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I ~ 83':;;;" '\)05521 -2- This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the llLoan Instrumentsll. TO PROTECT THE SECURITY OF THIS DEED OF TRUST: 1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. 2. TAXES. Trustor shall pay each installment of all taxes and special assessments or every kind, nm. or hereafter levied against the Trust Estate or any part thereof, berore delinquency, without notice or demand, and shall provide Beneficiary with evidence of the payment or same. Trustor ~hall pay all taxes and assessments which may be levided upon Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby, without regard to any law that may be enacted imposing payment of the whole or any part thereof upon the Beneficiary. 3. INSU&\NCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the improvements and build- ings constituting part of the Trust Estate for an amount no less than the amount or the unpaid principal balance of the Note (co- insurance not exceeding 80% 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. Trustor 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. :n no event shall the Trustor com- mit waste on or to the Tr~st Estate. 4. ACTIONS AFFECTI:\G TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence or title and ~lttorney I s fees) in a-::1Y ~~uch action or proceeding in which Beneficiary or Trustee ;nay appear. Should Trustor fail to make any payment or to do any act as and if: ~he manner provided in any of the Loan Instruments, Beneficiary dnd/or Trustee, each in its own discretion, without obli8ation) may make or do the same in such manner and to such extend as either may deem necessary to pro- tect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise 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 ~en (10) days of w~itten demand shall draw interest at the default rate provided in the Note. 5. &~INENT DO~~rN. Should the Trust Estate, ~r any part thereof or interest therein. be taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice or other information 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 to make any caapromise or settlement in connection with such taking or damage, All such compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds") are hereby assi,;ned t.:> Beneficiary and Trustor agrees to ,~xecute such further ilssi.gn- ments of the Proceeds as Beneficiary or Trustee may require. (,. APPOINTMENT Of SUCCESSOR TRUSTEE. Bene fi ci a ry may, ~ rom time to time, by a written instr~~ent executed and acknowledged by