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DRAFT <br /> proof of loss if not made promptly by Trustor,The policies shall include an endorsement providing <br /> that City shall receive thirty (30) days' advance written notice of the cancellation, expiration or <br /> termination or any material change in the coverage afforded by any of the insurance policies <br /> required under this Section. <br /> If the Property is acquired by the City, all right, title and interest of Trustor in and to any <br /> insurance policy and in and to the proceeds thereof resulting from damage to the Property prior to <br /> the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust <br /> immediately prior to such sale or acquisition, subject to the rights of the holder of any senior lien. <br /> Renewal policies and any replacement policies, together with premium receipts <br /> satisfactory to the City, shall be delivered to the City at least thirty(30)days prior to the expiration <br /> of existing policies.Neither Trustee nor the City shall by reason of accepting,rejecting, approving <br /> or obtaining insurance incur any liability for the existence,nonexistence, form or legal sufficiency <br /> of such insurance, or solvency of any insurer for payment of losses. The application of proceeds <br /> pursuant to this Section shall not cure or waive any default or noticc`:of default hereunder or <br /> invalidate any act done pursuant to such notice: <br /> S. Awards and Damages. Subject to the rights of senior lienholders, all judgments, <br /> awards of damages, settlements and compensation made in connection with or in lieu of(a)taking <br /> of all or any part of or any interest in the Property by or under assertion of the power of eminent <br /> domain, (b) any damage to or destruction of the—Property or any part thereof by insured casualty, <br /> and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and <br /> shall be applied to the restoration or repair of the Property(if applicable) or paid to the City. The <br /> City is authorized and empowered (but not required) to collect and receive any such sums and is <br /> authorized to apply them in whole,or.in part upon any indebtedness or obligation secured hereby, <br /> in such order and manner as the City shall determine at its option. The City shall be entitled to <br /> settle and adjust all claims under insurance policies provided under this Deed of Trust and may <br /> deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in <br /> connection.with any such settlement or adjustment.All or any part of the amounts so collected and <br /> recovered by the City may be released'to Trustor upon such conditions as the City may impose for <br /> its disposition.Application'of all or any part of the amounts collected and received by the City or <br /> the release thereof shall not cure'or waive any default under this Deed of Trust. If the Property is <br /> abandoned by Trustor, or if, after notice by City or its designated agent to Trustor that the <br /> condemnor or insurer offers to make an award or settle a claim for damages, Trustor fails to <br /> respond to City within thirty (30)days after the date such notice is mailed, City or its designated <br /> agent is authorized to collect and apply the proceeds,at City's option,either to restoration or repair <br /> of the Property or to the sums secured by this Deed of Trust <br /> 9. Maintenance. Trustor shall maintain the Property and all structures and <br /> landscaping thereon in good condition and repair. Trustor agrees to complete installation of <br /> landscaping as approved by the City, and to diligently maintain and care for installed landscaping, <br /> using generally accepted methods of cultivation and watering. Trustor shall not remove or <br /> demolish any building located on the Property, and agrees to complete or restore promptly and in <br /> good and workmanlike manner any building which may be constructed, damaged or destroyed <br /> thereon, and to pay when due all claims for labor performed and materials furnished therefor, and <br /> to comply with all laws affecting the Property or requiring any alterations or improvements to be <br /> Page 53 <br /> Exhibit D <br /> 5 5394.00 10 1\43423340.1 <br />