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empowers Beneficiary as attorney -in -fact for Trustor to make proof of loss, to <br />adjust and compromise any claim under the insurance policies coveringhe <br />Property, to appear in and prosecute any action arising from such insurance <br />policies, to collect and receive insurance proceeds, and to deduct therefrom <br />Beneficiary's expenses incurred in the collection of such proceeds; provided, <br />however, that nothing contained in this Section shall require Beneficiary to incur <br />any expense or take any action hereunder. Trustor hereby authorizes and <br />empowers Beneficiary, at Beneficiary's option, as attorney -in -fact for Trustor, to <br />commence, appear in and prosecute, in Beneficiary's or Trustor's name, any <br />action or proceeding relating to any condemnation or other taking of all or any <br />part of the Property, whether direct or indirect, and to settle or compromise any <br />claim in connection with such condemnation or other taking. The proceeds of <br />any award payment or claim for damages, direct or consequential, in connection <br />with any condemnation or other taking, whether direct or indirect, of the Property, <br />or any part thereof, or for conveyances in lieu of the Property, or any part thereof, <br />shall be paid to Beneficiary. The foregoing powers of attorney are coupled with <br />an interest and are irrevocable. Trustor hereby authorizes Beneficiary to apply <br />such awards, payments, proceeds or damages relating to condemnation of the <br />Property and insurance covering the Property, after the deduction of <br />Beneficiary's expenses incurred in the collection of such amounts, at <br />Beneficiary's option, subject to the requirements of applicable law and the <br />provisions hereof, to restoration or repair of the Property or to payment of the <br />sums secured by this City Deed of Trust. Beneficiary shall be under no <br />obligation to question the amount of any compensation, awards, proceeds, <br />damages, claims, rights of action, and payments relating to condemnation or other <br />taking of the Property or insured casualty affecting the Property, and may accept <br />the same in the amount in which the same shall be paid. Trustor shall execute <br />such further evidence of assignment of any awards, proceeds damages or <br />claims arising in connection with such condemnation or taking or such insurance <br />as Beneficiary may require. <br />16. Severability. If any one or more of the provisions contained in this City <br />Deed of Trust shall for any reason be held to be invalid, illegal, or unenforceable <br />in any respect, such invalidity, illegality, or unenforceability shall not affect any <br />other provisions of this City Deed of Trust, but this City Deed of Trust shall be <br />construed as if such invalid, illegal, or unenforceable provision had never been <br />contained herein or therein, but only to the extent of such invalidity. <br />Inclusionary Housing Covenants Declaration Page 12 <br />Assumption Agreement January 2015 <br />