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83-. 005437 r any part thereof, before delinquency, without notice or derrand, and shall provide Beneficiary with evidence of the payment of same. Trustor shall pay all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of TIUSt or the debt secured thereby, without regard to any law that may be enacted imposing payment of the whole or any part thereof upon the Beneficiary. 3. INSURANCE AND REPAIRS. TTIlstor shall maintain fire and extended coverage insurance insuring the improvements and buildings constituting part of the Trust Estate for an arro1.IDt no less than the allmmt of the tmpaid principal balance of the Note (co-insurance not exceeding 80"10 permitted). Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be cancellable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. TIUStor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor comnit waste on or to the Trust Estate. 4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to attect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and e.xpenses, including cost of evidence of title and attorney I s fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the marmer provided in any of the Loan InstnJments, Beneficiary and/or Trustee, each in its own discretion, without obligation to do so arid without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the e.xercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten llO) days of written derrand shall draw interest at the default rate provided in the Note. J. EMINEI\'T DOMA.IN. Should the Trust Estate, or any part thereof or interest therein, De taken or damaged by reason of any public improvement or con:iermation proceeding, or in any other manner including deed in lieu of Con:iermation ("Condemnation"), or should Trustor receive any notice or other inforrration regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor, and shall be entitled at its option to canmence, appear in arxl prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to make any compromise or settlement in cormection with such taking or damage. All such compensation, awards, damages, rights of action arxl proceeds mvarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary arxl Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. 6. APPOIN1MENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instnJment executed arxl acknowledged by Beneficiary, mailed to Trustor arxl recorded in the C01.IDty in which the Trust Estate is located arxl by otherwise complying with the provisions of the applicable law of the State of -2- u L ~ L