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<br />r <br /> <br /> <br /> <br /> <br />88-100097 <br /> <br /> <br />depreciate the value of the Trust Property and will not <br />abaYldoYI the Trust Property. Trustor will rIot remc,ve any <br />fixtures constituting the Trust Property unless the same are <br />immediately replaced with like prc,pet~ty subJect to the lien <br />and security in~erest of this Deed of Trust and of at least <br />equal value and ...,tility. Trustor will comply with all <br />present and future ordinances, regulations and requirements <br />of any governmental body which are applicable to the Trust <br />~roperty and to the occupancy and use thereof. If this Deed <br />of Trust is OYI a unit iYI a condominium or a plany/ed UYJit <br />development, Trustor shall perform all of Trustor's <br />obligations under the declarations or covenants creating or <br />governing the condominium or the planned unit development, <br />the bylaws and regulations of the condominium or planned unit <br />development, and the constituent documents. <br /> <br />9. Inspection. Beneficiary or its agents may, at all <br />reasonable times, enter upon the Trust Property for the <br />purpose of inspection. Beneficiary shall have no duty to <br />make such inspection and shall not be liable to Trustor or to <br />any person in possession if it makes or fails to make any <br />such inspection. <br /> <br />10. Protection of Security. If Trustor fails to perform <br />any of the covenants and agreements contained in this Deed of <br />Trust, or if ay,y act i on or proceed i Ylg is cornmeYlced wh i ch does <br />or may adversely affect the Trust Property or the interest of <br />Trustc.r or Beneficiary therein or the title c,f Trustor <br />thereto, then Beneficiary, at its option, may perform such <br />covenants and agreernents, make such appearay,ces, defend <br />against and investigate such action or proceeding and take <br />such other action as Beneficiary deems necessary to protect <br />its interest including, but not limited to, disbursement of <br />reasonable attorney fees and entry upon the Trust Property to <br />make repairs. Any amounts disbursed by Beneficiary pursuant <br />to this paragraph 10, with interest thereon, shall constitute <br />Indebtedness of Trustor secured by this Deed of Trust. <br />Unless Trustor and Beneficiary agree to other terms of <br />payment, such amounts shall be payable upon notice from <br />Beneficiary to Trustor requesting payment thereof, and shall <br />bear interest from the date of disbursement at the default <br />rate, it any, set forth in the Note, or otherwise at the <br />highest rate permitted by law. Nothing contained in this <br />paragraph shall require Beneficiary to incur any expense or <br />take any action hereunder. Trustor irrevocably authorizes <br />and empowers Beneficiary to enter upon the Trust Property as <br />Trustor's agent and, in Trustor's name or otherwise to <br />perform any and all covenants and agreements to be performed <br />by Trustor as herein provided. Beneficiary shall, at its <br />option, be subrogated to any encumbrance, lien, claim or <br />demand and to all rights and ,securities for the payment <br />thereof paid or discharged by Beneficiary under the <br />provisions hereof and any such subrogation rights shall be <br />additional aY,d cumulative security for this Deed of Tt~ust. <br /> <br />] <br />I <br />;-':~1 <br /> <br />~".C;' <br />!2 <br />,it <br />:j! <br />.?:; <br />~ <br />;~ <br />'t' <br />.~ <br />t~ <br />~ <br /> <br />9 <br /> <br />r- <br /> <br />I <br />I <br />I <br />I <br /> <br />L <br /> <br />-.J <br /> <br />~J <br /> <br />L <br />