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1 <br />87.104232 <br />FIRE, CASUALTY, AND OTHER INSURANCE: To keep such property insured against low or damage by fire and other risk <br />or risks which, in the sole opinion of Beneficiary should be insured against, under policies of insurance with loss payable to <br />Beneficiary in form, amount and companies acceptable to Beneficiary. Said policies shall bedelivered to and remain in posses. <br />lion of Beneficiary as further security for the faithful performance of these obligations, which delivery shall constitute an <br />assignment by Trustor to Beneficiary of all rights thereunder, including all return premiums; to deliver to Beneficiary a policy <br />or policies renewing or extending any expiring insurance with a receipt ahowing premiums paid at least thirty (.10) days before <br />expiration. IfTrustor fails to so deliver any renewal policies. Beneficiary may procure such insurance as it may elect and may <br />make payment of premiums thereon, which payment is repayable on demand. Neither Trustee nor Beneficiary shall be respon- <br />sible for obtaining or maintaining such insurance. Beneficiary, from time to time, may furnish to any insurance agency or <br />company, or any other person, any information contained in or extracted from any insurance policy theretofore delivered to <br />Beneficiary pursuant hereto, and any information concerning the loan secured hereby. In no event and whether or notdefoult <br />hereunder has occurred shall Beneficiary, by the fact of approving, accepting or obtaining such insurance, incur any liability <br />for the amount of such insurance, the form or legal sufficiency of insurance contracts, solvency of insurers, or payment of <br />losses by insurers, and Trustor hereby expressly assumes full responsibility therefore and liability, if any, thereunder. In the <br />event of low, Trustor shall give immediate written notice to Beneficiary, and Beneficiary may, but is not obligated to, make <br />proof of loss if not made promptly by Trustor. In case of any low the amount collected under any policy of insurance on such <br />property may, at the option of the Beneficiary, be applied by Beneficiary upon any indebtedness and /or obligation secured <br />hereby and in such order and amount an Beneficiary may determine; or said amount or any portion thereof may, at the option <br />of the Beneficiary, either be used in replacing or restoring the improvements partially or totally destroyed to it condition antia- <br />factory to said Beneficiary, or said amount or any portion thereof may be released to the Trustor. In any such event neither the <br />Trustee nor the Beneficiary shall be obligated to see to the proper application thereof; nor shall the amount so released or used <br />be deemed s payment on any indebtedness secured hereby. Such application, use and /or release shall not cure or waive any <br />default or notice of default hereunder or invalidate any act done pursuant to such notice. Any unexpired insurance and all re- <br />turnable insurance premiums shall insure to the benefit of, and pass to, the purchaser of the property covered thereby at any <br />Trustee's sale held hereunder. If esid property is sold pursuant to the power of ease contained herein or pursuant to any decree <br />of foreclosure, all right, title and interest of Trustor in and to the proceeds of fire and other insurance policies for damage prior <br />to the sale, which proceeds are not received prior to the date of said sale, shall belong to Beneficiary. Trustor will comply with <br />such other requirements and provide such other type of insurance as Beneficiary may require from time to time for the protec- <br />tion by insurance of the interest of the respective parties hereto. <br />TAXES AND OTH ER SUMS DUE: To pay, satisfy and discharge, at least toten (10) days before delinquency all general and <br />special taxes and assessments and other public charges, and in no event later than the dale such amounts become due and to <br />further pay when due or requested: (1) all encumbrances, charges and liens, with interest, on such property, or any part thereof, <br />which are, or appear to beneficiary, in its sole discretion, to be prior to or superior hereto, (2) all costs, fees and expenses of this <br />trust, whether or not described herein, (3) fees or . charges for any statement regarding the obligation secured hereby in any <br />amount demanded by Beneficiary, not to exceed the maximum amount allowed by law therefor at the time when such request <br />is made, (4) such other charges as the Beneficiary may deem reasonable for services rendered by Beneficiary and furnished at <br />the request of Trustor or any successor in interest to Trustor, (5) if ouch property includes a leasehold estate, all payments and <br />obligations required of the Trustor or his successor in interest under the terms of the instrument or instruments creating such <br />leasehold, (6) all payments and monetary obligations required of the owner of such property under any declaration of cove. <br />nants, conditions and restrictions pertaining to such property or any mofification thereof; (7) all mortgage insurance or <br />guaranty fees, premiums, or charges of any nature pertaining to such property. Trustor agrees to notify Beneficiary immedi• <br />ately upon receipt by Trustor of notice of any increase in the assessed valueofeach property and agrees that Beneficiary, in the <br />name o(Truesor, may contest by appropriate proceedings each increase in assessment. <br />In the event of the passnge of any low deducting from the value of real property for the purposesof taxation any lien thereon <br />or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for state or local purposes, or <br />the manner of the collection of any such taxes, an as to affect this Deed of Trust, the holder of this Deed of Trust and of theobli- <br />gations which it secures shall have the right to declare ail suns secured hereby due as are date to be specified by not less than <br />30 days' written notice to he given to Trustor by Beneficiary; provided, however, that such election shall be if. Wective if Trust- <br />or is permitted by law to pay the whole of such tax in addition to all other payments required hereunder and if, prior to such <br />specified date, does pay such tax and agrees to pay any such tax when hereafter levied or assessed against such property, and <br />such agreement shall constitute a modification of this Deed of Trust. <br />FUNDS FOR TAXES AND INSURANCE: if Beneficiary @hall an request, Trustor agrees that there shall be added to the <br />periodical payment required to be made hereunder an amount estimated by Trustee to be sufficient to enable Trustor to pay, at <br />tenet thirty (30) days before delinquency, all general and special taxes, assessments, orother public charges against such prop. <br />erty, the Promissory Note, or upon or on account of the debt or the lien of this Deed of Trust, together with premiums for insur- <br />ance required to be provided under this Deed of Trust and all mortgage inaurance or guaranty fees, premiums or similar charges <br />and no interest shall be payable to Trustor in respect thereof. Upon demand by Trustee, Trustor shall deliver to Trustee such <br />additional sums of money ss are necessary to make up any deficiency in the amounts necessary to enable Trustee to pay any of <br />the foregoing items. <br />SUMS ADVANCED TO BEAR INTEREST: To pay immediately upon demand any sums advances or paid by Beneficiary <br />or TrmoAw under any clause or provision of this Deed of Trust. Any such sums, until so repaid, shall be secured hereby and bear <br />interest from the date advanced or paid al the same rate as set forth in such Promissory Note and shall be inured by this Deed <br />of Trust. <br />ASSIGNMENT OF DEPOSITS: That an additional security if this be a construction loan. Trustor hereby transfers and <br />"signs to Beneficiary during continuance of these Trusts, all right, title and interest to any and all monies deposited by Trust. <br />or or dip I d on behalf of Trustor with any city, county, public body or agency, sanitary district, gas and /or electric com- <br />pany, telephone —pony and any other body or agency, for the ineWlation or to secure the installation of any utility by <br />T"Wkw. pertaining to this iKOperty. <br />FAILURE OF TRIISTOR TO COMPLY WITH DEED OF TRUST: In the event Trustor should fail to make any payment, or <br />to do any act as provided in this Decd of Trust, or fnil to perform any obligation secured by this Deed of Trust, or do any act <br />Trustor agreed not to do, flenefnciary, but without obligation so to do and without notice to or demand upon Trustor and with <br />out releasing Trustor from any obligation herrof and without contesting the validity or amount of the same, may (a) pay, mn ke <br />or do the eame in such manner and to such extent as it may deem necessary to protect the security hereof, fleneficiary being <br />authorized to enter upon such property for such purposeo, and (b) pay, purchase, contest or compromise any encumbrance, <br />rhorge or lien, which in its judgement is or appears to be prior or superior hereto, and (c) in exercising any such power, pay nec- <br />essary costs, fees, and expenses, employ counsel and pay counsel's reasonable fees. Trustor agrees to repay any amount so <br />expended on demand of Blet"ciary, <br />w_J <br />