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84 ---~ ~ ~; ~J'719 <br />TRUSTOR FURTHER COVENANTS AND AGREES AS FOLLOSiS: <br />I 1. Application of Payments. 911 payments received by Lender as to any <br />indebtedness or as to any other debt, liability or obligatian owed to Lender by <br />Borrower may be applied by Lender to the payment of the Indebtedness or to any such <br />other debt, liability or obligation, in nay order or manner of application which <br />Lender, in its absolute discretion, deems appropriate. Unless otherwise elected by <br />Leader, any such payment shall be deemed applied first to the payment of any debt, <br />liability or obligatian other than the Note. <br />2. Taxes; Charges; Liens. Trustor will gay all taxes and assessments <br />be £o re the same become delinquent and will otherwise keep the property free from all <br />liens not subordinate t.o this Trust Deed and upon written demand of Leader, 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 may, in the judgment of Lender, <br />have priority over, or parity with, ar impair the security of, this Trust Deed but <br />Trustor need not discharge any such lien so long as Trustor shall agree, in writing, <br />to pay the obligation secured by such lien in a manner acceptable to Lender and shall <br />in good faith contest such lien by appropriate legal proceedings effective to prevent <br />*_he enforcemen*_ of the lien and the loss at any of the Property. Trustor will duly <br />and punctually pay nay existing mortgage ar 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 />menu now existing ar 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 he in form acceptable to Lender, shall have a replacement <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 (20} days prior to Ghe due date, directly to the insur- <br />ance carrier. Lender shall have the right to hold the policies and renewals thereof <br />aad 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 arising 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 />I^ 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 />farm by Trustor. All policies of insurance and any and all refunds of unearned <br />premiums are hereby assigned to Lender as additional security far 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 thou in force shall pass to the purchaser at the <br />trustee's sale ar foreclosure sale. <br />Unless Lender and 'Lrustar 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. if 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 />applied to the Indebtedness, with the excess, if any, paid to Trustor. If the Prop- <br />erty is abandoned by Trustor, or if 'Prustor fails to respond to Lender within thirty <br />t30) 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 ar [o the Tndebteduess. <br />If, under paragraph 15 hereof, the Property is acquired by Lender, all <br />right, tftle and interest of Trustor in 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 be applied first to the costs and expenses, including attorney fees, <br />incurred in collecting such proceeds, then in ttie manner and in tlxe order provided at <br />paragraph 15 hereof. <br />