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_ 101779 Beneficiary upon any indebtedness and/or obligntion secured hereby aBa such order Rnd amount as Beneril'ial'Y Illay dell.'r- mine: or said amount or any portion thl.'reof may. at the option of the Beneficiary, either be used in replacing or restoring the improvements partially or totally destroyed to a condition Rlllisfactory to said Beneficiary, or said amount or any portion thereof may be released to the TrU!;tor, In any such event neither thc Trustee II,.:' f he Beneficiary shRII be obligated to see to the proper application thereof: nor shall the amount so released or used be deemcn a paYlIIl.'nt on any indebtedness' secured hereby. Suc'" aprllication, use. and/or release shall not cure or waive any default or notice of defau It !.ereu nder or inval idate any Rct done pursu- ant to such notice, Any unexpired insurance and all returnablc insurance IlI'emiums shall inure to the benefit of, and pass to, the purchaser of the propert}' covered thereb}' at any Trustee's sale held hereunder. I f said property is sold pursuant to the power of sale contained herein or pursuant to any decree of foreclosure, all right, title and interest of Trustor in and to the proceeds of fire and other insurance policies for damage prior lo the sale, which proceeds are not received prior to the dateofsaid sale. shall belong to Beneficiary. Taxes and Other Sums Due: To pay, satisfy and discharg-e, at least ten (10) days before delinquency, all general andspe- cial taxes and assessments affecting such property, and in no e\'ent later than the date such amounts become due. (l) all encum. brances, charges and liens. with interest. on such property, or any part thereof, which are, or appear to Beneficiary to be prior to or superior hereto. (2) all costs, fees and expenses of this trust, whether or not described herein, (3) fees or charges for any statement regarding the obligation secured hereby in anr amount demanded by Beneficiary, not to exceed the maximum amount allowed by law therefor at the time when such request is made, (4) such other charges as the Beneficiary may deem reasonable for services rendered by Beneficiary and furnished at the request of Trustor or any successor in interest to Trustor, (6) if such property includes a leasehold estate, all pay ments and obligations required of the Trustor or his successor in interest under the terms of the instrument or instruments creating such leasehold, Trustor hereby agreei'ng not to amend, change, or modify his leasehold inter- est or the terms on which he has such leasehold interest. or to agree to do so, without the written consent of Beneficiary being first obtained, and (6) all paymenLo; and monetary obligations required of the owner of such property under an}' declaration of coven- ants, conditions and restrictions pertaining to such property or any modification thereof. Should Trustor fail to make any such payment. Belll'ficiar)'. without contestin~ the validity or amounl. may elect to make or advance such payment together with any costs, expenses, fees or charges relating thereto. including employing counsel and paying his reasonable fees. Trustor agrees to notify Beneficiary immediately upon receipt by Trustor of notice of any increase in the assessed valueofsuch property and agrees that Beneficiar)', in the name of Trustor, may contest by appropriate proceedings such increase in assessment. [n the event of the passage of any law deducting from the value of real property for the purposes of taxation any lien thereon. or changing in an)' way the laws for the taxation of deedsoftrustor debts secured by deedsoftrust for state or local 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 and of the obligations which it secures shall have the rhrht to declare all sums secured hereby due asof a date to be specified by not less than 30 days' writ- ten notice to be given toTrustor br Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by law to pay the whole of such tax in addition to all other payments required hereunder and if, prior tosuch specified date, does pay such tax and agrees to pay any such tax when hereafter levied ur assessed against such pruperty, and such agreement shall consti- tute a modification of this Deed of Trust. Sums Advanced to Bear Interest: To pay immediately upon demand any SIlins advanced or paid by Beneficiary or Trus- tee under any clause or provision of this Deed of Trust. A ny such sums, until so repaid, shall be secured hereby and bear interest from the date it was advanced or paid at the same rate as such indebtedness and shRII be secured by this Deed of Trust. Assignment of Deposits: That as further additional security if this be a constructiun loan, Trustor hereby transfers and assigns to Beneficiary during continuance of these Trusts, all right. title and interest to any and all monies deposited by Trustor or deposited on behalf of Trustor with any city, county, public hudy or agenc)', sanitary district, Kas and/or electric company, tele- phone company and any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to this property. Failure of Trustor to Comply with Deed of Trust: Should Trustur fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured b}' this Deed of Trust, or doany act Trustor agreed not to do, Trustur shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same, may (a) make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof, Beneficiary being authorized to enter upon such property for such purposes, and (b) pay, purchase, contest or compromise any encumbrance, charge or lien. which in its judgment is or appears to be prior or superior hereto, and (c) in exercising any such power, pay neces- sary expenses. employ counsel and pay his reasonable fees, Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: Litigation: Trustor shall defend this Trust in any action or proceeding purporting toaffectsuch property. whether or not it affects the security hereof. or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prose(~ute nil necessary claims and actions to prevent or reco\'er for any damage toOl' destructiun of such property: and either Trustee or Benefi- ciar}, is hereby authorized, without obli~atinn so to do, to commence, appear in or defend any such action, whether brought by or against Trustor, Beneficiary or Trustee. or with or without suit, to exercise or enfOl'ce any other right, remedy or power available or conferred hereunder, whether or not jUtll!llIl'lI1 he entered in any actiun ur proceeding: and Trustee or Beneficiary may aplll'U" or intervene in any action or proceeding, and retain counsel therein: alld take such action therein, as either may be advi!lPCI and may settle, compromise or pay the same or uny other claims and. in that hl.-Ital f and for any of said llUrtlOSes, may expend nnd ad\rance such sums of money as either may deem necessary, Whether 01' lint Trustor so appearll or defends, Trustor on demand shall pay all costs and expenses of Beneficiary Rnd Trustee, including costs of evidence of title and atturney's fees ill a reRsullllble sum. in ailY such action or proceeding ill which Beneficiary or Trustee may appear by virtue of beillK made a party defendant or otherwise and irrespective of whether the interesl of Beneficiary or Trust('(> in such property is direl't Iy (!HP"Uoned by such action, including but not limited to any action for lhe condemnation or partition uf sllch propaty llnd any suit brought b}' Beneficiary to loreclose this Deed of Trust Condemnation: All sums due, paid or payable to Trustor. or any successor in interest of Trustor, whether by way of judR"- ment. settlement or otherwise, (a) for injury or damage tosuch property,lIr (b) in connectiun with any condemnation for 1111 blic use or injury to such property or any part thereof, or (1'1 in connection with the transaction financed by the loan secured herehy, or Id) arisinR' out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort ur contract, including causes or action ror Iraud or concealment of a material fael tORether with the settlements. proceeds, awards and dam- aR'es, direct and consequential, in connection therewith. are hereb}' absolutely and irrevt'cably assigned and shall be paid tll Bene- ficiary. Beneficiary shall be entitled, at its option. to commence, intervene in..appear in and prosecute in its own name. any action or: Jlrocet>dinR', or to make any cOITlJlromise or settlement, in connection with any such tnking or damRR"C, Trustur agrees to exet'ute such lurther assignments of any compensation. award, damages, rights of action and proceeds as Beneficiary muy require, The amount received by Beneficiary pursuant to this Deed of Trust under all}' firc III' other insurance policy. in connectiOI1 with any rondt'rrll1ation for public useor or injllry to such properly, for injury or dllll1IlR(~ In stich pl'Operly,n.. i'H'onm'ctiol1 with the transaction financed by the loftn secured hereby are to Ill' applied utthe optiun or Ilendil'illry upol1llny indeuleduess seru red ill'''- . eby, No !luch Bi'lllication. URe or release 10111111 cure or waive any lh'fRlllt or /lolicl' or defllull hen'ullder or invulidflll' /lny arl dOlle punuant to such /lutire. Cfmaenl, flarlll,l nt(,O"\'t')'anr.I~, ";tc.: Thlltlll all)' tinll', or (rnlll 111111' 10 111111', \\'Ilhllutlillbllitr thl'rl'rOl', lllld l\'ithoUI notice, upon written rlHltlt'1l1 of Bcnefirinrr, and w ithoul nffl'l'ti Il~ till' PI" ';01'1111111 hil il)' or II II}' "l'''~1I1l rllr p!l)'lIll'fl I (If t hi' IlIdl'll! ('d-