r
<br />r~c~a71$
<br />without the prior written consent of Lender, will not do any act or thing whicD would
<br />unduly impair or depreciate the value of the Property and will not abandon the-Prop-
<br />~`1 erty. Trustor will not remove any fixtures included in the Property unless the sate
<br />are immediately replaced with like property subject to the lien and security interest
<br />of this Trust Deed sad of aL least equal value and utility. Trustor will coisply with.
<br />all gresent and future ordinances, regulations and requirements of any governmaatal
<br />body which are applicable to the Property and to the occupancy and use thereof. If
<br />this Trust Deed is on a unit i.n a condominium or a planned unit development, Ttustor
<br />shall perform all of Trustor's obligations under the declarations or covenants creat-
<br />~ ing or governing the condominium or planned unit development, the bylaws-and regu-
<br />].ations of the condominium or planned unit development, and the constituent documents.
<br />E:
<br />5. Inspection. Lender or its agents map, at all reasonable times, enter
<br />?° upon the Property for the purpose of inspection. Lender shall have no duty to make
<br />such inspection and shall not be liable to Trustor or to any person in possession if
<br />_;' it makes or fails to make any such inspection.
<br />_ 6. Protection of Lender's Security. T£ Trustor fails to perform any of
<br />the covenants and agreements contained in this Trust Deed or if any action or pr~-
<br />ceeding is commenced which does or may adversely effect the Property or the interest
<br />of Trustnr or Lender therein or the title of Trustor thereto, then Lender, at its
<br />option, may perform such covenants and agreements, make such appearances, defend
<br />against and investigate such action or proceeding, and take such other action as
<br />_ Leader deems necessary to protect its interest including, but not limited to, dis-
<br />bursement of reasonable attorney's tees and entry upon the Property to make repairs.
<br />My amounts disbursed by Lender pursuant to this paragraph 6, with interest
<br />thereon, shall become additional indebtedness secured by this Trust Deed. Unless
<br />Trustor and Lender agree to othec terms of payment, such amounts shall be payable
<br />upon notice from Lender to Trustoz requesting payment thereof, and shall bear inter-
<br />est from the date of disbursement at the rate payable from time to time on outstan-
<br />ding principal under the Note (if more than one note, under the note bearing the
<br />highest interest rate). Nothing contained in this paragraph 6 shall require Leader
<br />to incur any expense ar take any action hereunder.
<br />Trustor irrevocably authorizes and empowers Lender to enter upon the Prop-
<br />erty as Trustor's agent and, in 1'rustor's name or otherwise to perform any and all
<br />covenants and agreements tq be performed by Trustor as herein provided. Lender
<br />shall, at its option, be subragated Co any encumbrance, lien, claim or demand and to
<br />all rights and securities for the payment thereof paid or discharged by Lender under
<br />the provisions hereof and any such subrogation rights shall be additional and cumu-
<br />lative security for this Trust Deed.
<br />7. Condemnation. The groceeds of any award or claim for damages, direct
<br />or consequential, in connection with any condemnation or other taking of the Frop-
<br />erty, or Bart thereof, or for conveyance in lieu of ar in anticipation of condemna-
<br />tion, are hereby assigned to and shall be paid to Lender. Trustor will file and
<br />prosecute, in good faith and with due diligence, its claim For any such award or
<br />payment, sad will cause the same to be collected and paid to Lender, and, should it
<br />fail to do so, Trustor irrevocably authorizes and empowers Lender, in the name of
<br />Trustor or otherwise, to file, prosecute, settle or compromise any such claim and to
<br />collect, receipt for and retain the proceeds. Tf the Property is abandoned by
<br />Trustor, or if, after notice by Lender to Trustor chat the condemnor offers to make
<br />an award ar settle a claim far damages, Trustor fails to respond to Lender within
<br />thirty (30) days after the date such notice is mailed, Lender is authorized to col-
<br />lect and apgly the proceeds in the manner indicated herein. The proceeds of any
<br />award or claim may, after deducting all reasonable costs and expenses, including
<br />attorney fees, which may have ]seen incurred by Lender in the collection thereof, at
<br />the sole discretion of Leader, be released to Trustor, applied to restoration of the
<br />Property, or applied to the payment of the Indebtedness.
<br />$. Trustor Not Released. Extension of Ghe time for payment or modifica-
<br />tion of any amortization of the Indebtedness granted by Lendez to Borrower or any
<br />successor in interest of Trustor shall not operate to release, in any manner, the
<br />iiahilitg of the Trustnr, $orrower or TI11sGOT"s successors in iateresG. Lender shall
<br />not be required to eamiaeezzce proceedings against such successor or refuse Go extend
<br />
|