Laserfiche WebLink
20]205288 <br />Subject Property or any interest therein, or (b) by any public authority upon Beneficiary by reason of its <br />interest in any Secured Obligation or in the Subject Property, or by reason of any payment made to <br />Beneficiary pursuant to any Secured Obligation; provided however, that Trustor shall have no obligation <br />to pay any income taxes of Beneficiary. Promptly upon request by Beneficiary, Trustor shall furnish to <br />Beneficiary satisfactory evidence of the payment of all of the foregoing. Beneficiary is hereby authorized <br />to request and receive from the responsible governmental and non-governmental personnel written <br />statements with respect to the accrual and payment of any of the foregoing. <br />4.3 Performance of Secured Obligations. Trustor shall promptly pay and perform each Secured <br />Obligation when due. <br />4.4 Liens, Encumbrances and Charges. Trustor shall immediately discharge any lien on the <br />Subject Property not approved by Beneficiary in writing. Except as otherwise provided in any Secured <br />Obligation or other agreement with Beneficiary, Trustor shall pay when due all obligations secured by or <br />reducible to liens and encumbrances which shall now or hereafter encumber the Subject Property, <br />whether senior or subordinate hereto, including without limitation, any mechanics' liens. <br />4.5 Insurance. Trustor shall insure the Subject Property against loss or damage by fire and such <br />other risks as Beneficiary shall from time to time require. Trustor shall carry public liability insurance, <br />flood insurance as required by applicable law and such other insurance as Beneficiary may reasonably <br />require, including without limitation, terrorism, business interruption insurance or loss of rental value <br />insurance. Trustor shall maintain all required insurance at Trustor's expense, under policies issued by <br />companies and in form and substance satisfactory to Beneficiary. Neither Beneficiary nor Trustee, by <br />reason of accepting, rejecting, approving or obtaining insurance, shall incur any liability for: (a) the <br />existence, nonexistence, form or legal sufficiency thereof; (b) the solvency of any insurer; or (c) the <br />payment of losses. All policies and certificates of insurance shall name Beneficiary as mortgagee and <br />loss payee, and shall provide that the insurance cannot be terminated as to Beneficiary except upon a <br />minimum of ten (10) days' prior written notice to Beneficiary. Immediately upon any request by <br />Beneficiary, Trustor shall deliver to Beneficiary the original of all such policies or certificates, with receipts <br />evidencing annual prepayment of the premiums. <br />4.6 Tax and Insurance Impounds, At Beneficiary's option and upon its demand, Trustor shall, <br />until all Secured Obligations have been paid in full, pay to Beneficiary in advance monthly, annually or as <br />otherwise directed by Beneficiary an amount estimated by Beneficiary to be equal to: (a) all taxes, <br />assessments, levies and charges imposed by any public or quasi -public authority or utility company which <br />are or may become a lien upon the Subject Property and will become due for the tax year during which <br />such payment is so directed; and (b) premiums for fire, other hazard and mortgage insurance next due. If <br />Beneficiary determines that amounts paid by Trustor are insufficient for the payment in full of such taxes, <br />assessments, levies and/or insurance premiums, Beneficiary shall notify Trustor of the increased amount <br />required for the payment thereof when due, and Trustor shall pay to Beneficiary such additional amount <br />within thirty (30) days after notice from Beneficiary. All amounts so paid shall not bear interest, except to <br />the extent and in the amount required by law. So long as there is no Default, Beneficiary shall apply said <br />amounts to the payment of, or at Beneficiary's sole option release said funds to Trustor for application to <br />and payment of, such taxes, assessments, levies, charges and insurance premiums. If a Default exists, <br />Beneficiary at its sole option may apply all or any part of said amounts to any Secured Obligation and/or <br />to cure such Default, in which event Trustor shall be required to restore all amounts so applied, as well as <br />to cure any Default not cured by such application. Trustor hereby grants and transfers to Beneficiary a <br />security interest in all amounts so paid and held in Beneficiary's possession, and all proceeds thereof, to <br />secure the payment and performance of each Secured Obligation. Upon assignment of this Deed of <br />Trust, Beneficiary shall have the right to assign all amounts collected and in its possession to its <br />assignee, whereupon Beneficiary and Trustee shall be released from all liability with respect thereto. The <br />existence of said impounds shall not limit Beneficiary's rights under any other provision of this Deed of <br />Trust or any other agreement, statute or rule of law. Within ninety-five (95) days following full repayment <br />COMMNETEED_NE.DOC (Rev. 02/10) -5- <br />