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~0loo5o9s <br />ordinance, ar regulation; and Trustor shall promptly pay and discharge, at <br />Trustor's cost, all liens, encumbrances and charges levied, imposed or assessed <br />against the Premises. <br />(d) That Beneficiary is hereby assigned all compensation, awards, damages, and other <br />payments or relief in connection with condemnation or other taking of the Premises <br />or parts thereof, or for conveyance in lieu of condemnation. Beneficiary shall be <br />entitled, at Beneficiary's option, to commence, appear in and prosecute in <br />Beneficiary's own name any action or proceedings, and shall also be entitled to <br />make any compromise or settlement in connection with such taking or damage. <br />(e) That in the event of Trustor's failure to perform any of the covenants herein <br />contained or make any payments required hereby when due, or if any act is taken <br />ar legal proceeding commenced which materially affects Beneficiary's interest in <br />the Premises, Beneficiary may, in Beneficiary' S discretion, but without obligation <br />to do sa, and without notice or demand upon Trustor and without releasing Trustor <br />from any obligation, do any act which the Trustor has agreed but failed to do, and <br />may also da any other act deemed necessary to protect the security hereof, <br />including but not limited to, the payment of real estate taxes, repairs, and insurance <br />premiums. Trustor shall, immediately upon demand by Beneficiary, pay to <br />Beneficiary, all costs and expenses so incurred by Beneficiary in connection with <br />the exercise by Beneficiary of the foregoing rights, together with interest at the rate <br />of 12 % per annum, and all such sums shall be added to the indebtedness secured <br />hereby. Beneficiary shall not incur any personal liability because of anything <br />Beneficiary may do or omit to do hereunder. Beneficiary may use any and all of <br />the funds deposited in escrow to pay said expenses. <br />(f) That Beneficiary or Beneficiary's agents may, at all reasonable times, enter upon <br />the Premises for the purpose of inspection. <br />(g) Trustor shall not cause or permit the presence, use, disposal, storage, or release <br />of any hazardous substances, or threaten to release any hazardous substances on <br />ar in the Premises. The term, "hazardous substances" are those substances defined <br />as toxic or hazardous substances, pollutants, or waste by applicable environmental <br />law, including but not limited to, gasoline, kerosene, petroleum products, materials <br />containing asbestos or formaldehyde and radioactive materials. Trustor shall not <br />do, or allow anyone else to do, anything affecting the Premises that is in violation <br />of any applicable environmental law or creates a condition that adversely affects <br />the value of the Premises. Trustor represents and warrants that Trustor is in <br />compliance with all local, state, and federal environmental laws and regulations <br />pertaining to reporting or clean-up of any hazardous substance, hazardous waste, <br />petroleum product, or any other pollutant regulated by State or Federal law as <br />hazardous to the environment (Contaminate), and regarding and permits needed for <br />the creation, storage, transportation, or disposal of any Contaminate and Trustar <br />DEED OF TRUST <br />J:\TJC\13111\223\NE-DpT,2.wpd - ~ - <br />