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<br /> <br />creating or governing the condominium or planned unit development, the bylaws and <br />regulations of the condominium or glanned unit development, and the constituent <br />documents. <br />5. Inspection. Lender or its agents may, at all reasonable times, enter <br />upon the Property far 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 comcenced which does oz may adverselq 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 paragraph 6, with interest <br />thereon, shall became 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 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 Lender <br />to incur any expense or take any action hereunder. <br />Trustor irrevocably authorizes and empowers Lender to enter upon the Prop- <br />erty as Trustor's agent and, in 'Prustor"s name or otherwise to perform any and all <br />covenants and agreements to be performed by 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 far the payment thereof paid or discharged by Lender under <br />the gravisioas hereof and any such subrogation rights shall be additional and cwau- <br />Ia[ive security for this Trust Deed. <br />7. Condemnation. The proceeds of any award or claim for damages, direct <br />or consequential, in connection with any condemnation or other taking of the Piop- <br />erty, or part thereof, or fcr conreyance in lieu o£ or in anticipation of condemna- <br />tion, are hereby assigned to and shall be paid to Lender. Trustor will file and <br />prosecute, is good frith and with due diligence, its claim for any such award or <br />payment, and will cause the same to be collected and paid to Lender, and, should it <br />fail *_o 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. If the Property is abandoned by <br />Trustar, or if, after notice try Lender to Trustor that the condemnor offers to make <br />an award ar settle a claim for 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 apply 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 been incurred by Lender is 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 o£ the Indebtedness. <br />S. Trustor Not Released. Extension of the time for payment or modifica- <br />tion of any amortization of the Indebtedness branted by Lender to Borrower or any <br />successor in interest of Trustor shall not operate to release, in any manner, the <br />liability of the Trustor, Borrower or Trustor's successors in interest. Lender shall <br />not be required to commence proceedings against such successor or refuse to extend <br />time foz payment or otherwise modify amortization of the Indebtedness by reason of <br />any deaand made by the Trustor, Borrower or Trustor's successors in interest. <br />9. Forbearance bY_Lender Not a Waiver. Any forbearance by Lender in <br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, <br />shall not be a waiver of or preclude the exercise of any such right or remedy. The <br />procurement of insurance or the payment of taxes or the discharge of liens or charges <br />by Lender shall not be a waiver of Lender's right to accelerate the maturity of the <br />Indebtedness. <br />