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assessment described in this Section so long as Trustor is actively contesting its validity in good <br /> faith and by appropriate legal proceedings that will operate to prevent the enforcement of the lien <br /> or forfeiture of the Property or any part thereof. Trustor shall post security for the payment of such <br /> contested claims as may be requested by the City. <br /> 4. Protection of Security. If Trustor fails to perform any of the covenants and <br /> agreements set forth in this Deed of Trust, or if any action or proceeding is commenced that <br /> materially affects City's interest in the Property, including, but not limited to, default under any <br /> senior lienholder document, eminent domain, insolvency, code enforcement, arrangements or <br /> proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the <br /> Property or sale of the Property under a power of sale of any instrument secured by the Property, <br /> City, at its option, without releasing Trustor from any obligation hereunder, may upon notice to <br /> Trustor,make such appearance, disburse such sums and take such action as is necessary to protect <br /> City's interest,including,but not limited to,the purchase of insurance,disbursement of reasonable <br /> attorneys' fees and entry upon the Property to make repairs. Any amounts disbursed by City <br /> pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor <br /> secured by this Deed of Trust. Unless Trustor and City agree to other terms of payment, such <br /> amounts shall be payable upon notice from City to Trustor requesting payment thereof, and shall <br /> bear interest from the date of disbursement at the highest rate permissible under applicable law. <br /> Nothing contained in this Section shall require City to incur any expense or take any action <br /> hereunder. <br /> 5. Inspection. The City may make, or cause to be made, reasonable entries upon the <br /> Property and inspections of the Security;provided that the City will give Trustor reasonable notice <br /> of inspection. <br /> 6. Title Insurance. At Trustor's expense, Trustor shall purchase a CLTA lender's <br /> policy of title insurance for the benefit of City, insuring this Deed of Trust as a secondary lien on <br /> the Property, with no delinquent taxes or assessment liens appearing as exceptions to title, <br /> 7. Hazard Insurance. Trustor shall keep the Property insured by a standard all-risk <br /> property insurance policy with endorsements for vandalism, malicious mischief, and special <br /> extended perils, in the full replacement value of the improvements, and with endorsements for <br /> increases in costs due to changes in code and inflation, with loss payable to City and any superior <br /> trust deed holder, as their interests may appear, and any other insurance required by the City. <br /> The insurance carrier providing such insurance shall be licensed to do business in the State <br /> of California and may be chosen by Trustor, subject to approval by City. All insurance policies <br /> and renewals thereof shall be in a form acceptable to the City, and shall include a standard <br /> mortgagee clause with standard lender's endorsement in favor of the holder of any senior lien and <br /> the City as their interests may appear and in a form acceptable to the City. Trustor shall provide <br /> City with copies of all policies and renewals thereof, certificates of insurance, all renewal notices <br /> and all receipts of paid premiums. In the event of loss, Trustor shall give prompt notice to the <br /> insurance carrier and the City or its designated agent. The City, or its designated agent, may make <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 /> Page 52 <br /> Exhibit D <br /> 5 53 94.00101\43 721567.1 <br />