Laserfiche WebLink
s`tc sr'. <br /> r <br /> 58 forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and other payments as <br /> 59 ordered by the court to the registry of the court in which such proceedings are filed. <br /> 60 7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br /> 61 against loss by fire or hazards included within the term"extended coverage"in an amount at least equal to the lesser of(a)the <br /> 62 insurable value of the Property or(b) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior <br /> 63 encumbrances on the Property.All of the foregoing shall be known as"Property Insurance." <br /> 64 The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen <br /> 65 by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause.All insurance policies and renewals thereof <br /> 66 shall include a standard mortgage clause in favor of Lender,and shall provide that the insurance carrier shall notify Lender at least <br /> 67 ten(10)days before cancellation,termination or any material change of coverage,Insurance policies shalt be furnished to Lender <br /> 68 at or before closing.Lender shall have the right to hold the policies and renewals thereof. <br /> 69 In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if <br /> 70 not made promptly by Borrower. <br /> 71 Insurance proceeds shall be applied to restoration or repair of the Property damaged,provided said restoration or repair is <br /> 72 economically feasible and the security of this Deed of Trust is not thereby impaired. if such restoration or repair is not <br /> 73 economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the <br /> 74 sums secured by this Deed of Trust,with the excess, if any,paid to Borrower. If the Property is abandoned by Borrower,or if <br /> 75 Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with § 16(Notice) by Lender to <br /> 76 Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the <br /> 77 insurance proceeds,at Lender's option,either to restoration or repair of the Property or to the sums secured by this Deed of Trust <br /> 78 Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in §§4 <br /> 79 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance)or change the amount of such installments. <br /> 80 Notwithstanding anything herein to the contrary, if under §18 (Acceleration; Foreclosure; Other Remedies) the Property is <br /> 81 acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof <br /> 82 resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this <br /> 83 Deed of Trust immediately prior to such sale or acquisition. <br /> 84 All of the rights of Borrower and Lender hereunder with respect to insurance carriers,insurance policies and insurance proceeds <br /> 85 are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers,policies and proceeds. <br /> 86 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit <br /> 87 waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust <br /> 88 is on a leasehold.Borrower shall perform all of Borrower's obligations under any declarations,covenants,by-laws,rules,or other <br /> 89 documents governing the use,ownership or occupancy of the Property. <br /> 90 9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under §6 above, if <br /> 91 Borrower fails to perform the covenants and agreements contained in this Deed of Trust,or if a default occurs in a prior lien,or if <br /> 92 any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender,at Lender's option, <br /> 93 with notice to Borrower if required by law,may make such appearances,disburse such sums and take such action as is necessary <br /> 94 to protect Lender's interest,including,but not limited to: <br /> 95 9.1. any general or special taxes or ditch or water assessments levied or accruing against the Property; <br /> 96 9.2. the premiums on any insurance necessary to protect any improvements comprising a part of the Property; <br /> 97 9.3. sums due on any prior lien or encumbrance on the Property; <br /> 98 9.4. if the Property is a leasehold or is subject to a lease,all sums due under such lease; <br /> 99 9.5. the reasonable costs and expenses of defending,protecting,and maintaining the Property and Lender's interest in <br /> 100 the Property,including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, <br /> 101 receiver's fees and expenses,inspection fees,appraisal fees,court costs,attorney fees and casts,and fees and costs of an attorney <br /> 102 in the employment of Lender or holder of the certificate of purchase; <br /> 103 9.6. all other costs and expenses allowable by the evidence of debt or this Deed of Trust;and <br /> 104 9.7. such other costs and expenses which maybe authorized by a court of competent jurisdiction. <br /> 105 Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by <br /> 106 law or otherwise to cure any default under said prior encumbrance. <br /> 107 Any amounts disbursed by Lender pursuant to this§9,with interest thereon,shall become additional indebtedness of Borrower <br /> l08 secured by this Deed of Trust.Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof,and <br /> t09 Lender may bring suit to collect any amounts so disbursed plus interest specified in§2.2(Note:Other Obligations Secured).Nothing <br /> 110 contained in this§9 shall require Lender to incur any expense or take any action hereunder. <br /> 111 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property,provided <br /> 112 that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's <br /> 113 interest in the Property. <br /> 114 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br /> 115 condemnation or other taking of the Property,or part thereof,or for conveyance in lieu of condemnation,are hereby assigned and <br /> TD72-8.10. DEED OR TRUST(Due on Transfer—Strict) Page 2 or5 <br />