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<br />88- 10402€ <br /> <br />FIR!,:, C;:ASl\ALTY, ANDO;THER INSURANCE: To keep such property insured against loss or damage by fire and other. <br />risk or risks 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 ofthese obligations, which delivery shall <br />constitute an assignment by Trustor to Beneficiary of all rig his 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, II Trustor falls 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 for 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 for the amount of such Insurance. the form or legal sufficiency of <br />insurance contracts, solvency of insurers, or payment of losses by insurers, and Trustor hereby expressly assumes full <br />responsibility therefore and liability, If any, thereunder. in the event of loss, Trustor shali give immediate written notice to <br />Beneficiary, and Beneficiary may, but is not obligated to, make proof of 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 used in replacing or <br />restoring the improvements partially or totally deslroyed 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 amou nl 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 to such notice. Any unexpired insurance and all returnable insurance <br />premiums shall insure to the benefit of, and pass to, the purchaser of the property covered thereby at any Trustee's sale held <br />hereunder. II said property is sold pursuanllo the power of sale contained herein or pursuanllo any decree offoreclosure, <br />all right, tille 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 lime 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 interesl, on such property, or <br />any partfhereol, which are, or appear to beneficiary, In 115 sole discretion. to be prior to or superior hereto. (2) all costs,Iees <br />and expenses ofthis trust, whether or not described herein, (3) fees or charges for any statement regarding the obligallon <br />secured hereby In any amount demanded by 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 01 Trustor or any successor in interest to Trustor, (5) if such property includesa <br />leasehold estate, all payments and obligations required of the Trustor or his successor in interest under the terms of the <br />instrument or instrumenls creating such leasehold, (6) all payments and monetary obligations required of the owner 01 <br />such property under any declaration of covenants, conditions and restrictions pertaining to such property or any <br />modification thereof; (7) all mortgage insurance or guaranty fees, premiums, or charges ot 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 />In the event of the passage of any law deducting from the value of real property for Ihe purposes of taxation any lien <br />thereon or changing in any way the laws for the taxation of deeds oftrust or debts secured by deeds oftruslfor state or local <br />purposes. or the manner of the collection 01 any such taxes, so as to affectthis Deed oITrust, the holder ofthis Deed of Trust <br />and of the obligations which il secures shall have the right to declare all sums secured hereby due as of a date to be <br />specilied 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 dale, does pay such tax and agrees to pay any such tax when hereafter <br />levied or assessed against such property, and such agreement shall constllute 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 ofthe debt or the lien ofthis 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 oITrusl 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 installalion 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 pay men I, or to <br />do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this D'led 01 Trust, or do any act <br />Trustor agreed not to do, Beneficiary. but without obligation so to do and withoul notice to or demand upon Trustor and <br />without releasing Trustor from any obligation hereof and without contesting the validily or amount oflhe same, may (a) pay, <br />make or do the same in such manner and 10 such extent as il may deem necessary to protect the security hereof, <br />Beneticiary being authorized 10 enter upon such property for such purposes, and (b I pay. purchase, conlesl or <br />compromise any encumbrance. charge or lien. which in its judgement 15 or appears to be pnor or supertor hereto, and ( c ) <br />.n exerCIsing any such power, pay necessary costs, fees, and expenses, employ counsel and pny c-ounsof's reasonable <br />fees Trustor agrees to repay any amount so expended on demand ot BenefiCiary <br />