89=-= 100694
<br />insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, p1u,:v,1 or made against the Trust
<br />Property. Trustor further agrees, upon written request by Beneficiary, to prompity deliver to Elareffri,4ry all receipts for the payment of
<br />such charges. Trustor likewise agrees to pay all taxes, assessments and other. Charges levied upon, or assessed, placed or made
<br />against, or measured by, this Deed of Trust or the recordation herool.
<br />5. Application of Payments. All payments received by Beneficiary as to any debt, liability or obligator owed to Beneficiary by Trustor
<br />may be applied by Beneficiary to the payment of the lndebtedhms or to any such other debt, li abiliky or obligation, in any order or
<br />manner of application which Beneficiary, in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any
<br />such payment shall be deemed applied first to the payment of any debt, l abOy or obligation other Otan the Note.
<br />6. Charges; Liens. Trustor will keep the Trust Property free frown all liens and encumbrances which in any way may, in the Judgment of
<br />Beneficiary, have priority over, or impair the security of, this Deed of Trust but Trustor need not discharge any such lien so long as
<br />Trustor shall agree, in writing, to pay the obligation secured by such lien in a manner acceptable to Beneficiary and shall in good faith
<br />contest such Men by appropriate legal proceedings effective to prevent the enforcement of the lien acrd the loss of any interest in or
<br />part of the Trust Property.
<br />7. Hazard Insurance. Trustor shall keep the buildings and other improvements now existing or hereaft a erected on the Trust Property
<br />insured by insurance carriers satisfactory to Beneficiary against loss by fire, hazards included in rho term "extended coverage" and
<br />such other hazards, casualties and contingencies as may be required by Beneficiary, in such amounts and for such periods as may be
<br />required by Beneficiary. The policy of insurance shall be in form acceptable to Beneficiary, providq, that the same may not be
<br />cancelled or modified without fifteen (15) days prior written notice to Beneficiary, and shall have logs payable provisions In favor of and
<br />in form acceptable to Beneficiary. All premiums on Insurance policies shall be paid in tf ?e manner provided under paragraph 4 hereof
<br />or, if not paid In such manner, by Trustor making payment at least fifteen (15) days prior to the due date, directly to the Insurance
<br />carrier. Beneficiary shall have the right to hold the policies and renewals. thereof and Trustor shalli prrtmpily furnish to Beneficiary all
<br />renewal notices and all paid premium receipts received by it. in no event shall Beneficiary or Ttuqse be held responsible for failure to
<br />pay insurance premiums or for any loss or damage arising out of a defeat In any policy or arising out of any huture of any insurance
<br />company to pay for any kiss or damage insured against or for failure by Trustor to eh"M the insurance required-hereunder. rn the event
<br />of loss, Trustor shall give prompt notice by mail to the insurance carrieriand Beneficiary. Beneficiary may make proof of loss if not
<br />made promptly or Itr proper form by Trustor. All policies of insurance and any and all refunds of unearned premiums are hereby
<br />assigned to Benefretary as additional security for the payment of the Indebtedness. in the event offleneficlary's exercise of the power
<br />of sale contained hewn, or in the event of foreclosure, all right, titre and interest of Trustor in and W any insurance policy then in force
<br />shall pass to the purchaser at Me trustee's sale or foreclosure sale. In Haase of any toss, the insurance proceeds may, at the option of
<br />Beneficiary, be applied by Beneficiary upon the Indebtedness, or any, part thereof, and in such order and amount as Beneficiary may
<br />determine; or said insurance proceeds, at the option of Beneficiary, may either be used in replaciing or restoring the Trust Property
<br />partially or lotally destroyed to a condition safVactory to Beneficiary; :or said insurance proceeds er any portion thereof, may be
<br />released to Trustor Unless Benericlary and Trustor otherwise agree imwriting, any such application of insurance proceeds shall not
<br />extend or postpone the due date of the Note, or any installments called for Mereirr, or change the amount of such installments. if the
<br />Trust Property is acquired by Beneficiary pursuant to the exercise of,the power of sale or other foreclosure, all right, title and interest of
<br />Trustor in and to any insurance proceeds payable as a result of damage to the Trust Property pil'or to the sale or acquisition shall pass
<br />to Beneficiary and shall be applied first to the costs and expenses, including. attorney fees, incurred in collecting such proceeds, then
<br />in the manner and in the order provided herein.
<br />8. Preservation and Maintenance of Trust Property. Trustor will keep the buildings and other improuvinents now or hereafter erected on
<br />the Trust Property in good repair and condition and will not commit,or permit waster, will not alter the design or structural character
<br />constituting any building now or hereafter erected on and Constituting the Trust Property without the prior written cnnvant nf
<br />"
<br />Beneficiary, will not do any act or thing which would unduly impairior depreciate the value of the Trust Property and will not abandon
<br />the Trust Property. Trustor will not remove any fixtures constituting,the Trust Property unless the same are immediately replaced with
<br />-
<br />like properly subject to the lien and security interest of this Deed oliTnist and of at least equal value and utility. Trustor will comply with
<br />all present and future ordinances, regulations and requirements ol.any governmental body which are applicable to the Trust Property
<br />MUM
<br />and to the occupancy and use thereof. If this Deed of Trust is on a unit in a condominium or a plt3nned unit development, Trustor shall
<br />perfo m all of Trustor's obligations under the declarations or covenants creating or governing thin condominium or the planned unit
<br />:
<br />development, the bylaws and regulations of the condominium or planned unit development, and the constituent documents.
<br />9. inspection. Bertefrdary or its agents may, at all reasonable times ;,enter upon the Trust Property for the purpose of inspection.
<br />Beneficiary shall have no duty to make such inspection and shaftnot be liable to Trustor or to any person in possession if it makes or
<br />fails to make any such inspection.
<br />10. Protection of Security. If Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust, or if any action
<br />or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or Beneficiary therein or
<br />the title of Trustor thereto, then Beneficiary, at its option, may perform such convenants and agreements, make such appearances,
<br />defend against and investigate such action or proceeding and take such other action as Beneficiary deems necessary to protect its
<br />interest including, but not limited to, disbursement of reasonable attorney fees and entry upon tree Trust Property to make repairs. Any
<br />amounts disbursed by Beneficiary pursuant to this paragraph 1()i with interest thereon, shall constitute Indebtedness of Trustor
<br />secured by this Deed of Trust Unless Trustor and Beneficiary agree to other terms of payment,; such amounts shall be payable upon
<br />notice tr= Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the default rate,
<br />if any, set forth in..te Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require
<br />Beneficiary to irc ui any expense or take any action herevador. Trustor irrevocably authorizes and empowers Beneficiary to enter upon
<br />the Trust Property as Trustor's agent and, in Trustor's name or otherwise to perform any and al0 covenants and agreements to be
<br />perforated by Trustor as herein provided. Beneficiary shall, at its option, be subrogated to anylencumbrance, lien, claim or demand
<br />and to ahrights and securities for the payment thereof paid or discharged by Beneficiary under &0 provisions hereof and any such
<br />subrogation tights shWl be additional and cumulative security for,this Deed of Trust.
<br />It- Oiride,zrrration. The,�rareeds of any award or claim for damages, direct or consequential, In•connection with any condemnation or
<br />other tai ing of the This mop ; or any part thereof, or far conveyance in lieu of or in anticipation of condemnation, are hereby
<br />assigned to and shalt be paid to Beneficiary. Trustor will fife and Prosecute, in good faith and-With due diligence, its claim for any such
<br />award or payment, and will cause the same to be collected and paid to Beneficiary, and, should it fail to do so, Trustor irrevocably
<br />authorizes and errpawers Beneficiary, in the name of Trustor or otherwise, to file, prosecute,. sec6'e or compromise any such claim• and
<br />to collect, receipt fair-and retain the proceeds. It the Trust Property is abandoned by Trustor,, or, a.*rer notice by Beneficiary to Trustcx'
<br />that the condense offers to make an award or settle a claim fondemages, Trustor fails to respond to Beneficiary within thinly (sOj d'a�$ .
<br />after the date such notice is mailed, Beneficiary is authorized to collect and apply tire- proceeds in the manner indicated here-.' The .
<br />proceeds of any award or claim may, after deducting all reasonable costs and expenses, Including attorney fees, which may have
<br />been incurred by Beneficiary, in the collectie� thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to
<br />restoration of Trust Property, or applied to the payment of the indebtedness. Unless Beneficiary and Trustor otherwise agree in writing,
<br />any such application of proceeds to Indebtedness shall not extend or postpone the due date of the Note or the payment of any
<br />installments called for thereunder.
<br />12. Trustor Not Released. Extension of the time for payment cr modification of any amortization of the Indebtedness granted by Beneficiary
<br />to any successor it interest of Trustor shall not operate try re "ease: in any manner. the llbbilit y of T rusfor and Trustor's successors in
<br />interest. Beneficfaiy , shai! not be required to commence p6czedings against such successor orrefuse to extend time I r osyment or
<br />otherwise Modify- arrsortization of the indebtedness by reason of any demand made by Trustor Grad "Trustor's successors
<br />in interest.
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<br />l13. Financial Information. Upon request of Beneficiary, Trustor will provide to Beneficiary, wthin ninety (90) days of the close o {each `star
<br />year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the rn?e5 edness
<br />secured hereby, it any, and will provide and deliver to Beneficiary such other financial information and in such manner as Beneficiary
<br />h"
<br />may reasonably request from time to time.
<br />14. Financial Covenants. In addition to any other financial covenants of Trustor made in any other agreement, ;nstrument or document,
<br />Trustor shall
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<br />comply with and shell cause any and all guarantors of the Indebtedness secured hereby to comply with, or be in
<br />compliance with, the following financial covenants: (This paragraph shall not apply if covenants and requirements are not set
<br />forth herein.)
<br />15 Schedule of Leases Mthin ton (10) days after demand, Trustor shall furn,sh to Berefic,ary a schedule, certified to by Trustor setting
<br />forth all louses pf the Trust Property, or any portion thereof, includOg in each case. the narne of the renants
<br />or occupants. a r(•s, npr,on
<br />of the space occupied by such tenant or occupant, the ronral payablo for such Space .ind Sur.h otnt-r inform :ittnn anti (iorwy, wits w,th
<br />rw.pw t to ,,ur h l(!a,,r5 and tennnc,os ns 13p -1 nr,)y rea ;onahly rnacreW
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