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z5 <br />Beneficiary shall have the right to receive and collect all damages <br />awarded by reason of such taking, and the right to such damages <br />hereby is assigned to Beneficiary who shall have the discretion to <br />apply the amount so received, or any part thereof, to the <br />indebtedness due hereunder and if payable in installments, applied <br />in the inverse order of maturity of such installments, or to any <br />alteration, repair or restoration of the Premises by Grantor and t~o <br />account to the Grantor with respeot to any surplus thereof. <br />4. WARRANTIES. Grantor covenants with Trustee and Beneficiary <br />that it is seized of the Premises in fee simple, has the right to <br />convey the same in fee simple, that title is marketable and free and <br />clear of all encumbrances, and that it will warrant and defend the <br />title against the lawful claims of all persons whomsoever, except <br />for the exceptions hereinafter stated. <br />5. IIBSTITUTION OF„TRIISTEE. Grantor and Trustee covenant and <br />agree to and with Beneficiary that in case the Trustee, or any <br />successor trustee, shall die, become. incapable of acting, renounce <br />his trust, or for any reason the holder of the Note desires to <br />replace said Trustee, then the holder may appoint, in writing, a <br />trustee to take the place of the Trustee; and upon the probate and <br />registration of the same, the trustee thus appointed shall succeed <br />to all rights, powers and duties of the Trustee. <br />6. ADVANCEMENTS. xf Grantor shall fail to perform any of the <br />covenants or obligations contained herein or in any other instrument <br />given as additional security for the Note secured hereby, the <br />Beneficiary may, but without obligation, make advances to perform <br />such covenants or obligations, and all such sums so advanced shall <br />be added to the principal sum, shall bear interest at the rate <br />provided in the Note secured hereby for sums due after default and <br />shall be due from Grantor on demand of the Beneficiary. No <br />advancement or anything contained in this paragraph shall constitute <br />a waiver by Beneficiary or prevent such failure to perform from <br />constituting an event of default. <br />7. WAxVERS. Grantor waives all rights to require marshalling <br />of assets by the Trustee or Beneficiary. No delay ~r omission of the <br />Trustee or Beneficiary in the exercise of any right, power or remedy <br />arising under the Note or this Deed of Trust shall be deemed a <br />waiver of any default or acquiescence therein or shall impair or <br />waive the exercise of such right, power or remedy by Trustee or <br />Beneficiary at any other time. <br />8. TAX COMPLIANCE. The Grantor shall not take, permit.or omit <br />