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r <br />s � <br />S <br />F <br />S9-_; 100799 <br />insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed cr made against the Trust <br />Property Trustor further agrees. upon written request by Beneficiary, to promptly deliver to Beneficiary all receipts for the payment of <br />such charges. Truster 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 hereof. <br />5, Application of Payments. Ali payments received by Beneficiary as to any debt, liability or obligation owed to Beneficiary by Trustor <br />may be epp#ad by Beneficiary to the payment of the Indebtedness or to any such other debt, liability 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. liability or obligation other than the Note. <br />6. Charges; liens. Trustor will keep the Trust Property free from all liens and encumbrances which in arty 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 />Twwr Shall agree, in writing, to pay the obligation secured by such lien in a manner acceptable to Beneficiart and shall in good faith <br />cci test such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the toss of any interest in or <br />part of fire Trust Property . <br />7, Hazard insurance. Trustor shall keep the buildings and other improvements now existing or hereafter erected on the Trust Property <br />insured by Inaurance canters satisfactory to Beneficiary against loss by tire, hazards included in the term "extended coverage" and <br />such ciherhazards, 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, provide that the some may not be <br />cancelled or modified without fifteen (15) days prior written notice to Beneficiary, and shall have loss payable provisions in favor of and <br />in form acceptable to Beneficiary. All premiums on insurance policies shall be paid in the 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 shall promptly furnish to Beneficiary all <br />renewal notices and all paid premium receipts received by it, In no event shall Beneficiary or Trustee be held responsible for failure to ; <br />pay insurance premiums or for any loss or damage arising out of a defect in any policy or arising out of any failure of any insurance <br />company to pay for any foss or damage insured against or for failure by Trustor to effect the insurance required hereunder, in the event <br />of loss. Trustor shall give prompt notice by mail to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not <br />made promptfy or in proper form by Trustor. All policies of insurance and any and all refunds of unearned premiums are hereby <br />assigned to Beneficiary as additional security for the payment of the indebtedness. In the event of Beneficiary's exercise of the power <br />of sale contained• herein, or iiT the event of foreclosure, aft right title and interest of Truster in and to ary insurance policy then in force <br />shall pass to ti're), uchaser at the trustee•'& sale or foreclosure sale. in case of any loss, the insurance proceeds may, at the option of <br />ga oticlary , to ate--d by LPW the 1Rdf*hfedn9sS, or any part thereof, and in such order and amount as Beneficiary may <br />determine; or sad inWranc p seeds, at the option of Beneficiary, may either be used in replacing or re,^: taring the Trust Property <br />parYally or to taffy destroyed pa, a condition satisfactory to Beneficiary, or said insurance proceeds, or any 0offion th ereof, maybe <br />r, teased to Truster. Unless Beneficiary and Trustor otherwise agree in writing. any such application of Insurance proceeds shall not <br />wand or pos,*I'm the due date of th e Note, or any installments caged for therein, or change the amountafsuch installments. ii the <br />Trust Property is ecquired by Beneficiary pursuant to the exercise of the power of safe or other foreclosure, all right, title and interest of <br />T TWr in and tc any insurance proceeds payable as a result of damage to the Treat Property pillar tc die sale or acquisition shall pass <br />rn Beneficiary and shall be applied first to the costs and expenses, including atter>•rey fees, incurred hrcrllecting such proceeds, then , <br />it tfine manner and in the order provided herein. <br />$. Prasservafior, arrd Maintenance of Trust Property. Truster will keep the buildings and other imprc vements now or hereafter erected an <br />the Trust Prc&rty in good repair and condition and will not commit er permit waste, will not afhirthe design or structural character <br />constituting a!y IJuiiding now or hereafter erected on and constitrdbig (he Trust Property without the prior written consent, of + <br />Beneficiary, wolf riot do any act or thing which would unduly impair or depreciate the value ct the trust Property and wrli not abandon _ <br />the Trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the same are immediately replaced with - <br />like property subject to the lien and security interest of this Deed of Trust and at at least equal value and utility. Trustor will comply with <br />all present and future ordinances, regu .stcns and requirements of any governmental body which are applicable to the Trust Property <br />and to the occupancy and use thereat. If this Deed of Trust is on a unit in a condominium or a. planned unit development, Trustor shall <br />perform all of Trustor's obligations under iJre declarations or covenants creating or governing the condominium or the planned unit <br />development, the bylaws and regulations of the condominium or planned unit development, and the'constituent documents. <br />g. Invpectfon. Beneficiary or iti; agents may, at all reasonable times, enter upon the Trust Property for the purpose of inspection. <br />Laneficiary shall have no dlty to make such inspect�arr and shall not be liable to Trustor or to any person in possession it it makes or <br />fails to make any such inspection. <br />10. Protection of Security. If Trustor fails to perfui-in any of the covenants and agreements contained in this Deed of Trust or it any action <br />nr proceeding is commenced which does ar may adversely affect file Trust Property or the irnurest of Trustor or Beneficiary therein or <br />roe title of Trustor thereto, then Beneficiary, at its cpvon, may perform such comtanan>r End agreements, make such appearances, <br />detind against and investigate such action or proceeding and take such other action as Beneficiary deems necessary to protect its. <br />aVerest including, but not limited to, disbursement of reasonable attorney fees and cram, Won the Trust Property to make repairs. Any <br />emounts disbursed by Beneficiary pursuant to this paragraph 10, with interest therecq, shrift constitute Indebtedness of Trustor <br />ss6u,ired by this Deed of Trust. Unless Thistor and. Beneficiary agree to other terms aDfPyment such amounts shall be payable upon „ <br />"flue from Beneficiary to Trustor requesting pay }Went thereof, and shall bear fnter?IV -10m the date of disbursement at the default We, + <br />if at9y, set forth in the Note, or otherwise at the hi,411( t lYate permitted by law. Nodifiig contained in this paragraph shall require <br />Beneficiary to incur any expense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to en,'er upon <br />the Trust Properly as Tiustor's agent and, in Trustor's name or otherwise to perform any and all covenants and agreements to be <br />performed by Trustor as herein provided. Beneficiary shall, at its option, be subrogatod to any encumbrance, lien, claim or demand <br />and to all rights and securities for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any such <br />subrogation rights shall be additional and cumulative security for this Deed of Trust. <br />11. Condemnation. The procsods of any award or claim for damages, direct or consequential, in connection it W) any condemnation or' <br />other taking of the Trust Property, or any part theraal, or for conveyance in lieu of o., in anticipation of condemnation, are hereby <br />assiaead to and shall be paid to Beneficiary. Trustor will file and prosecute, in good faith :Ind with due diligence, its claim for any such <br />awcg4 orpapyment, and will cause the•same to be coflected and paid to Beneficiary, and, shnidd it fail to do so, Trustor Irrevocably <br />auffaorizes and empowers Beneficiary, in the name of Trustor or otherwise, to AW, prosecute; •settle or compromise any such claim and <br />its collect receipt for and retain the proceeds. If the Trust Property is abandoned by Trustar, or, after notice by Beneficiary to Trustor <br />that the condemnor offers to make an award or settle a claim for damages, Trust > >r fails to respond to Beneficiary within thirty (30) days <br />after the dsto-such notice is mailed, Beneficiary is authorized to collect and apply the proceeds in the manner indicated herein. the <br />proceeds of any award or claim may, after deducting all reasonable costs and expenses, including attorney fees. which may have <br />been incurra�T by Beneficiary in the collection thereof, at the sole discretion of Beneficiary, be released to Trustor. Epp5+3d to <br />restoration of Trust Property, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree to 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 Refeased. Extension of the time for payment or modification of any amorhzaticn of the Indebtedness granted by Beneficiary) <br />to any successor in interest of Trustor shall not operate to release, in any manner. the liabi; -ty of Trustor and Trustor's successors in <br />interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or <br />otherwise modify amortization of the Indebtedness by reason of any tJemand made by Trustor and Trustur's Successor �T <br />in interest. <br />13 Financial Information. Upon request of Beneficiary. Trustor will provide to Beneficiary. within ninety (BO) days of the close of each fiscal <br />year of Trustor, the consolidated balance sheet and statemon! of earnings of Trustor and any and all guarantors of the indebtedress <br />secured hereby, if any, and will provide and deliver to Beneficiary such other financial Information and in such manner as genehc+ary <br />may reasonably request from time to tune <br />14 Financial Covenants In add tion to tin! other financial covenants of Trustor made in any other agreement. ,natturnent o- dccumer:t <br />Tru5lr;r shall comply with rind shall cause any and all quaravturs cf the IndiyWedness secured hereby to comWY W!th cr t e +n r <br />r: Jnipla"re With, the covenants, t lhi; p �ragraph shalt t ?Ut U��. :�r ,t rr,��,n�nt5 any fpQullemerrs art, nc! <br />';nn rime +n r <br />5. 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