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<br />and providing Trustor has deposited sufffcieot funds with Beneficiary pursuant to this S^_ction I A4, Beneficiary -
<br />shall pay such amounts as ma}' he due thereunder out of the funds se deposited with Beneficiary. If at any time -
<br />and for any reason the funds deposited with Beneficiary are ar wi}! bt insufficient to pay such ainounts as may-'
<br />then or subsequtn[ty be due, Brneficiary shall notify Trustor and Trustorshatl immediately deposit--an amount-- - _
<br />equal to such deficiency with Beneficiary. hatwithstandingthe foregoing, nothing contained-herein shall caus¢-.
<br />Beneficiary to be deemed a.trustee of said funds or to be obligated to payany amounts in excess of the amounYOf
<br />funds deposited with Beneficiary pursuant to this. Section I.04. -Beneficiary may commingle-said reserve witlr:its ~~~
<br />own funds and Trustor shall be entitled to no interest thereon:
<br />LOS Insurance Proceeds. That after the happening of any casualty to the Trust Estate oraay,part thereof,
<br />Trustor shall give prompt written notice thereof_to Beneficiary. - - -
<br />(a) In the event of any damage or destruction of the improvements, 8cneficiary shall fiavethroption-.ions--.,
<br />sole discretion of applying all or part of the insurance proceeds (i) to any indebtedness sectired hereby and in
<br />such order as Beneficiary may determine, or (ii) to the restoration of the improvements-or'(iii) (a Trustor: -
<br />(b) In the event of such less or damage, all proceeds of insurance shall be payable-to Beneficiary;. and'- -.-
<br />Trustor hereby authorizes and directs any affected insurance company to make paymen[ of such proceedsdirectly;
<br />to Beneficiary. Beneficiary is hereby authorized and em powered'oy Trustor to settle, adjust-'or:-compromise-any -
<br />claims for ions, damage or destruction under-any policy or policies of insuranct. _ - -
<br />(ej Except to the exten[ that insurance 'proceeds are received by Beneficiary and applied-to the in-
<br />debtedness-secured hereby, nothing. herein contained shall be deemed to excuse -[ rustor f`tom repairi:ig o?<main-
<br />taining tht Trust orate as provided in Section 1.rJ2.hereof or restoring all damage or destruction-tothe-Trust - _
<br />Es[ate, regardless of whether or not there are insurance proceeds available or whetherany such proceeds arestif- -
<br />ficicnt in amount, and the application or release by Benefmiary of anyinsurance proceeds shall not-tore or waive.- - - _-° ,
<br />any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such notice:
<br />1.Q6 Assi¢rment of Poticies_Lpon Foreclosure. In the event of foreclosure of this Deed. of Trust or other
<br />transfer of title or assignment of [he Trust Estate in rztinguishment. in whale or in part, oC the debts secured - _
<br />hereby. alt right, title and interest of Trustor in and as ^11 p<~licies of insurance required by this Deed of Trust - -
<br />shall inure to the hene(it „( and pss to the tuccrssur in interest to Trusta,r nr the purchasur+.r ,ranter: of the
<br />Trrst Estate. '
<br />1.07 Indemnification: Svbrogation_Waiver of Offset.
<br />lac If 6enrficiarc is mode a part} defendant w :my liti~^atiun c+mcernmt; this Deed of Trust or the Trust
<br />Fs[ate or any part thereof or interest therein. or the uc~upancs thereof hp Trustor, then Trustor shall indemnify,
<br />defend and hold Beneficiary harmftss from a(! iiahtli?y by reason of said Ittigation, including reasonable a[-
<br />torntys'fcts and expenses incurred by Beneficiary in an}' such 3itiga±ion, whc!hcr or not aay such litigation is
<br />prosecuted to judgment. I(Bentficiary commences an action against Trustor to enforce any of the terms hereof or
<br />because of [he breach by Trustor of any of the terms hereof, or for [he recovery of xny sum secured hereby,
<br />Trustor shat! pay to Benefician• reasonable attorneys' f.rs and expenses, and the tight to such attorneys' fees and
<br />expenses shall be deemed to have ac.;utd +,n the _um:?;encemrnt of such .stti:;n, a._j _.,x.i b€ .-.oaceabie
<br />whether or not such action is prosecuted [o judgment. If Trustor breaches any term of;this Deed~uf Trust.
<br />Brnef`tciary may employ an attorney or attorneys !o preteet its nghts hereunder, and m the event of such em-
<br />ployment toIlowing any breach by Trustor, Truster she!! pay Hereficicsry reasonable attorneys' fees and expenses
<br />incurred b}' Beneficiary, whether or not an action is actual!}' cenunrnecd against Tns!or by reason of breach.
<br />(b) Trustor waives any and all right to claim or recover against Beneficiary, Its officers, employcts, agents
<br />and rtpresentat9ves, for loss of or damage to Trustor, the Trust Estate, Trustor's pro party or the property of
<br />others under Trustor's control from any cause insured agarnst nr rcqutrod to oe ~nsuted against by the provisions
<br />u( this Detd of Trust.
<br />(c) All sums payable by Trustor hereunder sha;i be paid suthuui'mgicr, ttemand, amnterclairn, scruff,
<br />deduction of defense and without abatement, suspension, defernrnt, duninuuon o[ reduction, :end the vbligatiuns
<br />and liabilities of Trustor hereuodcr shall in ^o way' he [eleased, disch:,rged or ~!therwise ;;ifertrd {c,tept as ex-
<br />pressly provided herein) by reason of: (ij any darn age to ,~~r destructi„n of .tr uny tuvdenutation ter si;nilnr taking
<br />of the Trust Estate ur any Part thereof; (iii any rrstncuun or ptevenu,m ..f ur interference with avy use of the
<br />Trust Estate or any part thereof; (iii) any title defect .r[ rnaunhr.incr „r any evicuon ;rum the Property ur the {m-
<br />proeements or any patt thereof by title par.,uwunt or otheni ue; (iv} any bankr~ptc}`, ~nuri crncy, reurganizauon,
<br />cnmpusitiun, adju5!mrn1, dissolution, Iiquidauun ar srthtr like pmcrrd{ng relating to Beneficiary, u[ any action
<br />taken with respect 6o this Uerd of Trust by any trustee or receiver of 3errficiar}. ,u by an} coon, in :my such
<br />Pruterr==±ing; (v) wn} claim which `t'r::stor has = , , tahi have a~ --at 'x_:;rft<iar}. (i r) r, t,a tt t f'ai;urc „n the
<br />part of Benz~ciary ter prtfornt or c.-nnpiy with ,,n} of the touts hrrevf.^r of an} ^^thrt agrrcutsnt watt frvstur..,t
<br />(vii) any other occurrence whatsoever, whether sintiiar or di±sirnilar u, tier furcgt~~ng. ..hr!}mr ui not Tnrstur
<br />shall have notice ur %now'ledgr cf .toy of the foregoing. [ixccpt as capicssly provided hereto, Trustor waisrs alt
<br />rights now ar hereafter conftrrtd by aa[utr,x rrtherwise to any abatement, susprmror., dcfrrnx•nt, dinunuturn or
<br />reduction of any sum secured hercb} and payable by Trusto[.
<br />I.fl$ Taxes and Impositions.
<br />(a) Trustor agrees to pa}', at Icast t0 days prior ro delinyuenc y, all real pn!peny taxes and assessments,
<br />general and special, and all other taxes and asscssmtnts of any kind or naturr whatsoever, including without
<br />limirtti++n nomgosrnunrru:d levies „r ;resas•ntenis Suitt :^ m:nnien„n.e ch.,n:.r.. ,~wu~•r ..,,tciatian .toes .~r
<br />charges or ftts, Ieviesor charges tesulhng from covenants, renditions ;,nd rcunaions affertrng the Trust Estate,
<br />which ate assessed or impisrd upon iht Trust Estate, or become due and }?a}ublc. and whrch create, may create
<br />or appear to urtate a tizn upon the Trust Estate, of any p;:rt !bocce+f, or up.m any Persu:ral Property, ryu,pmcm or
<br />nihtr facility used in the oprratian ur maim<-nonce thereof (all of whrch tr.Ars, .tsxs>~ucr;ts and .>thcr g~,~crn~
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