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the 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 /> encumbrances on the Property. All of the foregoing shall be known as "Property Insurance". The insurance carrier providing the <br /> insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrower subject to Lender's right to <br /> reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause <br /> in favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten (10) days before cancellation, <br /> termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing.Lender shall <br /> have the right to hold the policies and renewals thereof. In the event of loss,Borrower shall give prompt notice to the insurance <br /> carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Insurance proceeds shall be applied to <br /> restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this <br /> Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of <br /> Trust would be impaired,the insurance proceeds shall be applied to the sums secured by this Deed of Trust,with the excess,if any, <br /> paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the <br /> date notice is given in accordance with § 16 (Notice)by Lender to Borrower that the insurance carrier offers to settle a claim for <br /> insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at Lender's option, either to restoration or <br /> repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend <br /> or postpone the due date of the installments referred to in §§4(Payment of Principal and Interest)and 23 (Escrow Funds to Taxes <br /> and Insurance) or change the amount of such installments. Notwithstanding anything herein to the contrary, if under § 18 <br /> (Acceleration;Foreclosure; Other Remedies)the Property is acquired by Lender, all right,title and interest of Borrower in and to <br /> any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall <br /> pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the <br /> rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds are subject <br /> to the rights of any holder of a prior deed of trust with respect to said insurance carriers,policies and proceeds. <br /> 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not <br /> commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed <br /> of Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations,covenants,by-laws,rules, <br /> or other documents governing the use,ownership or occupancy of the Property. <br /> 9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under§ 6 above,if the <br /> 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 /> any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender, at Lender's option, <br /> with notice to Borrower if required by law,may make such appearances, disburse such sums and take such actions as is necessary <br /> to protect Lender's interest,including,but not limited to: <br /> 9.1. any general or special taxes or ditch or water assessments levied or accruing against said Property; <br /> 9.2. the premiums on any insurance necessary to protect any improvements comprising a part of such Property; <br /> 9.3. sums due on any prior lien or encumbrance on such Property; <br /> 9.4. if the Property is a leasehold or is subject to a lease,all sums due under such lease; <br /> 9.5. the reasonable costs and expenses of defending,protecting,and maintaining the Property and Lender's interest in the <br /> Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, <br /> receiver's fees and expenses,inspection fees,appraisal fees, court costs attorney fees and costs,and fees and costs of an attorney in <br /> the employment of the Lender or holder of the certificate of purchase; <br /> 9.6. all other costs and expenses allowable by the evidence of debt or this Deed of Trust;and <br /> 9.7.such other costs and expenses which may be authorized by a court of competent jurisdiction. <br /> Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or <br /> by law or otherwise to cure any default under said prior encumbrance. <br /> Any amounts disbursed by Lender pursuant to this § 9, with interest thereon, shall become additional indebtedness of <br /> Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment <br /> thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note; Other Obligations <br /> Secured).Nothing contained in this§9 shall require Lender to incur any expense or take any action hereunder. <br /> 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, <br /> provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to <br /> Lender's interest in the Property. <br /> 11. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any <br /> condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation,are hereby assigned and <br /> shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such <br /> proceeds are subject to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property,the proceeds <br /> shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial <br /> taking of the Property, the proceeds remaining after taking out any part of the award due any prior lien holder(net award)shall be <br /> divided between Lender and Borrower,in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior <br /> to the date of taking bears to Borrower's equity in the Property immediately prior to the date of taking. Borrower's equity in the <br /> Property means the fair market value of the Property less the amount of sums secured by both this Deed of Trust and all prior liens <br /> (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking. If the Property is <br /> abandoned by Borrower or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for <br /> damages.Borrower fails to respond to T.PndPr within '10 rlave aflar the riat.--b nnti—;o -;-.„ T—A—- —+1,.,.'—A r --11.,,. --4 <br />