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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. <br />; <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 <br />4 <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 <br />