|
86-r 105668
<br />FIRE, CASUALTY, AND OTHER 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 of these obligations, which delivery shall
<br />constitute an assignment by Trustor to Beneficiary of all rights 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. If Trustor fails 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 shall 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 destroyed 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 amount 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. If said property is sold pursuant to the power of sale contained herein or pursuant to any decree of foreclosure,
<br />all right, title 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 time for the protection
<br />by insurance of the interest of the respective parties hereto.
<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: It ) all encumbrances. charges and liens, with interest, on such property, or
<br />any part thereof, which are, or appear to beneficiary, in its sole discretion, to be prior to or superior hereto, (2) all costs, fees
<br />and expenses of this trust. whether or not described herein, (3) fees or charges for any statement regarding the obligation
<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 of Trustor or any successor in interest to Trustor, (5) if such property includes a
<br />leasehold estate, all payments and obligations required of the Trustor or his successor in interest under the terms of the
<br />instrument or instruments creating such leasehold, (6) all payments and monetary obligations required of the owner of
<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 of any nature pertaining to such
<br />property. Trustor agrees to notity Beneficiary immediately upon receipt by Trustor of notice of any increase in theassessed
<br />value of such property and agrees that Beneficiary, in the name of Trustor, may contest by appr priate proceedings such
<br />increase in assessment.
<br />In the event of the passage of any law deducting from the value of real property for the purposes of taxation any lien
<br />thereon or changing in any way the laws for the taxation of deeds of trust or dents secured by deeds of trust for state or local
<br />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
<br />and of the obligations which it secures shall have the right to declare all sums secured hereby due as of a date to be
<br />specified 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 date, does pay such tax and agrees to pay any such tax when hereafter
<br />levied or assessed against such property, and such agreement shall constitute a modification of this Deed of Trust
<br />FUNDS FOR TAXES AND INSURANCE. It 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 of the debtor the lien of this 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 />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 of Trust 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 TrusL
<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 installation of any utility by
<br />Trustor, pertaining to this property
<br />ri
<br />FAILURE OF TRUSTOR TO COMPLY WITH DEED OF TRUST in the event Trustor should fail to matte any payment, or to !4�
<br />do any act as provided in this Deed of Trust, or fait to perform any obligation secured by this Deed of Trust, or do any act
<br />Trustor agreed not to do, Beneficiary, but without obligation so to do and without notice to or demand upon Trustor ano
<br />without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same, may (a) pay.
<br />make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,
<br />Beneficiary being authorized to enter upon such property for such purposes. and (b l pay, purchase contest of
<br />compromise, any encumbrance, char go or lien, which in its judgement is or appears to be prior or superior heroic and i c 1
<br />:n exer4igang any such power. pay necessary costs. fees. and expenses, empioy coi;nsol and pav 4nunsei s reasonat le
<br />to". Trustor agrees to repay any amount so expended on demand of Berlefic tat y
<br />
|