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<br />0,.,../ <br /> <br />87-107264 <br /> <br />11 <br /> <br />3. 'lUxes and Assessnents. To pay, when due, all taxes, special assessnents <br />and all other charges against the property, before the same becane delinquent, <br />and, in the event Beneficiary shall so require, to add to the payments required <br />lUlder the note secured hereby, such amount as may be sufficient to enable Beneficiary <br />to pay such taxes, assessnents or other charges as they become due. <br /> <br />4. Insurance. To keep the improvements now or hereafter locat€.ct on the real <br />estate described herein insured against damage by fire and such other hazards as <br />Beneficiary may require, in anDlUlts and canpanies acceptable to Beneficiary, and <br />with loss payable to Beneficiary. In case of loss lUlder such policies, Beneficiary <br />is authorized to adjust, collect and canpromise, in its discretion, all claims <br />thereunder and, at its sole option, is authorized to either apply the proceeds to <br />the restoration of the property or upon thE' indebtedness secured hereby, but pay- <br />ments required by the note shall continue lUltil the sums secured hereby are paid <br />in full. <br /> <br />5. Repair, Maintenance and Use. To pranptly repair, restore or rebuild any <br />buildings or improvements now or hereafter on the property; to keep the property <br />in gexxl condition and repair, without waste and free from mechanics or other liens <br />not expressly subordinated to the lien hereof; to not make, suffer or pennit any <br />nuisance to exist nor to diminish or impair the value of the property by any act <br />or omission to act; and to canply with all requiranents of law with respect to the <br />property. <br /> <br />6. Condannation. In the event the property, or any part thereof, shall be <br />taken by €Illi.nent dana,in, Beneficiary is entitled to collect and receive all can- <br />pensation which may be paid for any property taken or for damages to property not <br />taken, and Beneficiary shall apply such canpensation, at its option, either to a <br />reduction of the indebtedness secured hereby or to repair and restore the property <br />so taken. <br /> <br />7. Perfonnance by Beneficiary. Beneficiary may, but shall have no obligation <br />to, do any act which Trustor has agreed but failed to do, and Beneficiary may also <br />do any act it deans necessary to protect the lien hereof. Trustor agrees to repay, <br />upon danand, any SlUIlS so expended by Benficiary for the above purposes, and any <br />sums so expended by Bel1eficary shall be added to the indebtedn&s secured hereby <br />and becare secured by the lien hereof. Beneficiary shall not incur any personal <br />liability because of anything it may do or omit to do herelUlder. <br /> <br />8. Inspections. Beneficiary, or its agents, representatives or workmen, <br />are authorized to enter at any reasonable time upon or in any part of the property <br />for the purpose of inspecting the same and for the lXlllJOSe of perfonning any of <br />the acts it is authorized to perfonn lUlder the tenns of any loan instrunents <br />executed by 'frustor. <br /> <br />9. Assignment of llents. Beneficiary shall have the right, power and authority <br />during the continuance of this Deed of 'frust Construction Security Agreement to <br />collect the rents, issues and pl'Ofits of the property and of any personal property <br />located thereon with or without taking possession of the property affected hereby, <br />and Trustor hereby absolutely and lUlconditionally assigns all such rents, issues <br />and profits to Beneficim'}'. Beneficiary, however, hereby consents to Trustor IS <br />collection and retention of such rents, issues and profits as they accrue and become <br />payable, so long as Trustor is not, at such time, in default with respect to payment <br />of any indebtedness secured hereby, or in the perfOlmance of any agreement herelUlder. <br />If any event of default described hereafter in respect to this Deed of Trust Con- <br />struction Security Agreement shall have occurred and be continuing, Beneficiary, as <br />a matter of right and without notice to Trustor or anyone claiming lUlder Trustor, <br />and without regard to the value of the trust estate or the interest of the Trustor <br />therein, shall have the right to apply to any court having jurisdiction to appoint <br />a receiver of the property. <br /> <br />L <br /> <br />10. Transfer of Property. If all or any part of the property or any interest <br />of Trustor therein is sold, transferred or further encwIbered without the express <br />or written consent of Beneficiary, Beneficiary may, at its sole option, declare all <br />SU/I5 secured by this Deed of Trust Construction Security Agreement to be iJlmediately <br />due and payable and proceed to the ranedies available to it lUlder the default pro- <br />visions contained herein. <br /> <br />-2- <br /> <br />I <br /> <br />~~ <br /> <br />,- <br /> <br /> <br />" <br />r <br />,... . <br />