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<br />favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten (10) days
<br />before cancellation, termination or any material change of coverage. Insurance policies shall be furnished
<br />to Lender at or before dosing. Lender shall have the right to hold the policies and renewals thereof.
<br />In the event of Ioss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
<br />may make proof of loss if not made promptly by Borrower.
<br />Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such
<br />restoration or repair is economically feasible and the security of this Deed of Trust is not thereby
<br />impaired. if such restoration or repair is not economically feasible or if the security of this Deed of Trust
<br />would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust,
<br />with the excess, if ' any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to
<br />respond to Lender within 30 days from the date notice is given in accordance with paragraph 16 (Notice)
<br />by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is
<br />authorized to collect and apply the insurance proceeds, at Lender's option, either to restoration or repair
<br />of the Property or t5 the sums secured by this Deed of Trust
<br />Any such application of proceeds to principal shall not extend or postpone the due date of the
<br />installments referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Esaow Funds for
<br />Taxes and Insurance) or change the amount of such installments. Notwithstanding anything herein to the
<br />contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by
<br />Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds
<br />thereof resulting frnni damage to the Property prior to the sale or acquisition shall pass to Lender to the
<br />extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition.
<br />All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance
<br />policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect
<br />to said insurance carriers, policies and proceeds.
<br />In addition to the above required insurance, in the event that Buyer performs commercial operations
<br />on the property, it shall maintain a commercial general liability policy of insurance in an amount of no
<br />less than 51,000,000.00, with Old Idaho Properties, LLC named as an additional insured
<br />8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair
<br />and shall not commit waste or permit impairment or deterioration of the Property and shall comply with
<br />the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of
<br />Borrower's obligatichs under any declarations, covenants, by -laws, rules, or other documents governing
<br />the use, ownership or occupancy of the Property.
<br />9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under
<br />paragraph 6 above, if the Borrower fails to perform the covenants and agreements contained in this Deed
<br />of Trust, or if a default occurs in a prior lien, or if any action or proceeding is commenced which
<br />materially affects L'ender's interest in the Property, then Lender, at Lender's option, with notice to
<br />Borrower if required by law, may make such appearances, disburse such sums and take such action as is
<br />necessary to proder's interest, including, but not limited to:
<br />(a) any general or special taxes or ditch or water assessments levied or accruing against the
<br />Property,
<br />(b) the premintns on any insurance necessary to protect any improvements comprising a part of the
<br />Property; ;
<br />(c) sums due on any prior lien or encumbrance on the Property;
<br />(d) if the Property is a leasehold or is subject to a lease, all sums due under such lease;
<br />(e) the reasonable costs and expenses of defending, protecting, and maintaining the Property and
<br />Lender's interest in the Property, including repair and maintenance costs and expenses, costs and
<br />expenses of protect{pg and securing the Property, receiver's fees and expenses, inspection fees, appraisal
<br />fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of the
<br />Lender or holder of the certificate of purchase;
<br />(f) all other codes and expenses allowable by the evidence of debt or this Deed of Trust, and
<br />(g) such other osts 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
<br />encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance.
<br />Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become
<br />additional indebtedness of Borrower secured by this Deed of Trust Such amounts shall be payable upon
<br />notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any
<br />amounts so disbursed plus interest specified in paragraph 2B (Note; Other Obligations Secured). Nothing
<br />contained in this pa graph 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
<br />the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying
<br />reasonable cause therefor related to Lender's interest in the Property.
<br />11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
<br />connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in
<br />lieu of condemnatiop, are hereby assigned and shall be paid to Lender as herein provided. However, all
<br />of the rights of Borigwer and Lender hereunder with respect to such proceeds are subject to the rights of
<br />any holder of a prio :.deed of trust
<br />In the event of it total taking of the Property, the proceeds shall be applied to the sums secured by
<br />this Deed of Trust,`,tvith the excess, if any, paid to Borrower. In the event of a partial taking of the
<br />Property, the proceeds remaining after taking out any part of the award due any prior lien holder (net
<br />No. TD725.04. DEEZI OP TRUST (DUE ON TRANSFER - STRICI)
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