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4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />Lender, naming Lender as an additional named insured with loss payable to the Lender_ In case of loss under such <br />policies, the Lender is authorized to adjust, collect, and compromise all claims thereunder and shall have the option <br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br />may determine, (ii) to the Trustor, to be used for the repair or restoration of the Property, or (tit for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payments under the Note, or cure any default there under or hereunder_ <br />5_ Escrow_ Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may <br />designate, sufficient sums to enable Lender to pay as they become due one or more oft he following: (f) all taxes, <br />assessments, and other charges against the Property, (ir) the premiums on the property insurance required hereunder, <br />and (iii) the premiums on any mortgage insurance required by Lender. <br />6. Maintenance: Repairs, and Compliance with Laws_ Trustor shall keep the Property in good condition <br />and repair; shall promptly repair or replace any improvement which may be damaged or destroyed; shalt not commit <br />or permit any waste or deterioration of the Property; shall not remove, demolish; or substantially alter any of the <br />improvements on the Property; shall not commit, suffer, or permit any act to be done in or upon the Property in <br />violation of any law, ordinance, or regulation; and shall promptly discharge at Trustor's cost and expense all Bens, <br />encumbrances, and charges levied, imposed, or assessed against the Property or any part thereof <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages, and other payments or <br />relief (hereinafter "Proceeds ") in connection with condemnation or other taking of the Property or part thereof; or for <br />conveyance in lieu of condemnation. Lender shall be entitled at its option to commence, appear in, and prosecute in <br />its own name any action or proceedings, and shall also be entitled to make any compromise or settlement in <br />connection with such taking or damage. In the event any portion of the Property is so taken or damaged; Lender <br />shall have the option, at its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all <br />costs and expenses incurred by Lender in connection with such Proceeds, upon any indebtedness secured hereby and <br />in such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the <br />Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not <br />extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any <br />unapplied fiords shall be paid to Trustor- <br />8 - Performance by Lender_ Upon the occurrence of an Event of Default hereunder, or if any act is taken or <br />legal proceeding commenced that materially affects Lender's interest in the Property Lender may in its own <br />discretion, but without obligation to do so and without notice to or demand upon Trustor and without releasing <br />Trustor from any obligation, do any act which Trustor has agreed but fails to do and may also do any other act it <br />deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to <br />Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of <br />the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to <br />the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do <br />hereunder. <br />9_ Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, <br />ordinances, and r egulations relating to industrial hygiene or environmental protection (collectively referred to herein <br />as "Environmental Laws "). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic <br />under any Environmental Laws (collectively referred to herein as "Hazardous Materials'D. Trustor hereby warrants <br />and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to <br />indemnify and .hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's <br />interest from and against any and all claims, damages; losses, and liabilities arising in connection with the presence, <br />use, disposal, or transport of any Hazardous Materials on, under, from, or about the Property. THE FOREGOING <br />WARRANTIES AND REPRESENTATION, AND TRUSTORS OBLIGATIONS PURSUANT TO THE <br />FOREGOING INDEMNITY", SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. <br />10. Assignment of Rents_ Trustor hereby assigns to Lender the rents, issues, and profits of the Property, <br />provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain <br />such rents, issues, and profits as they become due and payable. Upon the occurrence of an Event of Default Lender <br />may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a <br />court and without regard to the adequacy of its security, enter upon and take possession of the Property or any part <br />thereof in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to (a) <br />preserve the value, marketability, or rentability of the Property or any part thereof or interest therein, (b) increase <br />the income therefrom, or (c) protect the security thereof; and, with or without taking possession of the Property sue <br />for or otherwise collect the rents, issues, and profits thereof; including those past due and unpaid, and apply the <br />same, less costs and expenses of operation and collection, including attorney's fees, upon any indebtedness secured <br />hereby; all in such order as Lender may determine_ The entering upon and taking possession of the Property; the <br />collection of such rents, issues, and profits; and the application thereof as aforesaid, shall not cure or waive any <br />default or notice of default hereunder or invalidate any act done is response to such default or pursuant to such <br />notice, of default and, notwithstanding the continuance in possession of the Property or the collection, receipt, and <br />application of rents, issues, or profits; and Trustee and Lender shall be entitled to exercise every right provided for <br />herein or by law upon occurrence of any Event of Default, including without limitation the right to exercise the <br />power of sale_ Further, Lender's rights and remedies under this paragraph shall be cumulative with and in no way a <br />limitation on Lender's fights and remedies under any assignment of leases and rents recorded against the Property. <br />Lender, Trustee, and the receiver shall be liable to account only for those rents actually received. <br />