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<br />4. Preservation and tAaiatenance of the Property. Trustor will keep the <br />buildings and other 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 />without the prior written consent of Lender, will not do any act or thing whieh,woudd <br />unduly impair or depreciate. the value of the Property and will not abandon tht prop- <br />erty. Trustor will not remove any fixtures included in the Property unless the-same <br />are immediately replaced with like property subject to the lien and security interest <br />of this Trust Deed and of at least equal value and utility. Trustor will comply with <br />all present and future ordinances, regulations and requirements of any governmental <br />body which are applicable to the Property and to the occupancy and use thereof. If <br />this Trust Deed is on a unit in a condominium or a planned unit development, Trustor <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 />lations of the condominium or planned unit development, and the constituent <br />documents. <br />5. Inspection. Lender or its agents may, 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. If Trustor fails to perform any of <br />the covenants and agreements contained in this Trust Deed or if any action or pro- <br />ceeding is commenced which does or map adversely effect the Property or the interest <br />of Trustor 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 />Lender deems necessary to protect its interest including, but not limited to, dis- <br />bursement of reasonable attorney's fees and entry upon the Property to make repairs. <br />Any amounts disbursed by Lender pursuant to this paragragh 6, with interest <br />thereon, shall become additional indebtedness secured by this Trust Deed. Unless <br />Trustor and Lender agree to other terms of payment, such. amounts shall be payable <br />upon notice from Lender to Trustor requesting payment thereof, and shall bear inter- <br />est from the date of disbursement at the rate payable from time [o time on outstan- <br />ding principal under the Nate (if more than one note, under the note bearing the <br />highest interest rate}. Nothing contained i.n this paragragh 6 shall require Lender <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 Trustor's name or otherwise to perform nay and all <br />covenants and agreements ca be performed ny Trustor as herein provided. Lender <br />shall, at its option, be subrogated to any encumbrance, lien, claim or demand and to <br />all rights and securities for the payment thereof paid ar discharged by Lender under <br />the provisions hereof and any such subrogation rights shall be additional and cumu- <br />lative security for tkis Trust Deed. <br />7. Condemnation. The proceeds of any award ar claim for damages, direct <br />or consequential, in connection with any condemnation or other taking of the Prop- <br />erty, or part thereof, or far conveyance in lieu of or 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 ar <br />payment, and will cause the same to be collected and paid to Lender, and, should it <br />fail to da so, Trustor i.rrevoca6ly 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. If the Property is abandoned by <br />Trustor, or if, after notice by Lender to Trustur that the condemnor offers to make <br />an award or settle a claim for damages, Trustor fails to respond to Lender within <br />thirty (34) days after the date such notice is mailed, Lender is authorized to eal- <br />lect and apply the proceeds in the moaner 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 been incurred by Leader in the collection thereof, at <br />the sole discretion of Lender, be released to Trustor, applied to restoration of the <br />Property, or applied to the payment of the lndebtedness. <br />