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insurance policies, which shall be issued by such companies as the Beneficiary may approve and <br /> have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor. <br /> Except as otherwise set forth in the Loan Agreement, the Priority Agreement (as that term is <br /> defined in the Loan Agreement) or the Note, the amount collected under any insurance policy <br /> may be applied to any indebtedness hereby secured in such order as the Beneficiary shall <br /> determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings <br /> to foreclose this Deed of Trust. In the event of foreclosure, all rights of the Grantor in insurance <br /> policies then in force shall pass to the purchaser at the foreclosure sale. <br /> 4. To defend any action or proceeding purporting to affect the security hereof or <br /> the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost <br /> of title search and attorneys' fees in a reasonable amount, in any such action or proceeding, and <br /> in any suit brought by Beneficiary to foreclose this Deed of Trust. <br /> 5. To pay all costs, fees and expenses in connection with this Deed of Trust, <br /> including the expenses of the Trustee incurred in enforcing the obligations secured hereby and <br /> Trustee's and attorneys' fees actually incurred, as provided by statute. <br /> 6. Should Grantor fail to pay when due any taxes, assessments, insurance <br /> premiums, liens, encumbrances or other charges against the Property hereinabove described, <br /> Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the <br /> Note secured hereby, shall be added to and become a part of the debt secured in this Deed of <br /> Trust. <br /> IT IS MUTUALLY AGREED THAT: <br /> 1. Except as otherwise set forth in the Loan Agreement or the Note, in the event <br /> any portion of the Property is taken or damaged in an eminent domain proceeding, the entire <br /> amount of the award or such portion as may be necessary to fully satisfy the obligation secured <br /> hereby, shall be paid to Beneficiary to be applied to said obligation. <br /> 2. By accepting payment of any sum secured hereby after its due date, Beneficiary <br /> does not waive its right to require prompt payment when due of all other sums so secured or to <br /> declare default for failure to so pay. <br /> 3. The Trustee shall reconvey all or any part of the Property covered by this Deed <br /> of Trust to the person entitled thereto on written request of the Grantor and the Beneficiary, or <br /> upon satisfaction of the obligation secured and written request for reconveyance made by the <br /> Beneficiary or the person entitled thereto. <br /> 4. Upon the occurrence of default by Grantor in the payment of any indebtedness <br /> secured hereby ("Monetary Default") or in the performance of any agreement contained herein <br /> ("Non-Monetary Default") (after the expiration of any applicable cure period), all sums secured <br /> hereby shall immediately become due and payable in accordance with the loan documents (at <br /> the option of the Beneficiary). In such event and upon written request of Beneficiary, Trustee shall <br /> sell the trust Property, in accordance with the Deed of Trust Act of the State of Washington, at <br /> public auction to the highest bidder.Any person except Trustee may bid at Trustee's sale. Trustee <br /> shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a <br /> reasonable Trustee's fee and attorneys' fee; (2) to the obligation secured by this Deed of Trust; <br /> and (3) the surplus, if any, shall be distributed to the persons entitled thereto. <br />