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F- <br />86- 102471- <br />FIitF ('ASUAINY. AND OTHER INSURANCE -To keep such property insured against loss ordamage by fire anti od'errisk <br />or risks which, in the sole opinion of Beneficiary should he insured against, under policies of insurance with loss payable to <br />1 Iteneliciary in form, amount and companies acceptableto Beneficiary. Said policiesshalI bedelivered to and remain in posses <br />Sion of Beneficiary as further security for the faithful performance of these obligations, which dt•livery shall constitute an <br />assignment by Trustor to Beneficiary of all rights thereunder, i tic] uding all return prvmiuma;; to deliver to iioneliciary a policy <br />or policies renewing nr extending any expiring insurance with a receipt showing premiums paid at least thirty (30)days before <br />expiration. If Trustor 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. NeitherTrustee nor Beneficiary shall he respon- <br />sible• f %,r obtaining or maintaining such insurance. Beneficiary. from time to time, may furnish to any insurance agency or <br />rompany, or any other person, any information contained in or extracted from any insurance polic;: theretofore delivered to <br />Beneficiary pursuant hereto, and any information concerning the loan secured hereby. In no event and whether or not default <br />hereander has to curred shall Beneficiary, by the fact of approving. accepting or obtaining such insurance. incur any liability <br />1411- tilt- 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 loss, 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 loss the amount collected under any policy of insurance tin such <br />property may, at the option of the Beneficiary, be applied by Beneficiary upon any indebtedness and, or obligation Secured <br />horehy and in such order and amount as 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 a condition satis- <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 he obligated to see to the proper application thereof: nor shall the amount so released or used <br />lie deemcA a payment on any indebtedness secured hereby. Such application, use and'ur release shall not cure or ..wive any <br />default or notice of default hereunder or invalidate any act done pursuant to such notice. Anv 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 anv <br />Trustee's Sale held hereunder. If said property is sold pursuant to the power of sale contained herein or pursuant to zany decree <br />of foreclosure, all right, title and interest of Trustor in and to the proceeds off ire 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 tither requirements and provide such other type of insurance its Beneficiary may require from time to time for the protec- <br />tion by insurance of the interest of the respective parties hereto. <br />TA AND OTHER SUMS DUE: To pay. satisfy and discharge, at least to ten ( 10)days befure delinquency all general and <br />special :axes and assessments and other public charges, and in no event later than the date such amounts become due and to <br />further pay when due or requested: (D all encumbrances, charges and liens, with interest, on such property, or any part thereof, <br />which are, or appear to beneficiary. in its soled iscretion, to be prior to or superior hereto, (Y) 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 N. not to exceed the maximum ;nnount allowed by law therefor at the time when such request <br />is made. (4) such other charges its 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 such 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, ((i) 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 modfcation thereof-, (7) all mortgage insurance or <br />guaranty foes, premiums, or charges of any nature pertaining to such property. Trustur agrees to notify Beneficiary immedi- <br />:ocly upon receipt by Trustor of notice of any increase in the assessed value of such property and agrees that Beneficiary, in the <br />name of Trustor, may contest by appropriate proceedings such increase in assessment. <br />1 it the event of the passage of any law deducting from the value of real property for the purposes of taxation any lien thereon <br />or changing in any way the laws for the taxation ofdeeds of trustor debts secured by deeds (it trust for state tit, local purposes, or <br />t he 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 obh- <br />galioria which it secures shall have the right to declare all sums secured hereby duc as of a date to he specified by not less than <br />.;u days' written notice to he given to Trustur'uy Beneficiary: provided, however, that such election shall he ineffective ifTrust- <br />,o 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 />..pecilied date. does pay such tax and agrees to pay any such tax when hereafter levied or assessed against such property, and <br />.uch agreement shall constitute a modification of this Deed of Trust. <br />FUNDS FOR TAXES AND INSURANCE: if Beneficiary shall so request,'I'rustor agrees that there shall be added to the <br />periodical payment required to be made hereunder an amount estimated by Trustee to he suff ieient tit enable Trustor to pity, at <br />1,•o.st thirty (all) days before- delinquency, all general and special taxes, assessients, orother publiccharges against such prop - <br />,•rtv, 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 />anct• retuired to he provided under this Deed of Trust and all mortgage insurance or guaranty fees, premiums or similar charges <br />:au) 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 as are necessary to make up any deficiency in the amounts necessary to enable Trustee to pay any of <br />the foregoing items. <br />SkAMS ADVANCED TO BEAR I NTF.REST: To pay immediately upon demand any sums advances or paid by Beneficiary <br />„r'IYustee under anv clause or provision of this Deed of "Trust. Any such sums, until sit repaid, shall besecured herebv and hear <br />ottere•st from the date advanced or paid ;t the same rate as set forth in such i'minissury Note and shall be secured by this Deed <br />, d 'Trust. <br />7 <br />ASSI(1N91EN•I' OF DEPOSITS: That as additional security if this he it construction loan, Trustor hereby transfers and <br />.i,stgns to Beneficiary during continuance of these Trusts, all right. title and interest to nnv;nd all monies deposited byTrust- <br />"r or do-posited in behnlf of Trustor with any city, county. public body or agency, sanitary district. gas and ur electric com. <br />p;aiy. telephone ronipnny and any other body (or agency, fur the installation or to secure the installation tut any utility by <br />Trustor. pertaining to this property. <br />FAILURE( iFI' ItUS 1' etlt' I' Oe' (iltl'I.1'1 \'I'TFIIIEEM)FTRt'ST In the ,•tent "Ilu,torshuuldfmltutnuke urypayment.or <br />I <br />L� <br />d,„ ,art :u t .is pro, lied in th! I Iced of 'll n >l, r :ail to perform •ant , hbg.tU ,n secured ht tlus Dced of Trust. 1. t r do ant .act <br />Trustor agreed not tea tin. Bent•firinry. Iiut without td)hgatlon sa t„ flu and without notice to or demand upon Trustor and with <br />"tit micasingTi'ustur from amp obligation iwwot and w•itliout cont,•sting tht•.abclitc - -mount otthesame, niav r;ui pav, make <br />,r do the satin +• m sue•h manner' and In such extent as t inay deem ncress,ac l„ p:ou•ct th,• securuc hereof. Ieeneftciary being <br />.oahor,et•e( to enter upon ,uch pr,yr,•rty for Such purposes, and for pay. purchase, contest or t omprotntse:uiv encunibeance. <br />.. <br />h.oct „r hen. w tech m ids judgcmcnl Ism .appears to he prior or !,uprrtnr hereto. and W) in v\ercistig any such power. pay tier <br />,.,r% roots, lees. ,tad , spenaos. enipiov counsel and guy counsel', reasonable iee•S Trustoo agrees to repat anv :unount so <br />�jwna-i om demand o 1(enef dory. <br />