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84000718
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Last modified
11/18/2008 4:38:35 PM
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11/18/2008 4:38:02 PM
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DEEDS
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84000718
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<br />84 -- GG0718 <br />Leader, in its absolute discretion, deems appropriate. Unless otherwise elected by <br />Lender, any such payment shall be deemed applied first to the payment of air-debt, <br />liability or obligation other than the Note. <br />2. Taxes; Charges; Liens. Trustor will pay all taxes and assed~~eats <br />before the same become delinquent and will othezwi.se keep the property free frb~ all. <br />liens not subordinate to this Trust Deed and upon written demand of Lendet will <br />promptly pay and procure the release of any lien, whether arising prior or subsequent <br />to the execution of this Trust Deed, which in any way maq, in the judgneat of Leader, <br />have priority over, or parity with, or impair the security of, this Trust Deed but <br />Trustor need not discharge anp such lien so long as Trustor shall agree,. in writing, <br />to pay the obligation secured by such lies in a manner acceptable to Lender and-shall <br />in good faith contest such lien by appropriate legal proceedings effective Lo prevent <br />the enforcement of the lien and the loss of any of the Property. Trustor wi l duly <br />and punctually pay any existing mortgage or lien identified hereinbelow according to <br />its terms. Receipts evidencing payments required under this Paragraph 2 shall be <br />promptly furnished to Lender. <br />3. Hazard Insurance- Trustor will keep the buildings and other improve- <br />ments now existing or hereafter erected on the Property insured by insurance carriers <br />satisfactory to Lender against loss by fire, hazards included in the term "extended <br />coverage" and such other hazards, casualties and contingencies as may be required by <br />Lender, in such amounts and for such periods as may be required by Lender. The <br />policy of insurance shall be in form acceptable to Lender, shall have a reglaeement <br />cost endorsement, and shall have loss payable provisions in favor of and in form <br />acceptable to Lender. All premiums on insurance policies shall be paid by Trustor <br />making payment, at least ten (10) days prior to the due date, directly to the insur- <br />ance carrier. Lender shall have the right to hold the policies and renewals thereof <br />and Trustor shall promptly furnish to Lender all renewal notices and all paid premium <br />receipts received by it. In no event shall Lender be held responsible for failure to <br />pay for any insurance or for any loss or damage arising out of a defect in any policy <br />or acising out of any failure of any insurance company to pay for any loss or damage <br />insured against or for failure by Trustor to effect the insurance required hereunder. <br />In the event of loss, Trustor shall give prompt notice by mail to the insurance <br />carrier and Lender. Lender may make proof of loss if not made promptly or in proper <br />form by Trustor. All policies of insurance and any and all refunds of unearned <br />premiums are hereby assigned to Lender as additional security for the payment of the <br />Indebtedness. In the event of Lender's exercise of the power of sale contained <br />herein, or in the event of foreclosure, all right, title and interest of Trustor in <br />and to any insurance policy then in force shall pass to the purchaser at the <br />trustee's sale or foreclosure sale. <br />Unless Lender and Trustor otherwise agree in writing, insurance proceeds <br />shall be applied to restoration or repair of the property damaged, provided such <br />restoration or repair is economically feasible and the security of this Trust Deed is <br />not thereby impaired. Zf such restoration or repair is not economically feasible or <br />if the security of this Trust Deed would be impaired, insurance proceeds shall be <br />agplied to the Indebtedness, with the excess, if any, paid to Trustor. If the Prop- <br />erty is abandoned by Trustor, or if Trustor fails to respond to Lender within thirty <br />(30) days from the date notice is mailed by Lender to Trustor that the insurance <br />carrier offers to settle a claim for insurance benefits, Lender is authorized to <br />collect and apply the insurance proceeds, at Lender's option, either to restoration <br />or repair of the Property or to the Indebtedness. <br />If, under paragraph 15 hereof, the Property is acquired by Lender, all <br />right, title and interest of Trustor i.n and to any insurance proceeds payable as a <br />result of damage to the Property prior to the sale or acquisition shall pass to <br />Lender and shall De applied first to the costs and expenses, including attorney fees, <br />incurred in collecting such proceeds, then in the manner and in the order provided at <br />paragraph 15 hereof. <br />4. Preservation and Maintenance of the Property. Trustor will keep the <br />buildings and otter improvements now or hereafter erected on the Property in good <br />repair and condition and will not commit or permit. waste, will not alter the design <br />or structural character of any building now or hereafter erected on the Property <br />
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