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r <br />F <br />89- 100763 <br />TO PROTECT THE SECURITY OF THIS TRUST DEED. TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS <br />t. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the indebtedness <br />evidenced by the Note, and all othercharges and tees as provided in the Note, and the principal of and interest on any Future Advances secured <br />by this Trust Deed. <br />2. WARRANTYOF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property hereby conveyed <br />and has the right to grant and convey the Property: the Property is tree and clear of all hens and encumbrances except liens now of record; and <br />Trustor will warrant and defend the title to the Property against all claims and demands. <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in good tepaii and condition and shall not commit waste <br />or permit impairment or deterioration of the Property and shall comply with the provisions of anV -I if this Trust Deed is on a leasehofd No <br />improvement nowor hereafter erected upon the Property shall be altered, removed or demolished oiftiout the prior written consent at Beneficiary. <br />Trustor shall comply with all taws; crdrnances, regulations, covenants, conditions and tistrictions affecting the Property and not commit, suffer or <br />permit any act to be done in orfipt!tfhe Property in violation of any law, ordinanrr,., r Walion, covenant- condition or restriction. Trustor shall <br />complete or restore promptly and in good workmanlike manner any improvement da are Property which may be damaged or destroyed and pay, <br />when due. all clarets for labor performed and materials furnished therefor and for arty alterations thereof. <br />4. INSURANCE. Trustor. at its exoense, will maintain with insurars approved by T3dtlgbciary, insurancewif rvypersf tnftic.imfsrovemonl5.and <br />personal property, constitutttig % :?+e Property, against loss by fire, lightning, tornado,•ir"vk-,)ther perils and haraid>; crrieredbj Mf rdarila.%4' rtrl�u <br />coverage indorsement. i;?. an er du•rtt equal to at least one hundred percent ( t rJG%j :ill :ff;r�tµll repiticement vaiuta i/ir3rdaf &t►d: insurance a���1s$� <br />such other hazards and ins;cchors : :?is uiiir_ ustomarily carried byoWnersandoph tr i6rTai rsjintlarpropertiesorasBene116 iyy ray require tor• <br />itsprotection. Trustor will .y- requirements asBanr3flcm roteco�, ri;yfnsuraCeofthe <br />interests of the respective part),i = :' :ibi lsriia�ce policies maintained o:irttiantta ff v.l—futt; Deed shay name Trustor and 8enetictary a5 itisucPd; as <br />their respective interests may appear, and provide that there be no cancellarivil otatirdljication without at least ISdays prior written ttujljfir(i( -(an to <br />Trustee and Beneficiary may procure such insurance in accordance with ilirtpf► lVrif ri!! rof paragraph 6 hereof. Trustor shall deltYe +(ofje(jafiGi ry <br />the original policies orfnsurante and ren^' �al.,! ha fcofof memo copl=,A_f:!;dgfi and renewafSthe :eul iailurvtollrririfir `4 ;0;!rl5uraliGCtly <br />Trustor, or renewals as required hereunder shall, at the option of Ao4hc(ary, constitute a default <br />5. TAXES, ASSESSMENTS AND CHARGES. Trustor Phall pay all taxes, assessments and other charges. including, wtlht3 i limitation, fines <br />and impositions attributable to the Property and leasehold•pdymenis or ground rents, if any, before the same become delirtgp ant. Trustor shall <br />promptly furnish to beneficiary all notices otamounts due lritddrthusparagraph. and in the event Trustor shall make paymeoi.dht::�; y, Trustorseall <br />pr.isr;tty furnish to Beneficiary receipts. evidencing such paymonlp. Tr,,star shall pay all taxes and assessments which -I'll ce levied upon <br />Benefrciarys inlaiest herein or upon thi$.T,tist Deed without regard io any Iaw that may be ens : :i;;d:.mposing payment of rd +i?;vtrG!e or any part <br />thereof upon theSenefrciary. <br />6 ADDITIONAL LIENS AND OFICTECT(ON OF BENEFICIARY'S SECURITY. Trustor shall make all payments of interest and princ%: i.ind <br />payments of any other charges, fbep aitd:expenses contfacted to be Card to any existing or subsequent penholder or bene`ic-tary, under any <br />existing or subsequent mortgage or trust doed before the date they a •,e d 'clingent or in defau!t. and promptly pay and discha' l:)a:ny and all other <br />bens, claims orchargeswhich may jeopardize the security granted i ^ear n If Trustor fails to make any such payment orfailss any of the <br />covenants and agreements contained in this Trust Deed or the Not referred to herein, or in any prior or subsequent trust dears t,r if any action or <br />proceeding is commenced which materially affects Beneficiary's!­, _,7-ast in the Property, including but notl.m;toAfc, eminent domain proceed- <br />ings, proceedings involving a decedent, notice of sale by Trur':e._v n :;•re of default by Trustee, mortgage forecro--ure action. or if Trustor fads to <br />pay Trustor's debts generally as they become due. then $ :1.r!` ar;.: t Beneficiary's option and without notice to or demand upon Trustorand <br />without releasing Trustor from any obligation hereunder, mayr;r aae ::tt appearances, disburse such sums and take such ar%:.lV, as is necessary <br />to protect Beneficiary's interest, including, but net limited to, disu:: ft ement of reasonable attorney's fees, payment, purchase, contest or <br />compromise of any encumbrance, charge or lien, entry upon the Property to rnakq repairs or declaration of default under this Trust Deed. In the <br />event that Trustor shall fail to procure insurance or to pay taxes. assessments. or•;; ni• other charges or to make any payments to any existing or <br />subsequent penholders or existing or subsequent beneficiaries, Beneficiary ma•)r Frr,• , e such insurance and make such payment, but shad ^ri <br />be obligated to do so Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional indebtedness of Trustor <br />secured by this Trust Deed Such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear <br />interest from the date of disbursement at the rate payable from time to t —e on outstanding principa; under the Note unless payment of interest at <br />such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable <br />taw. Nothing contained in this Paragraph 6 shall require Benoficiary to incur any expense or take any action ti:-ender <br />7. ASSIGNMENT OF RENTS. Beneficiary shall have the right, power and authority durng �hrr continuance of this Trust Deed to collect the <br />rents, issues and profits of the Property and of any personal property ,u ated thereon mitt tit- a 1111 LA taking possession of the property affected <br />hereby. and Trurstar hereby absolutelyard unconditionally assigns all i,i_n rents, isst-i-ii.iril to Beneficiary Beneficiary. however. hereby <br />consents to the Trustor scollection and retention of such rents. issues a: •C profits 2; It'B +r accrue and become payable so long as Truslor is I,,!. at <br />such time, in default with ies;: er. tto payment of any indebtedness secured hereby cri+' the performance of any agreement hereunder. t,pen.xny <br />such default. Benofrcrary ma-y a' anytime, either in person, by agent, or by a rece,var to be appointed by a court• without notice and without re ;aid <br />tothe adequacy of irny socu: fly for the indebtedness hereby secured. lie-+ eirrer upon and take possession of the Property or any part thereof, and in <br />its own names Ve jar or otherwise Coffee such rents. issues and prU' +t!:, ntu'.iding those past due and unpaid. and apply the same. less costs and <br />expenses of cpeiatcon and collection. including reasonable atteri my s f,es. upon any indebtodness secured hereby, and rn such order at- <br />Beneficiary may determine; (bl perform such acts of repair or protect,cs, as may ae necessary or proper to conser•le the value of the Propertly :c I <br />lease the same or any part thereof for such rental. term. and up=, such condition,, as do judgment may dictate crl,lrminateoradlustthete +rn5lnil <br />conditions of existing leases. Unless Trustor and Beneficiary thereof agree otherwise to writing, any appncalicn of rents. issues or profits to :,r•;' <br />indebtedness secured hereby shall not extend or postpone the due eato of the instaltmenl payments as provided in said promissory na+tt r>r <br />change the amount of such instal Iments The entering upon and taking' pus:= essrun of the Property. the collection 01 such rents. issues anda'cl,ts <br />and the acpheation thereof as aforesaid. shall not waive or cure any dr -fault or notice of defaull hereunder or invalidate any acl done atirsLiant ro <br />Su.i —otice. Trustor also assigns to Beneficiary. as further security for the performance of the obligations secured hereby. allpropa,d rentsand ]ll <br />rr.on;oswhich may have been or may hereafter be deposited with said rrustor by any lessee of the Property. to secure the payment of airy rumor <br />damages. or upon default in the performance of any of the grovrsrons hereof. Trustor agrees to dopver such rents and deposits to 8enefrc•,ary <br />Delivery of written notice of Beneficiary s exercise of the vrghts granted herein to any tenant occupying sald premises shartbesuffirrr thrrf•ciu -rr- <br />said tenant to pay rent to the BehefrC nary until further notice <br />B CONDEMNATION. It title to any part of the Property shall be taken .n condemnation oroceed,ngs, by right of eminent dorna,n or ; ,•:,, v <br />action, or shall be sold under threat otcondemnation, ali awards. damages and proceeds art- hereby ass yne and shall be pa•d tc, !i ,C' r,r , <br />who shall apply such awards, damages and proceeds to the sum secured by Ili s Trust Otced. aith the excess. of any paid ID Trustor if Tr,. •ti t <br />receives any nnLCnntnthnrrnformatrenrnr3� •r�t•�;u�` : :� ^��'pfeC�cy.r =y5 Tr�yiuryira:: y, vep' Omptvrnttenn�t ,c�tnP•f,c,'tn�_,��•r <br />+' V <br />Beneficiary shall be entitled. stirs option to commence appear rh and prosecute in its own ne�mE airy SU[ n aC1,Uh pr p•q; �•t :d,r,U> „�' i br•d%'.•r• <br />Willed to make any comptomise at settlement ,n connection with any such action Of oroceed,nras <br />tr FUTURE ADVANCES. Upon requost tit Trustur, Benehc,aty at Benefioary s option prior tr, •eror :f•vanc<_ =<,t th,• p•,,; , •t, r., t • „�•t,r , <br />'rtak,0 tutu readdancestri Trurr1Ur Su£.hfururead,rancas Onth into rest there Un SttaR!tE•SEr'UtL ' ii)fl ^STrustUr'e ' la,rE„ �•. �.,,•,, <br />T c'fw, ,Iitl,f:tl Vial s3-`J netts are `.frttltert P;erF'b r ;r. is r t•'� <br />/ L'UnU9U hat al On 1rf►tL ShFlrr thc+ Sc'GU•t!d :,'r`,t irs+1 .trail t.,+;.•E ,i t. =.r • . , r • , f „ , <br />a'1+rtnCed to vru'cc' tt f7 sftt:urrty Vol arm f rl.I IIund•c'1 of? !a ° : t• nn ma) rrN <br />u UJ ) of th y alp ,,;;I n +r.rnur.. S.•_ � 7 r : , <br />,)fir <br />r <br />M1 <br />t'� <br />