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.«: � <br /> I <br /> .�� • , , <br /> . 1� <br /> .��•�.. . .. __ . � , -1: <br /> .. , _ <br /> � -- <br /> ��.-.�;:.u. <br /> g7►_ :�i�Q�33'7 ��_:_ <br /> _l::,._. <br /> by ownsr's and operAtors of similar propertlea end as Benoficlary mey require for Its proYectfon. Trustor will complY , f.LL. <br /> wlth such other requlremente �S All Insurence polfc es meintained purauent tothis Deedtof Truat shall neme Tru toe <br /> interest oi the respective partfes. ����`� <br /> � nnd Beneffclery as Insured, es their respective Interest may appear and provide thet there sha�l be no cancelletioQ'C� ___ <br /> � modiflcetfon wlthout flftaen (16) deys prlor wrftten notificatlon to Trustee and Beneflclary. IN the event ony p <br /> � � hereunder le not renewed on ar before flfteen 116)deys prlor to Its expiretlon det�,II delivee to Benefici�arynthe or ginal �.�`� <br /> � j euch insuranee in accordAnce with the provislone of Paregreph 7. Truator sh �_2tr�_ <br /> pollcfAa of Insurance and renewals thereof or coples of such policles and renewels thereof. Faiiure to furnish such , r+.�,r. <br /> ..•;-- <br /> • insurance by Truetor,or renewels as requlred hereunder, shall, at the optlon of Beneficfary, canstftute a defeult. All . - .� � <br /> "* unearned premiums nre hereby assigned to Trustee es eddltional security, end a sale and conveynnce of the Property ' <br /> by the Trustae shall operate to convey to the purcheser the Trustor's intereat In end to all policies of insurance upon ��..,." <br /> the Trust Property. 9 ,ii�-:"— <br /> � � . u•onpthe Pn perty be ore deli qruency and wfll delfver to Benef ceery op eseof receiptseshowing payment of such -__ - - - - <br /> ' due p , : <br /> ' taxes end special assessments. ,,, <br /> ' B. Additionel Uens. Trustor shall meke ell payments of interest and principel,and payments of eny othior Deed of �'..`;?'- <br /> � fees, end expenses contracted to be paid to any existing Ilen holders or prior beneficieries under eny p - _� <br /> � Trust, Mortgage or other sacurity egreement, before the date they are delinquent and to pay any other cleim which N_' <br /> � jooperdizes the security granted herein. -;_,, <br /> } �, Protection of Beneficiary's Sec�►ity. Should Trustor fail to meke any payment, fail to da eny act as here n `,y,-�`•- <br /> j provided or if ano Iimiited to,remineing dome nmelnsolvency, areraengemontscor p oceedings involvi g e bankruptrtor °; _ <br /> including, but n � s�,_. <br /> , � decedent,then Beneficiary or Trustee,but without obligation to do so,and without notice to or demAnd upon Tructor, :'. �, <br /> and without releasing Trustor from eny obligetion hereunder, may meke or do the same, and 88 s ioleffect said � � <br /> , �! contest or compromise andy encumbrance, charge or lien, which in the judgement of either app � <br /> ,,s;.:,� <br /> . � � <br /> Property;in exerclsing any such powers,the Beneficiary or Trustee mey Incur a Ilability end expeiid whetever amounts, ,�4_ <br /> - +�' including dtebursements of reasonable attorney's feea, which in thefr absolute discretfon may be necessary. Iri the ?,. _ , <br /> s i event that Trustor shall fefl to procure insurance, fait to pay taxes and special essessmenta or feil to make any ��� ��•,_ <br /> payments to existing or prior lien holders or beneflcierfes,the Beneficiary mey procure such insurance and meke such ti�- <br /> '� ' � � <br /> •_ � � peymente. All sums incurred or expended by Beneficiary or Trustae in eccordence with the provisions of the Deed of ��'=: <br /> Trust ere secured hereoy a�;ci,wtit�av=d��8nd• g�'�!�hA immedietely due end payeble by Trustor and shall bear interest : ry_ <br /> at the rate provfded for advences under the Loan Agreement; provided,however,thet et the Optlon oi ti�te 8e�i�nfiGiefy ��a��=_ <br /> �RS�i: <br /> or Trustee, such sums may be added to this principal balance of eny indebtedness secu�ed hereby and shall bear the ���Y <br /> ' ' . � same fnterest as such indebtedness end shall be peYeble retebly over the remaining term thereof. � <br /> �•� 8. Assignment of Rents. Beneficiary shall have the right,power and authority during the continuance of this Deed ._� <br /> of Trust to coilect the rents, issues and profits of the Property end of any personal property loceted thereon with nr �:4 <br /> .'� without teking posaession of the Property aifected hereby, and Trustor hereby absolutely and unconditionally assigns �.. <br /> y <br /> � �. all such rents, issues and profits to Beneficiary. Beneficfary, however,hereby consents to the Trustor's collection en �q_, <br /> " :��, retention of such rents,issues end profits as they accrue and become payable so long es Trustor is not,at such time, _ <br /> � in default with respect to p�Yment of eny indebtedness secured hereby or in the performance of any agreement <br /> ,'• hereunder. Upon any such default, Beneficlary may at eny tfine, either in person, by agent or by a recelver to be <br /> ;,• appointed by a court, wfthout notfce and with�ut rogard to the adequec e t ther of and in its ownename sue foreor <br /> • secured: (al enter upon and take possesslon of the Property or any p ._ <br /> otherwise collect such rents, issues end profits, including those pest due end unpaid, en apply the sema, less costs � <br /> , � � and expenses of operetion and collection, includiiig reasonable attorney fees,upon eny indebtedness secured hereby - <br /> k � � and In nuch order as Beneffcfary may determine: (b)perform such acts of ropeir or protectfon ps may be necessary or <br /> � 2 � proper to conserve the value of the Proporty: (c1 leeae the seme or any pert hereof for such rental term and upon such <br /> �, f. � condltions as its Judgment may dictete. Unless Trustor and Beneficiary agree otherwise in writing, any appllcation of �-.-�,_ s <br /> � rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the(nstallment �_; - <br /> , � �� peyments as provided in the Loan Agreement, end the applicetion thereof as aforesaid shall not weive or cure any _ <br /> � defeult or notice of defeult hereunder or invalidate any ect done pursuent to such notice. Trustor also essigns to _:.���., <br /> , �r•: <br /> � Beneficiary, as further security for the performance of the oblfga4fons secured hereby,all prepeid rents and all monies ;::'r ^ <br /> � which may have been or may hereafter be deposited with seid Trustor by any lessee of the Proporty,t� secure the t , ,� <br /> I payment of any rent, and upon defeult in the performance of any of the provisions hereof, Trustor agrees to delfver "��,• ;��. _, , <br /> i such rents end deposits to the Beneficiary. Delivery of written notice of Beneficfary's oxercise of the rights granted �":�.� •- •- {" <br /> in said premises shall be sufficient to require said tenant to pay said rent to the :.'�!�,' <br /> • � herein to eny tenant occupy g -•r�'� • <br /> Beneficfary until further notice. • �, <br /> 1 9. Condemnation. If title to any part of the Property shall be taken in condemnatfon proceedings, by right of ' <br /> � � eminent domain or similar action, or shall be sold under threat of condemnetion,all awards, damages and procaeds <br /> j are hereby assignod and shell be peid to Beneficiery who shall apply such award,damages and proceeds to the sums <br /> secured by the Deed of Trust, with the excass, if eny, paid to the Trustor. <br /> 10. Future Advencc►s. The Loan Agreement provides for advances from time to time to Trustor by Beneficiary <br /> l as provided therein. In eddition,upon request of Trustor, Beneficiery, at Beneficiary's option, prfor to reconveyance <br /> � of the Property to the Trustor, may makn add^f Tr�i�tuwhen ev d nced byhprornissory otes stating that sa d Inot�es <br /> , . <br /> interest thareon,sna�� od�v���e��r •^�° �--°~ _. -- - ..--___ -- . <br /> 'i are secured hereby; provided thet at no time shall the secured principel and future advances, not mcivaing sums <br /> advanced to protect the security, excc�ed one hundred percent (100%) of the original principel amounts secured <br /> hereby. , <br /> 11. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulaYive to any ot er I <br /> right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised conc�rrently, <br /> independently or successively. � <br /> 12. Acceleration; Remedios; Sale. A default shall exist in the event of: ` <br /> (A) Any fraud or misrepresentation by the Trustor in connection with the line of credit which this Deed of Trust <br /> secures; � <br /> 4os•2 I <br /> ' 9/94 I <br /> _ _-- <br /> ____ . - <br /> _ _ <br />