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I■ 87- 10294 Beneficiary upon any indebtedness and /or obligati' on secured hereby and in such order and amount as Beneficiary may deter• mine; or said amount or any portion thereof may, at the option f the Beneficiary, either be used in replacing or restoring the improvements partially or totally destroyed to a condition satisfactory to said Beneficiary, or said amount or any portion thereof may be released to the Trustor. In any such event neither the Trustee nor the Beneficiary shall be obligated to see to the proper application thereof; nor shall the amount so released or used be deemed a payment on any indebtedness secured hereby. Such application, use, and /or release shall nut cure or waive any defau It or notice of default hereunderor invalidate any act done purau- ant to such notice. Any unexpired insurance and all returnable insurance premiums shall inure to the benefit of, and pass to, the Purchaser of the property covered thereby at any Trustee's sale held hereunder. If said property is sold pursuant to the power e 8410 contained herein or pursuant to any decree of foreclosure, all right, title and interest of Trustor in nd to the proceeds of fire and other insurance policies for damage prior to the sate, which preeeds are trot received prior to the dateotsaid sale, shall of to Beneficiary. Taxes and Other Sums Due: To pay, satisfy and discharge, at least ten (10) days before delinquency, all general and spe- cial taxes and assessments affecting such property, and in no event later than the date such amounts become due, (1) all encum- brances, charges slid liens, with interest, on such property, or any part thereof, which are, or appear to Beneficiary to be prior tow• superior hereto, (y) all costs, fees and expenses of this trust,", hether or not described herein, (3) fees or charges for any statement regarding the obligation secured hereby in any 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 my deem reasonable for services rendered by Beneficiary and furnished at the request of Trustor or any successor in interest a Trustor, (6) if such property includes a leasehold estate, all payments and obligations required of the Tru stew hiss ins -sit Truster, (5) i such property instrument or inatrumenta creating such leasehold, Trustor hereby a greeing 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 payments and monetary Ohl igations required of the owner of such property ants, conditions and restrictions pertaining to such property or an m p party under any declaration of coven. Payment. Beneficiary, without contesting the validity or arnount. may elect to make or advance such payment together with any Y modification thereof. Should Trustor fail to make any such costa, 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 valueofauch property lid agrees that Beneficiary, nthee ry, in the name of Trustor, may contest by appropriate proceedings such increase in assessment. or chap!<'ng in any way thc w�ferthetaaxuGonofdeKf omtht' a lueb (if real rproperty forthe pur osesoftexation ur P trfors taxation any lien thereon, 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 itseeuresshall have the right todeclareallaumssecured hereby dueaso fa date totespecifiedbyaotlessth n30ddaayswrite ten notice to be given W Trustor by Beneficiary; provided how ever, that such election shall be ineffective if Trustor iopermitted by law to pay the whole of such tax in addition to all other payments required hereunder and if, prior tosuch y such tax still agrees to pay tiny such tax when hereafter levied or assessed against such property, and such agreement shall consti- tute a modification of this Deed of Trust. pecifieddate,dtespy Sums Advanced to Bear Interest: To pay immediately upon detnand any sun's advanced or paid by Beneficiary or Trus- tee under any clause or provision of this Deed of Trust. Any such surns, until so repaid, shall be secured :oce by from the date it was advanced or paid at the same rate as such indebtedness and shall be secured by this Deed b Trust. Assignment of Detwsit8: That as further additional security if this to a construct ion loan, Trustor hereby Deed of Trust. and assigns to Beneficiary during continuance of these Trusts, all right, title and interest to any and all , Trust de deposited on behalf of Trustor with any city, count phone company and any other body or agency, for the public nstallat n or W secure the installation of any utility by Tr'uscorn any, tele- to this property. Failure of'Trustor to Comply pertaining in this Deed of Trust, or fail to perform arty obligation secured by this Deed of Trust, or do any sct Trustor agreed not ludo, Trustor t Y wuh Deed of Should Trustor fail to make arty payment, or to do any act as provided shall be in default under this Used of'1'rust. 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 be make or iz the same in such manner and W such extent as it may deem necessary to protect the security hereof, Beneficiary being authorized to inter upon such property for such purposes, and I 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 W repay any amount so ex Beneficiary. tended an demand of IT IS MUTUALLY AGREED THAT: Litigation: Trustor shall defend this Trust in any aet oll or Proceed ifig purporting to affect such property, whetheror not it affects the security hereof, or purporting to affect the rights or tow necessary claims slid actions to prevent or recover for any damage tour destruction of sorb property; and either Trustee or Renefi- ! era of Beneficiary or Trustee, lid shall file and prosecute all ciary is hereby authorized, without ohligati•m w to do to cutitrnence, a against Trustor, Beneficiary or Trustee, or with or without suit, to exerciser f for de' any ally right, rased or or conferred hereunder, whether or not fudguu nl tee• +tared in ®n appear m of defend any such action, whether brought la le or or intervene in any action or proceeding, y action or proceeding; and Trustee or Beneficiary may appear may settle. compromise or pay the anti a ur any other claims the 1 t n that take such and action any therein. as either may lira cx advance such sun's of money as either may deen, necessary. Whether or nut "Trustor so appears or defends, 'Trustoriurr ,h ��an l shall py all costs and expenses of Beneficiary and Trust -P, including Y peed and aunt. in any such action or Proceeding in which Beneficiary or Trustee ma a costs of of title and attorney's fees in a reasonable otherwise and irrespective of whether the interest of Beneficiary Y Appear by virtue of being made a party defendant or including but not limited to any action for the condemnation or Partition tion uf' urh pr ropy and a fy�uit brought by Beneficiary W foreclose this Deed of Trust. y questioned by such nation, Condemnation: All sums due, paid or payable to Trustor. or any successor in interest of Trustor, whether by v:ay ofjudg• ment, settlement or otherwise, (a) for injury or danlaKe to such property. .,r (b) in cunnecliuri with any condemnation for public use or injury to such property or any part thereof, or (c) in connection" the transaction financed a the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Decd of TrusL, sounding in tort or contract , including causes of action for fraud or concealment of a material fact together will, the settlements, proceeds, awards and dam. ages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Bene- ficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in still prosecute in itsown name, any action ar such proceeding, sito makeanytwrnpromiseorsettlement, inconnrctionwithanysuch takingurdamage.Trustor such further assignments of any cos Nensatiun, award, damages, rights of action and prareds as Beneficiaryyinaysrequire, The amount received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance policy, in connection with any condemnation for public useof or injury to such property, for injury or damage to such properly, or in connection with the transaction , appI c ,o the loan secured herrby are to too, applies! at the option of lienofie,ary ups)n any Indt•b[enlm•sv sev and hrr shy. ua turb application, use or release shall care or waive any default or notice of default hen under ur mvsli rate any act dune pursuant W such Holier. t'onaent, Partial Reconveyan +'e• F;lc. 'Thal at any Ifine, or from time lu Utne u,tbout lu. +niuy' Uo•reh,r. list wuhoul notice. upon wrtlert request of NeneflciarY. amt witlruut afArhna ter {er.,n�al hab,hty..f any person fur payment of the mde•►,ted- 0