a payment on any <br /> indebtedness secured hereby. Such application, use and/or release shall not cure or waive any default or notice of default <br /> hereunder or invalidate any a c1 done pursuant to such notice. Any unexpired insurance and all returnable insurance <br /> prey, iiums shall insure to the benefitol, and pass to. the purchaser of the property covered thereby at any Trustee's sale held <br /> hereunder. li said property is sold pursuant to the power of sale contained herein or pursuant to any decree of foreclosure, <br /> all right, title and interest of Trustor in and to the proceeds of fire and other insurance policies for damage prior to the sale, <br /> which proceeds are not received prior to the date of said sa!e, shall belong to Beneficiary. Trustor will comply with such <br /> other requirements and provide such other type of insurance as Beneficiary may require from time to time for the protection <br /> by insurance of the, interest of the respective parties hereto. <br /> TAXES AND OTHER SUMS DUE: To pay; satisfy and discharge, at least to ten (10) days before delinquency all general <br /> and special taxes and assessments and other public charges, and in no event later than the date such amounts become <br /> due and to further pay when due or requested: (1 ) all encumbrances, charges ar?d liens, with interest, on such property, or <br /> any partthereof, which are, or appear to beneficiary, in its sole discretion, to be prior to or superior hereto, (2) all costs, fees <br /> and expenses of this trust, whether or not described herein, (3) fees or charges for any statement regarding the obligation <br /> secured hereby in any amount demanded by Beneficiary, not to exceed the maximum amcant allowed by law therefore at <br /> the time when such request is mare, (d) such other charges as the Beneficiary may deem reasonable for services rendered <br /> by Beneficiary and furnished at the request of Trustor or any successor in interest to Trustor, (5) if such property includes a <br /> leasehold estate, all payments and obligations required of the Trustor or his successor in interest under the terms of the <br /> instrument cr instruments creating such leasehold, (6) all payments and monetary obligations required of the owner of <br /> such property under any declaration of covenants, conditions and restrictions pertaining to such property or any <br /> modification thereof: (7) all mortgage insurance or guaranty fees, premiums, or charges of any nature pertaining to such <br /> property. Trustoragrees to notify Beneficiary immediately upon receipt by Trustorof notice of any increase in the assessed <br /> value of such property and agrees that Beneficiary, in the name of Trustor, may cc;:ty st by appropriate proceedings such <br /> increase in assessment <br /> In the event of the passage of any law deducting from the value of real property for the purpores of taxation any lien <br /> thereon or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for state or local <br /> purposes. or the manner of the collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust <br /> and of the obligations which it sprures shall have the right to declare all sums secured hereby due a<s of a date to be <br /> specifi,~:d oy not less than 30 days' written notice to be given to Trustor by Beneficiary; provided, howaver, that such <br /> election shall be ineffective if Trustor is permitted by law to pay the whole of such tax in addition to all othe v payments <br /> required hereunder and it, prior to such specified date, does pay such tax and agrees to pay any such tax whfin hereafter <br /> levied or assessed against such property, and such agreement. shall constitute a modification of this Deed of Trust. <br /> FUNDS FOR TAXES AND INSURANCE: If Beneficiary shall so request, Trustor agrees that there shall be added to the <br /> periodical payment required to be made hereunder an amount estimated by Trusted to be sufficient to enable Trustor to <br /> pay, at least thirty (30) days before delinquency, all genera, and special taxes, assessments, or other public charges <br /> against such property, the Promissory Note, or upon or on account of the debt or the lien of this Deed of Trust, together with <br /> premiums for insurance required to be provida-d uncle- this Deed of Trust and all mortgage insurance or guaranty fees. <br /> premiums or similar charges and no interest shall be payable to Trustor in respect thereof. Upon demand by Trustee, <br /> Trustor shali deliver to Trustee such additional sums of money as are necessaryto make up any deficiency in ,he amounts <br /> necessary to enable Trustee to pay any of the foregoing items. <br /> SUMS ADVANCED TO BEAR INTEREST: To pay immediately upon demand any sums advances or paid by Beneficiary <br /> or Trustee under any clause or provision of this Deed of Trust Any such sums, until so repaid, shall be secured hereby and <br /> bear interest from the data advanced or paid at the same rate as set forth in such Promissory Note and shall be secured by <br /> this Deed of Trust_ <br /> ASSIGNMENT OF DEPOSITS: That as additional security it this be a construction loan, Trustor hereby transfers and <br /> assigns to Beneficiary during continuance of these Trusts, all right, title and interest to any and all monies deposited by <br /> Trustor or deposited on behalf of Trustor with any city, county, public body or agency, sanitary district, gas and/or electric <br /> company, telephone company and any other body or agency, for the installation or to secure the installation of any uti!Ity by <br /> Trustor, pertaining to this; property. <br /> FAILURE OF TRUSTOR TO COMPLY WITH DEED OF TRUST: In the event Trustor should fail to make any payment, or to <br /> do any act as provided in this Deed of Trust, or lmil to perform any obligation secured by this Deed of Trust, or do any act <br /> Trustor agreed not to do, Beneficia;y, but without obligatior: so to do and without notice to or demand upon Trustor and <br /> without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same, may (a) pay, <br /> make or do the same in such manner and to such extent as it may deem necessary to protec►. the security hereof, <br /> Beneficiary being authorized to enter upon such property for such purposes, and (b) pay, purchase, contest or <br /> compromise any encumbrance, charge or lien, which in its judgement is or appears to be prior or superior hereto. and (c) <br /> In exercising any such power, pay necessary costs. fees, and expenses, employ counsel and pay counsel's reasonable <br /> fees. i rustor agrees to repay any amount so expended on demand of Beneficiary, <br />