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5.8 Use of Property. Truster shall not permit or suffer the use of any of the Property for any purpose not allowed by the San Leandro Zoning Code or any other applicable law. 5.9 Protection of Beneficiary's Security. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, arrangements, o.r proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, then Beneficiary, at Beneficiary's option, upon notice to Trustor, may make such appearance, disburse such sums, and take such action as is necessary to protect Beneficiary's interest, including, but not limited to, the purchase of insuranc.e, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any amounts disbursed by Beneficiary pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law. Nothing contained ·in this Section shall require Beneficiary to _incur any expense or take any action hereunder. · · . 5.10 Inspection. Beneficiary or its agent may make or cause to be made reasonable entries upon and inspections of the Property. Beneficiary shall give Trus.tor notice at the time of or prior to· any such inspection specifying reasonable cause for the · inspection · 5'.11 Awards and Damages. All judgments, awards of damages, settlements and compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminentdomain, (b) any damage to or destrwction of the Property or any part thereof by insured casualty, ard (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be paid to the Beneficiary, subject to the rights of any senior lien holder. The Beneficiary is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part upon any indebtedness or obligatiori secured hereby, in such order and manner as the Beneficiary shall determine at its option. The Beneficiary shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Beneficiary may be released to Truster upon such conditions as the Beneficiary may impose for its disposition. Application of all or ariy part of the amounts collected and received by the Beneficiary or the release thereof shall not cure or waive any defauit under this Deed of Trust. If the Property is abandoned by Trustor, or if, after notice by Beneficiary to Truster that the condemner offers to make an award or settle a claim for damages, Trustor fails to respond to Exhibit C Page 6 of 16