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<br />88--" <br /> <br />100706 <br /> <br />I <br /> <br />FIRE,~foSUAL TY, AND OTHER INSURANCE: To keep such property insured agamst loss or damage by fire and other <br />rlsk"or\isks which, in the sole opinion of Beneficiary should be insured against, under policies of insurance wIth loss <br />payable to Beneficiary in form, amount and companies acceptable to Beneficiary. Said policies shall be delivered to and <br />remain in possession of Beneficiary as further security for the faithful performance of these obligations, which delivery shall <br />constitute an assignment by Trustor to Beneficiary of all rights thereunder, including all return premiums; to deliver to <br />Beneficiary a policy or policies renewing or extending any expiring insurance with a receipt showing premiums paid at <br />least thirty (30) days before expiration. If Trustor fails to so deliver any renewal policies, Beneficiary may procure such <br />insurance as it may elect and may make payment of premiums thereon, which payment is repayable on demand. Neither <br />Trustee nor Beneficiary shall be responsible lor obtaining or maintaining such insurance. Beneficiary, from time to time, <br />may furnish to any insurance agency or company, or any other person, any information contained in or extracted from any <br />insurance policy theretofore delivered to Beneficiary pursuant hereto, and any information concerning the loan secured <br />hereby. In no event and whether or not default hereunder has occurred shall Beneficiary, by the fact of approving, <br />accepting or obtaining such insurance, incur any liability lor the amount 01 such insurance, the lorm or legal sufficiency of <br />insurance contracts, solvency 01 insurers, or payment of losses by insurers, and Trustor hereby expressly assumes full <br />responsibility therelore and liability, il any, thereunder. In the event 01 loss, Trustor shall giye immediate written notice to <br />Beneficiary, and Beneliciary may, but is not obligated to, make prool 01 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, at the option of the Beneficiary, be applied <br />by Beneficiary upon any indebtedness and/ or obligation secured hereby and in such order and amount as Beneficiary may <br />determine; or said amount or any portion thereof may, at the option of the Beneficiary, either be U!~ed in replacing or <br />restoring the improvements partially or totally destroyed to a condition satisfactory to said Beneficiary, or said amount or <br />any portion thereof may be released to the Trustor. In any such event neither the Trustee nor the Beneficiary shall be <br />obligated to see to the proper application 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 act done pursuant 10 such notice. Any unexpired insurance and all returnable insurance <br />premiums shall insure 10 the benefit of, and pass to, the purchaser of the property covered thereby at any Trustee's sale held <br />hereunder. If 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 sale, 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 /> <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 and liens, with interest, on such property, or <br />any part thereof, which are, or appear to beneficiary, in its sole discretion, to be prior to or superior hereto, (2) all costs, fees <br />and expenses ofthis trust, whether or not described herein, (3) fees or charges for any statement regarding the obligation <br />secured hereby in any amount demanded oy Beneficiary, not to exceed the maximum amount allowed by law therefore at <br />the time when such request is made, ( 4 ) such other charges as the Beneficiary may deem reasonable for services rendered <br />by Beneficiary and furnished at the request of Trustor 'Jr 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 or 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; ( 1 ) all mortgage insurance or guaranty fees, premiums, or charges of any nature pertaining to such <br />property. Trustor agrees to notify Beneficiary immediately upon receipt by Trustor of notice of any increase in the assessed <br />value of such property and agrees that Beneficiary, in the name of Trustor, may contest by appropriate proceedings such <br />increase in assessment. <br /> <br /> <br />In the event of the passage of any law deducting from the value of real property for the purposes 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 slate 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 secures shall have the right to declare all sums secured hereby due as of a date to be <br />specified by not less than 30 days' written notice to be given to Trustor by Beneficiary; provided, however, that such <br />election shall be ineffective if Trustor is permitted by law to pay the whole of such tax in addition to all other payments <br />required hereunder and if, prior to such specified date. does pay such tax and agrees to pay any such tax when hereafter <br />levied or assessed against such property, and such agreement shall constitute a modification of this Deed of Trust. <br /> <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 general 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 provided under 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 shall deliver to Trustee such additional sums of money as are necessary to make up any deficiency in the amounts <br />necessary to enable Trustee to pay any of the foregoing items. <br /> <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 date 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 /> <br />ASSIGNMENT OF DEPOSITS: That as additional security if 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 utility by <br />Trustor, pertaining to this property, <br /> <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 fail to perform any obligation secured by this Deed of Trust. or do any act <br />Trustor agreed not to do, Beneficiary, but without obligation 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 III such manner and to such extent as it may deem necessary to protect the security hereof, <br />Beneficiary being authorized to enter upon such property for such purposes, and (b) pay, purchase, contest 01 <br />compromise any encumbrance, charge or lien, whIch in its Judgement IS or appears to be pilar or super lor herelo, and (c) <br />.n exorcIsing any such power, pay necessary costs. fees, and expenses, employ counsel and pay counsel's reasonable <br />feos Trustor agrees to repay any amount so expended on demand of BenefiCiary <br /> <br />/if.:' <br />,~I <br /> <br />'. <br /> <br />.-1 <br />