Laserfiche WebLink
(d) In the event of foreclosure of this Deed of Trust or other transfer of title or <br />assignment of the Property in extinguishment, in whole or in part, of the debt secured hereby, all <br />right, title and interest of Trustor in and to all policies of insurance required by Section 3.2 <br />hereof and any unearned premiums paid thereon shall, without further act, be assigned to and <br />shall inure to the benefit of and pass to the successor in interest to Truster or the purchaser or <br />grantee of the Property, and Trustor hereby appoints Beneficiary its lawful attorney -in -fact to <br />execute an assignment thereof and any other document necessary to effect such transfer. <br />3.3. Advances. <br />In the event the Truster shall fail to maintain the full insurance coverage required by this <br />Deed of Trust or shall fail to keep the Security in accordance with the Loan Agreement, the <br />Beneficiary, after at least twenty (20) days prior written notice to Trustor, may (but shall be <br />under no Obligation to) take out the required policies of insurance and pay the premiums on the <br />same or may make such repairs or replacements as are necessary and provide for payment <br />thereof; and all amounts so advanced therefor by the Beneficiary shall become an additional <br />Obligation of the Truster to the Beneficiary (together with any applicable interest) and shall be <br />secured hereby, which amounts the Trustor agrees to pay on the demand of the Beneficiary, and <br />if not so paid, shall bear interest from the date of the advance at the Agreed Rate. <br />Section 4. DAMAGE, DESTRUCTION OR CONDEMNATION <br />4.1. Casualties. <br />Truster shall give prompt written notice to Beneficiary upon the occurrence of casualty to <br />or in connection with the Security or any part thereof, whether or not covered by insurance. In <br />the event of such casualty Trustor hereby absolutely and unconditionally assigns to Beneficiary <br />all insurance proceeds which it may be entitled to receive and such proceeds shall be delivered to <br />and held by Beneficiary to be applied to Beneficiary's expenses in settling, prosecuting or <br />defending any insurance claim, and then to the restoration of any portion of the Security that has <br />been damaged or destroyed to the same condition, character and value as existed prior to such <br />damage or destruction so long as the following conditions are satisfied: (i) Truster is not in <br />default hereunder (other than any default resulting from such casualty), (ii) Beneficiary's <br />security is not materially impaired, (iii) all income (from the Security or otherwise) required to <br />pay all debt service and operating expenses of the Security during such restoration and thereafter <br />will be equal to or greater than the income which was required to pay such debt service and <br />operating expenses prior to the casualty, (iv) Truster evidences to the reasonable satisfaction of <br />Beneficiary that the insurance required to be maintained hereunder will be available to the <br />Trustor during restoration and thereafter, (v) Beneficiary shall have approved the plans and <br />specifications for such restoration, which approval shall not be unreasonably withheld or <br />delayed, and (vi) in the event that in Beneficiary's reasonable judgment the insurance proceeds <br />and any amounts deposited with a senior lender are not sufficient to accomplish restoration, <br />Trustor deposits with the Beneficiary or senior lender, if and to the extent required by that senior <br />lender pursuant to the terms of the senior debt instrument, within five days of demand by <br />Beneficiary, the additional amounts necessary to accomplish restoration. Proceeds disbursed for <br />restoration will be released to Truster in accordance with Beneficiary's then current customary <br />disbursement procedures. In the event any of the conditions set forth above are not satisfied or if <br />15 <br />Westview House <br />City Inclusionary Housing Program Deed of Trust <br />