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84000720
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Last modified
11/18/2008 4:39:19 PM
Creation date
11/18/2008 4:39:02 PM
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DEEDS
Inst Number
84000720
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<br />pn _._.~'-~0720 <br />have priority over, or parity with, or impair 8 4e 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 grevent <br />the enforcement of the lien and the loss of any of the Property. Trustor will 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 lass 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 end for such periods as may be required by Lender. The <br />policy of insurance shall be 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 (10) days prior to the due date, directlq to the insur- <br />ance carrier. Lender shall have the right to hold the policies and renewals thereof <br />and Trustor shall promptly furnish Co Lender all renewal notices and all paid premium <br />receipts received by 'it. In no event shall Lender be held responsible far failure to <br />pay foc 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 />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 Trustar. All policies of insurance and any and all refunds o£ unearned <br />premiums are hereby assigned to Lender as additional security for the gayment of the <br />Indebtedness. In the event of Lender's exercise of the power of sale contained <br />herein, or in the event o£ foreclosure, all right, title and interest of Trustor in <br />and tc any insurance policy then in force shall pass to Che purchaser at the <br />trustee's sale er forecfosure sale. <br />Unless Lender and Trustor otherwise agree in writing, insurance proceeds <br />shall be applied to restoration or r=pair 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 ar repair is not economically feasible or <br />i.f the security of this Trust Ueed 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 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 IS hereof, the Property is acquired by Lender, all <br />right, title and interest of Trustor in and to any insurance proceeds payable as a <br />result of damage to the Property prior to Che 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 is the manner and in the order provided at <br />paragraph 15 hereof. <br />4. Preservation and Maintenance of the Pr~erty. 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 which would <br />unduly impair or depreciate the value of the Property and will not abandon the Prop- <br />erty. Trustor will nat. remove any fixtures included in Che 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. Trnstcr will comply with <br />all present and future ordinances, regulations and requirements of any governmental <br />body which are agplicable to the Property and to the occupancy and use thereof. If <br />this Trust Deed is on a unit is a condominium or a planned unit development, Trustor <br />shall perform all of Trustor's ohligations under the declarations or cavenanis <br />
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