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<br />or covenants creating or governing the condominium or the planned
<br />unit development, the bylaws and regulations of the condominium
<br />or planned unit development, and the constituent documents.
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<br />9. Inspection. Beneficiary or its agents may, at all reasonable
<br />t~mes, enter, upon the Trust Pl:"operty for the purpose of inspec-
<br />tIon. BenefIcIary shall have no duty to make such inspection and
<br />~hall not be liable to Trustor or to any person in possession if
<br />It makes or fails to make any such inspection.
<br />
<br />10. Protection of Security. If Trustol:" fails to perform any of the
<br />covenants and agreements contained in this Deed of Trust, or if
<br />any action or proceeding is commenced which does or may adversely
<br />affect the Trust Property or the interest of Trustor or Benefi-
<br />ciary therein or the title of Trustor thereto, then Beneficiary,
<br />at its option, may perform such covenants and agreements, make
<br />such appearances, defend against and investigate such action or
<br />proceeding and take such other action as Beneficiary deems neces-
<br />sary to protects its interest including, but not limited to,
<br />disbursement of reasonable attorney fees and entry upon the Trust
<br />Property to make repairs. Any amounts disbursed by Beneficiary
<br />pursuant to this paragraph 10, with interest thereon, shall can-
<br />st i tute Indebtedness of Trustor secured by this Deed of Trust.
<br />Unless Trustor and Beneficiary agree to other terms of payment,
<br />such amounts shall be payable upon notice from Beneficiary to
<br />Trustor requesting payment thereof, and shall bear interest from
<br />the date of disbursement at the default rate, if any, set forth
<br />in the Note, or otherwise at the highest rate permitted by law.
<br />Nothing contained in this paragraph shall require Beneficiary to
<br />incur any expense or take any action hereunder. Trustor
<br />irrevocably authorizes and empowers Beneficiary to enter upon the
<br />Trust Property as Trustor's agent and, in Trustor's name or
<br />otherwise to perform any and all covenants and agreements to be
<br />performed by Trustor as herein provided. Beneficiary shall, at
<br />its option, be subrogated to any encumbrance, lien, claim or
<br />demand and to all rights and securities for the payment thereof
<br />paid or discharged by Beneficiary under the provisions hereof and
<br />any such subrogation rights shall be additional and cumulative
<br />security for this Deed of Trust.
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<br />11. Condemnation. The proceeds of any award or claim for damages,
<br />direct or consequential, in connection wi th any condemnation or
<br />other taking of the Trust Property, or any part thereof, or for
<br />conveyance in lieu of or in anticipation of condemnation, are
<br />hereby assigned to and shall be paid to Beneficiary. Trustor
<br />will file and pl:"osecute, in good faith and with due diligence,
<br />its claim for any such award or payment, and will cause the same
<br />to be collected and paid to Beneficial:"Y, and, should it fail to
<br />do so, Trustor irrevocably authorizes and empowers Beneficiary,
<br />in the name of Trustor or othel:"wise, to file, prosecute, settle
<br />or compromise any such claim and to collect, receipt for and
<br />retain the proceeds. If the Trust Property is abandoned by
<br />Trustor, or, after notice by Beneficiary to Trustor that the
<br />condemnor offers to make an award or settle a claim for damages,
<br />Trustor fails to respond to Beneficiary within thirty (30) days
<br />after the date such notice is mailed, Beneficiary is authorized
<br />to collect and apply the proceeds in the manner indicated herein.
<br />The proceeds of any award or claim may, a iter deduct ing all
<br />reasonable costs and expenses, including attorney fees, which may
<br />have been incurred by Beneficiary in the collection thereof, at
<br />the sole discretion of Beneficiary, be released to Trustor,
<br />applied to restoration of Trust Property, or applied to the pay-
<br />ment of the Indebtedness. Unless Beneficiary and Trustor other-
<br />wise agree in writing, any such application of proceeds to
<br />Indebtedness shall not extend or postpone the due date of the
<br />Note or the payment of any installments called for thereunder.
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