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200200653 <br />L.. Notwi trilanding any of the language conained in this Decd of Trust to the contrary, the terms of this section shall <br />survive any foreclosure or satisfaction of this Decd of Trust regardless of any passage of title in Beneficiary or any <br />disposition by Beneficiary of any or all of the Property. Any claims and defenses to the contrary are hereby waived. <br />20. CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, real or threatened, by private or public <br />entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, <br />or any other means. Trustor further agrees to notify Beneficiary of any proceedings instituted for the estahlishment of any <br />sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any parr of it. <br />'Foust... authorizes Beneficiary to intervene in Truant's name in any of the above described actions or claims and to collect <br />and receive all sums resulting from the action or claim. Trustor assigns to Beneficiary the proceeds of any award or claim <br />for damages connected with a conhannatiou or other taking of all or any part of the Property. Such proceeds shall be <br />considered payments and will he applied as provided in this Deed of Trust. This assiga to of of proceeds is subject to the <br />terms of any prior security agreement. <br />21. INSURANCE. Trustor agrees to maintain insurance as follows: <br />A. Trustor shall keep the Property insured against loss by fire, theft and other hazards and risks reasonably associated <br />with the Property due to its type and location. Other hazards and rusks may include, for example, coverage against <br />loss due to floods or flooding. This insurance shall be maintained in the amounts and for the periods drat <br />Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor subject to <br />Beneficiary's approval, which shall Rot be unreasonably withheld. If Trustor fails to maintain the coverage <br />described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the <br />Property according to the lames of this Deed of Trust. <br />All insurance politics and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage <br />clause" and, where applicable, "beneficiary loss payee clause." Trustor shall immediately notify Beneficiary of <br />cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If <br />Beneficiary requires, Trustor shall inuncelialely give to Beneficiary all receipts of paid premiums and renewal <br />notices_ Upon loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary _ Beneficiary may <br />make proof of loss if not made immediately by Trustor. <br />Unless Beneficiary and Ttuslor otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property donaged if the restoration or repair is economically fcasihle and Beneficiary's security is not <br />lessened_ If the restoration or repair is not rennomically feasihle or Beneficiary's security would be lessened, the <br />insurance proceeds shall he applied to the Secured Debt, whether or not then due, with any excess paid to Truster. <br />if'I'castor abandons the Property, or does not answer within 30 days a notice from Beneficiary that the insurance <br />carrier has offered to settle a. claim, then Beneficiary may collect the insurance proceeds. Beneficiary troy use the <br />proceeds to repair or restore the Property nr to pay the Secured Debt whether or not then due. The 30-day period <br />will begin when the notice is given. <br />Unless Beneficiary and Trustor otherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of scheduled payments or change the amount of the payments. If the Property is acquired <br />by Beneficiary, Tmstor's right to any insurance policies and proceeds resulting from damage In the Property before <br />the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before the acquisition. <br />B. Trustor agrees to maimpor comprehensive general liability insurance naming Beneficiary as an additional insured in <br />an amount acceptable to Beneficiary, insuring against claims arising from any accident or occurrence in or on the <br />Property. <br />C. Trustor agrees to maintain rental loss or business intermpfion . insurance, as required by Beneficiary, in au amount <br />equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately <br />in writing), under a loan of policy acceptable In Beneficiary _ <br />22. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustur will not <br />be required to pay to Beneficiary funds for taxes and insurance in escrow. <br />23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any <br />financial statement or information Beneficiary may deem necessary. Trustor warrants that all financial statements and <br />information Trustor provides to Beneficiary arc, or will be, accurate, correct, and complete_ Trustor agrees to sign, <br />deliver, and file m Beneficiary may reas..nahly request any additional documents or certifications (flat Beneficiary may <br />consider necessary to perfect, continue, and preserve 'I ruslor's obligations under this Deed of Trust and Beneficiary's lien <br />status or the Property- it'rmsror fails to do so, Beneficiary may sign, deliver, and file such documents or certificates in <br />I ner is name and Trustor hereby irrevocably appoints Beneficiary or Benefidarv's agent as attorney in fact to do the <br />things necessary to comply with this section. <br />24..fOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS{ SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Deed of Trust are joint and individual. If Trustor signs this Deed of Trust but does not sign the Evidence of Debt, <br />Trustor does so only to mortgage Tmslor's interest in the Property to secure payment of the Secured I1ebt and 'I castor <br />does not agree to be personally liable on the Secured Debt. Trustor agrees that Beneficiary and any patty to this Deed of <br />Trust may extend, modify car make any change in the term of this Deed of Trust or the Evidence of Debt without <br />'frusmr's ...sent. Such a change will not release Trustor from the terms of this Deed of Trust. The duties and benefits of <br />(his Deed of Trust shall hind and benefit the successors and assigns of Trustor and Beneficiary . <br />If this Deed of Trust secures a guaranty between Beneficiary and 'Trustor and does not directly secure the obligation which <br />is guarantied, 'Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or dauir against <br />Trustor or any party mdebwd under the obligation including, but not limited to, anti- deficiency or our- action laws. <br />25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. this Deed of 'trust is governed by the laws of the <br />jurisdiction to which Beneficiary Is located, except to the extent otherwise required by the laws of the jurisdiction where <br />the Property is located - 'Phis Deed of 'Trust is complete and fully integrated. 'this Deed of Trust may cot be amended or <br />modified by oral agreement Any sedion i clause in this Deed of Tmst, attachments, or any agreenuem related to the <br />Secured Debt that conflicts with applicable law will not be etfecove, unless that law expressly or implicitly permits the <br />variations by written agreement. If any section or clause of this Deed of Trust cannot be enforced according to its terns, <br />that section or clause will be severed and will not affect the enforceability of the remainder of this Deed of Trust. <br />Wherever, used, the singular shall include the plural and the plural the singular. The captions and bcadings of the sections <br />of this Deed N Trust are for convenience only and are not to he used to interpret or define the terms of this Deed of Trust. <br />'fame is of the essence in this Deed of Trust. <br />�� ease s of s <br />Vii; <br />0 ,vela w "s.osra.m,, i "_,.,, v " "1 . mm ro.m w.. o.or 11 sm,mm �— <br />