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. • ' <br /> 98- �1�:�3342 <br /> provided and not sold, the Trustee shall be entitled to a reasonable fee, in an amount acceptable ro the Beneficiary for the <br /> services rendered. The Trustee shall also be reimbursed by the Beneficiary for all costs and expenses incurred in <br /> connection with the advertising of said property for sale if the sale is not consummated. <br /> 6. The proceeds of any sale of said property in accordance with paragraph 4 shall be applied first to payments of <br /> fees,costs, and expenses of said sale, the expenses incuned by the Beneficiary for the purpose of protecting or maintaining <br /> said property and reasonable attorneys' fees; secondly, to payment of the indebtedness secured hereby; and thirdly, to pay <br /> any surplus or excess to the person or persons legally entitled thereto. <br /> 7. In the event said property is sold pursuant to the authorization contained in this instrument or at a judicial <br /> foreclosure sale and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced <br /> by said promissory note,the Beneficiary will be entitled to a deficiency judgement for the amount of tl�e deficiency without <br /> regard to appraisement, the Trustor having�vaived and assigned all rights of appraisement to the Tn►stee. <br /> 8. The Trustor covenants and agrees as follows: <br /> a. He will promptly pay the indebtedness evidenced by said promissorv note at the times and in the <br /> manner therein provided. <br /> b. He will pay all taaes, assessments, water rates, and otlier governmental or municipal charges, fines or <br /> impositions,for which provision has not been made hereinbefore> and will promptly deliver the official <br /> receipts therefor to the Beneficiary. <br /> c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said <br /> property, including the fees of any attorney employed by the Beneficiary for the collection of any or all <br /> of the indebtedness hereby secured, of such eapenses and fees as may be incurred in any foreclosure <br /> sale by the Trustee, or court proceedings or in any other litigation or proceeding affecting said <br /> property, and attorney's fees reasonably incurred in any other�vay. <br /> d. The rights created by this conveyance shall remain in full force and effect during any postponement or <br /> extension of the time of the payment of the indebtedness evidenced by said note or any part thereof <br /> secured hereby. <br /> e. He will continuously maintain hazard insurance of such type or types and in such amounts as the <br /> Beneficiary may from time to time require, on the improvements no��� or hereafier on said property, <br /> and will pay promptly when due any premiums therefor. All insurance shall be carried in companies <br /> acceptable to Beneficiary and the policies and renewals thereof shall be held by Beneficiary and liave <br /> attached thereto loss payable clauses in favor of and in form acceptable to the Beneficiary. In tl�e event <br /> of loss, Trustor will give immediate notice in writing ro Beneficiary and Beneficiary may make proof <br /> of loss if not made promptly by Trustor, and each insurance company concerned is hereby authorized <br /> and directed to make paymen[ for such loss directly to Beneficiary instead of to Trustor and <br /> Beneficiary jointly, and the insurance proceeds, or any part thereof, may be applied by Beneficiary at <br /> its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the <br /> property damaged. In the event of a Trustee's sale or other transfer of ticle to said property in <br /> extinguishment of the indebtedness secured hereby, all riglit, title, and interest of the Trustor in and to <br /> any insurance policies then in force shall pass at the option of the Beneficiary to the purchaser or <br /> Beneficiary. <br /> f. He will keep the said premises in as good order and condition as they are now and will not commit or <br /> permit any waste thereof, reasonable wear and tear excepted, and in the event of the failure of the <br /> Trustor to keep the buildings on said premises and those to be erected on said premises, or <br /> improvements thereon, in good repair, the Beneficiary may make such repairs as in the Beneficiary's <br /> discretion it may deem necessary for the proper preservation thereof, and any sums paid for such <br /> repairs shall bear interest from the date of payment at the rate specified in the note, shall be due and <br /> payable on demand and shall be fully secured by tliis Deed of Tn�st. <br /> g. He will not without the prior written consent of the Beneficiary voluntarily create or permit to be <br /> created against the property subject to this Deed of Trust any liens inferior or superior to the lien of <br />