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<br />200805276
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<br />upon its obtaining knowledge of the institution or the threatened institution of any proceedings
<br />for the condemnation of any portion of the Trust Estate, Trustor shall notify Lender of such fact.
<br />Trustor shall then, if requested by Lender, file or defend any claim thereunder and prosecute
<br />same with due diligence to its final disposition, and shall cause any awards or settlements to be
<br />paid over to Lender for disposition pursuant to the terms of this Deed of Trust. Lender shall be
<br />entitled to participate in and to control same and to be represented therein by counsel of its own
<br />choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as may be
<br />requested by it from time to time to permit such participation. In the event Lender, as a result of
<br />any such judgment, decree or award, reasonably believes that the payment or performance of any
<br />Obligation secured by this Deed of Trust is impaired, Lender may, without notice, declare all of
<br />the Obligations immediately due and payable.
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<br />2.4 Insurance: Trustor shall, at Trustor's sole cost and expense, obtain and maintain
<br />casualty insurance in such forms and amounts as required by Lender. The policy or policies of
<br />casualty insurance shall name Lender as a loss payee and be in an amount reasonably sufficient
<br />to replace the Trust Estate in the event of a total loss. In case of loss, Lender, at its option, shall
<br />be entitled to receive and retain the proceeds of the casualty insurance policies, applying the
<br />same to the Obligations in such manner as Lender may elect. If any loss shall occur at any time
<br />when a Default shall have occurred, Lender shall be entitled to the benefit of all insurance held
<br />by or for Trustor, to the same extent as if it had been made payable to Lender, and upon
<br />foreclosure hereunder, Lender shall become the owner thereof.
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<br />2.5 Taxes and Assessments: Trustor will pay all taxes and assessments against or
<br />affecting the Trust Estate as the same become due and payable, and, upon request by Lender,
<br />Trustor will deliver to Lender such evidence of the payment thereof as Lender may require, and,
<br />if Trustor fails to do so, Lender may pay them, together with all costs and penalties thereon, at
<br />Trustor's expense.
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<br />2.6 No Discharge. The obligations and liabilities of Trustor under this Deed of Trust
<br />or any of the other Loan Documents shall in no way be released, discharged or otherwise
<br />affected (except as otherwise expressly provided in the Loan Documents) by reason of: (a) any
<br />damage to or destruction of or any condemnation or similar taking of the Trust Estate; (b) any
<br />restriction or prevention of or interference by any Person with any use of any of the Trust Estate;
<br />(c) any title defect or encumbrance or any eviction from the Trust Estate by title paramount or
<br />otherwise; (d) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution,
<br />liquidation or other like proceeding relating to Lender, or any action taken with respect to this
<br />Deed of Trust by any trustee or receiver of Lender, or by any court, in any such proceeding; (e)
<br />any claim that Trustor has or might have against Lender or Trustee; (f) any default or failure on
<br />the part of Lender to perform or comply with any of the terms of the Loan Documents; or (g) any
<br />other act or occurrence whatsoever, whether similar or dissimilar to the foregoing; whether or
<br />not Trustor shall have notice or knowledge of any of the foregoing. Trustor waives all rights
<br />now or hereafter conferred by statute or otherwise to any abatement, suspension, deferment,
<br />diminution or reduction of any sum secured hereby and payable by Trustor.
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<br />2.7 Actions by Lender. If Trustor fails to make any payment or to do any act as and
<br />in the manner required by this Deed of Trust or any other Loan Documents, Lender, in its sole
<br />and absolute discretion, may, without obligation so to do, without releasing Trustor from any
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<br />4820-8559-3602.1
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