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to obtain from a carrier issuing such insurance a policy that, by special endorsement or
<br />otherwise, permits such a waiver of subrogation.
<br />(b) Except as otherwise specifically provided herein, all amounts payable by Trustor
<br />pursuant to this Deed of Trust shall be paid without notice, demand, counterclaim, setoff,
<br />deduction or defense and without abatement, suspension, deferment, diminution or reduction,
<br />and the obligations and liabilities of Trustor hereunder shall in no way be released, discharged or
<br />otherwise affected (except as expressly provided herein) by reason of: (i) any damage to or
<br />destruction of or any condemnation or similar taking of the Security or any part thereof; (ii) any
<br />restriction or prevention of or interference by any third party with any use of the Security or any
<br />part thereof; (iii) any title defect or encumbrance or any eviction from the Security or any part
<br />thereof by title paramount or otherwise; (iv) any bankruptcy, insolvency, reorganization,
<br />composition, adjustment, dissolution, liquidation or other like proceeding relating to Beneficiary,
<br />or any action taken with respect to this Deed of Trust by any trustee or receiver of Beneficiary,
<br />or by any court, in any such proceeding; (v) any claim which Trustor has or might have against
<br />Beneficiary; (vi) any default or failure on the part of Beneficiary to perform or comply with any
<br />of the terms hereof or of any other agreement with Trustor; or (vii) any other occurrence
<br />whatsoever, whether similar or dissimilar to the foregoing. Except as expressly provided herein,
<br />Trustor waives all rights now or hereafter conferred by statute or otherwise to any abatement,
<br />suspension, deferment, diminution or reduction of any sum secured hereby and payable by
<br />Trustor.
<br />2.12. Utilities.
<br />Trustor shall pay or cause to be paid when due all utility charges which are incurred for
<br />the benefit of the Security or which may become a charge or lien against the Security for gas,
<br />electricity, water, sewer services or other fees and charges for utilities furnished to the Security
<br />and all other assessments or charges of a similar nature, whether public or private, affecting or
<br />related to the Security or any portion thereof, whether or not such taxes, assessments or charges
<br />are or may become liens thereon.
<br />2.13. Actions by Beneficiary to Preserve Property.
<br />If Trustor fails to make any payment or to do any act as and in the manner provided in
<br />this Deed of Trust, Beneficiary and Trustee, and each of them, each in its own discretion, without
<br />obligation to do so, without releasing Trustor from any Obligation, and subject only to the notice
<br />and cure provisions of the Loan Agreement, may make or do the same in such manner and to
<br />such extent as either may deem necessary to protect the security hereof In connection therewith
<br />(without limiting their general and other powers, whether conferred herein, in another Loan
<br />Document or by law), Beneficiary and Trustee shall each and are hereby given the right, but not
<br />the obligation: (i) to enter upon and take possession of the Security; (ii) to make additions,
<br />alterations, repairs and improvements to the Security which either of them consider necessary or
<br />proper to keep the Security in good condition and repair; (iii) to appear and participate in any
<br />action or proceeding which may affect the security hereof or the rights or powers of Beneficiary
<br />or Trustee; (iv) to pay, purchase, contest or compromise any encumbrance, claim, charge, lien or
<br />debt which in the judgment of either may affect the security of this Deed of Trust or be prior or
<br />superior hereto; and (v) in exercising such powers to pay necessary expenses, including
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<br />Westview House
<br />City HOME Deed of Trust
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