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11 <br />85-- 000870 <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due <br />the principal of, an t e interest on, the indebtedness evi- <br />denced by the Note, charges, fees, and all other sums as <br />provided in the Loan Instruments. <br />2. TAXES. Trustor shall pay each installment of all <br />taxes and special assessments of every kind, now or hereafter <br />levied against the Trust Estate or any part thereof, before <br />delinquency, without notice or demand, and shall provide Bene- <br />ficiary with evidence of the payment of same. Trustor shall pay <br />all taxes and assessments which may be levied upon Benefici- <br />ary's interest herein or upon this Deed of Trust or the debt <br />secured thereby, without regard to any law that may be enacted <br />imposing payment of the whole or any part thereof upon the <br />Beneficiary. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire <br />and extended coverage insurance insuring the improvements and <br />buildings constituting part of the Trust Estate for an amount <br />no less than the amount of the unpaid principal balance of the <br />Note (co- insurance not exceeding 80% permitted). Such insurance <br />policy shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be cancellable, terminable or modifi- <br />able without ten (10) days prior written notice to Beneficiary. <br />Trustor shall promptly repair, maintain and replace the Trust <br />Estate or any part thereof so that, except for ordinary wear <br />and tear, the Trust Estate shall not deteriorate. In no event <br />shall the Trustor commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear <br />in and contest any action or proceeding purporting to affect <br />the security hereof or the rights or powers of Beneficiary or <br />Trustee, and shall pay all costs and expenses, including cost <br />of evidence of title and attorney's fees, in any such action or <br />proceeding in which Beneficiary or Trustee may appear. Should <br />Trustor fail to make any payment or to do any act as and in the <br />manner provided i:n any of the Loan Instruments, Beneficiary <br />and/'or Trustee, each in its own discretion, without obligation <br />to do so and without notice to or demand upon Trustor and <br />without releasing "Trustor from any obligation, may make or do <br />the same in such manner and to such extent as either may deem <br />necessary to protect the security hereof. Trustor shall, <br />immediately upon demand therefor by Beneficiary, pay all costs <br />and expenses incurred by Beneficiary in connection with the <br />exercise by Beneficiary of the foregoing rights, including <br />without limitation costs of evidence of title, court costs, <br />appraisals, surveys and attorney's fees. Any such costs and <br />expenses not paid within ten (10) days of written demand shall <br />draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part: <br />thereof or interest therein, be taken or damaged by reason of <br />any public improvement or condemnation proceeding, or in any <br />other manner including deed in lieu of Condemnation ( "Condemna- <br />tion"), or should Trustor receive any notice or other informa- <br />tion regarding such proceeding, Trustor shall live prompt <br />written notice thereof to Beneficiary. Beneficiary ,;hall be <br />entitled to all compensation, awards and other payments or <br />relief therefor, and shall be cnCitled rat its option to com- <br />mence, appear in and prosecute in its own name any action or <br />proceedings. Beneficiary shall also be entitled to make any <br />compromise or settlemem in connection with such taking; or <br />damage. All such compWnsation, aawards, damages, rights of <br />action and procceds awarded to Trustor (the "Proct-ods ") are <br />hereby assi.gried to Beneficiary and truster ,grew Lo oxvCute <br />such further assignments of the Proceeds ;as flonefici.ary or <br />Trustee miry require. <br />R <br />