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r ' <br /> 9 <br /> application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose <br /> this Deed of Trust. In the event of foreclosure, all rights of the Grantor in insurance policies <br /> then in force shall pass to the purchaser at the foreclosure sale. <br /> 5. To defend any action or proceeding purporting to affect the security hereof or the rights <br /> or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title <br /> search and attorney's fees in a reasonable amount, in any such action or proceeding, and in <br /> any suit brought by Beneficiary to foreclose this Deed of Trust. <br /> 6. To pay all reasonable costs, fees and expenses in connection with this Deed of Trust, <br /> including the expenses of the Trustee incurred in enforcing the obligation secured hereby and <br /> Trustee's and attorneys' fees actually incurred, as provided by statute. <br /> 7. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, <br /> liens, encumbrances or other charges against the Property, Beneficiary may pay the same, and <br /> the amount so paid, with interest at the rate of twelve percent (12%) per year or the highest rate <br /> allowed by law, whichever shall be less, shall be added to and become a part of the debt <br /> secured in this Deed of Trust. <br /> 8. If (a) Grantor fails to perform the covenants and agreements contained in this Deed of <br /> Trust, (b) there is a legal proceeding that might significantly affect Beneficiary's interest in the <br /> Property and/or rights under this Deed of Trust (such as a proceeding in bankruptcy, probate, <br /> for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Deed <br /> of Trust or to enforce laws or regulations), or (c) Grantor has abandoned the Property, then in <br /> any such case Beneficiary may do and pay for whatever Beneficiary determines is reasonable <br /> or appropriate to protect Beneficiary's interest in the Property and rights under this Deed of <br /> Trust, including protecting and/or assessing the value of the Property, and securing and/or <br /> repairing the Property. <br /> Beneficiary's actions can include, but are not limited to: (a) paying any sums secured by <br /> a lien that has or may have priority over this Deed of Trust; (b) appearing in court; and (c) <br /> paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this <br /> Deed of Trust, including its secured position in a bankruptcy proceeding. Securing the Property <br /> includes, but is not limited to, entering the Property to make repairs, change locks, replace or <br /> board up doors and windows, drain water from pipes, eliminate building or other code violations <br /> or dangerous conditions, and have utilities turned on or off. Although Beneficiary may take <br /> these actions, Beneficiary does not have to do so and is not under any duty or obligation to do <br /> so. It is agreed that Beneficiary incurs no liability for not taking any or all actions authorized <br /> under this section. Any amounts disbursed by Beneficiary shall become additional debt of <br /> Grantor secured by this Deed of Trust. These amounts shall bear interest at the rate of twelve <br /> percent (12%) per annum unless payment of interest at such rate would be contrary to <br /> applicable law, in which event these amounts shall bear interest at the highest rate permissible <br /> under applicable law. These amounts are due upon notice from Beneficiary to Grantor <br /> requesting payment. <br /> IT IS MUTUALLY AGREED THAT: <br /> 1. In the event any portion of the Property is taken or damaged in an eminent domain <br /> proceeding, the entire amount of -the award or such portion thereof as may be necessary to <br /> ADDI Agreement between D - 3 7 <br /> City of Everett and Snohomish County <br />