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<br /> insurer i wemrivm;,, p! iunc' rtr~t_, amt,ti ,al' p.taewcNvgets +v-- ,t v®rltn*#d upon ore . ised, ~or node sgairW the Twat
<br /> 1+'ropt r:, ; i us1;x furls, s arty + r: , tlpMr rn t fti4yi. irrkrlwr.+ : by Hirra►Odary, to promptly fiver so Swwk try 0 recooft for ft peyr wN of
<br /> amh cr; rules. 7 ~Q, tnr l,+rta ri,~; ov v ~rw rt m Wii ^P taria. , mriev.,.r r and fir' all V" let 4d upon or ammwood, lr►hmodrnr made
<br /> egsirxst vrmaar, ;~ti,f!+i; tt+.r c ;~r,ri,~,;ITru9i:~~~i~'tar~:ctvdal~7ttfn~tN!
<br /> Aptat'i+::+cv,ri f ; e i ;4 pr:yrrmr, ith, recaio?d by,Nvt6*e:ry as to any debt TrabibYy or ookation owed kb teary by Truster
<br /> may b':r i ,p'i'.td 3;:; : aay to Rift payment of tho indailIgsdness. cur to any :arch other debt, N#bNiy or obilgatlon, In any order or
<br /> nhannr-r+;f apart f;iii +ad .i;h Benefitai.ta y, In its ahstrkute ills=cr~lia t, d appropriate. )/moats offmnvfse elexW by Seneftimy. any
<br /> sr±Gn pa,;'me t hurl to A'snied ap Wed first to O e }a;atm" rt , t e:,` any debt ffabMy or ob#gatipn other than the Note.
<br /> 6. °.;haryes; Liens. 7 easier will keep tl ao Tr:,Al Prq,)(Yty fart yc,;ns ab Bern; and encumbrances which in any way may, in the judgment of
<br /> Bensfrciarj, ,ha; e Petra .aver; r r imp rya the ;;r. frilly . ` is Deed W Trust but Trustor need not aftcharge arry such lien so" as
<br /> True for :,1-,x:,7 ag-ee, ,n :a;-.tirr 1, to pay ttxm rib an:"fan sec=t +r K by such den in a manner acceptable to Beneficiary and shall in good faint
<br /> cor)test such lie=n t:y aPA-g1na'e !c 51 proceedings ai,%Wn eve to prevv7t C1e enAycement of the Am and -Ihe loss of any interest in or
<br /> part of the Trust Prnpertr .
<br /> 7. Hazard In4urano3. T ruvcw shall kwa the bur%kAn,gs twd other improver nents now existing or hereafter erected on tiae Trust Property
<br /> insunnd by insurrmi-ice ~ iia'i,.imt:atisfactory tit Beneficiaryagafnsf kris by tire, hazards ;ncluded In the term "extended coverege" and
<br /> such other Ira zarls, r: ii waldes and contingencies as may be requirec by Berieffr4arv, in such amounts and for such periods as may be
<br /> regaled by Bcneficiziy. The policy aiinsurance shall be in form ecceptabie to Beni ic:iar7, provide that the sane may not be
<br /> canceVed cif rrod4ifxJ without fifteen (15) days prior written notice to 13eneftciary, and :that! have lass payable previsions in favor of and
<br /> in form acceptabltt eo Bereficiery. All premiu.►ns on insurance policies shalt be paid In the manner provided under paragraph 4 hereof
<br /> Pr, if mm t psid in :such.man-ner by Trustor making payment at least ffftelen (15) days prior to the due date, directly to the insurance
<br /> carrier. 1?e;rvfic:ixy shall have the right to hold the policies and renewals ffrereof and Trustor shall promptly furnish to Beneficiary alf
<br /> ivnet.val rmhcvt rind all paid premium receipts received by it. In no event shag Beneficiary or Trustee be held responsible for failure to
<br /> pay insurance premiums, or for any loss; or damage arising out of a de1Wct in any policy or arising out of any failure of ary insurance
<br /> company to pay "or any !c s,, or damage insured against or for failure by Trustor to effect the Insurance required hereunder. In the event
<br /> or loss, Trustor shall give prompt notice by mail to the insurance carrier and Beneficiary. Beneficiary may make pivot of loss If not
<br /> rnade promptly or in proper town by Trustor. Alt policies of insurance and any and all refunds of unearned pr, alums are hereby
<br /> .-.signed to Senenciary a r, additional security rcr the payment of the indebtedness. In the event of Beneffciary'r exercise of the power
<br /> o` kale contained herein, or in be event of tore closure, all right, Me and interest of Trustor in and to any;nsurence policy then in force
<br /> shall pass to Me purchn::er at the trustee's se.o foreclosure sale. In case of any loss, the insurance proceeda may, at the option of
<br /> Beneficiary. biro applied by Beneficiary upon eh indebtedness, or tint., part thereof, and in such order and amount as Beneficiary may
<br /> detemmina; or,caio insurance proceeds, at the c.,tk%n of Senefrcii-ry, may either be used in replacing or restoring the Trust Property
<br /> partially or totally destroyed to a condition swis"2wory to V,9ne!'iciarv. or said insurance proceeds, or any portion thereof, may be
<br /> released to Truslr-. Unless Beneficiary ant? Trw1or ot'terwr a mere.: in willing, any such application of insurance proceeds shall not
<br /> extend a, posts .'he due d=ate of twe Note, - any it Oinents called for therein, or change the amount of such ins':Aliments. If the
<br /> Trust Property :s quired by . rrneha, is:~; our e, ant to she exercise of the power of sale or other foreclosure, all right, KAe and interest of
<br /> Trustor ;n and tr any insurarp;,Dc.<,a is p~_;'able as a result of damage to the Trust Property prior to the sale of acquisition shall pass
<br /> to Benefrcia y a 7d shall be e!.:.plied lr: : to the costs and expenses, including attorney fees, incurred in collecting such proceeds, then
<br /> in the rnarwer rand in the orow, c+ otriclecr herein.
<br /> r3- Preserve!ion find lfairienancs of Trust Property. Trustor will keep the buildings and other improvements now or hereafter erected on
<br /> the Trust Property in gcoc rrpoi!, r rcf rendition and will not commit or permit waste, will not alter the design or structural character
<br /> constituting any tudding n:-v or hereafter erected on and constituting the )'rust Property without the prior written consent of
<br /> Benef;ciQrm, will not do r• y act or th ng which would unduly impair or deer! ciate rite value of the Trust Property and will not abandon
<br /> the Trust Froperty. Trust r will not remove any fixtures constituting the Trrst Prop.e y unless the same are immediately replaced with
<br /> like prope, ty subject to t v lien and sect,rty interest of this peed of Trust and of at least equal value and :utility. Trustor will comply with
<br /> all present and future ordinances, regulations and requirements of any governmental body which are applicable to the Trust Property
<br /> and to the Occupancy and r;sn thereof- If this !teed of Trust is on a unit in a condominium or s planned unit development, Trustor shall
<br /> perform a'i of Trustor's orfii, ,vrons under the declarations or covenants creating or governing the condomnnuun- or the planned unit
<br /> development, the byaws an,./ regulations of the condominium or planned unit development, and the constituoy7 documents.
<br /> 9. Inspertion- Beneficiary or its agents may, at all reasonable times, enter upon the Trust Property for fire ptrrFx, ;e of inspection.
<br /> Beneficiary shall he ve no duty to make suc.rr ins7s,^don and shall not be liable to Trustor or to any person i.n i,iossession if it makes or
<br /> falls to make any ;;such inspection.
<br /> 10. Protecdon of Security. if Trustor fails to perforr, i;miry 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 /> time title of Trustor'hereto, then Beneficiary, at its option, clay perform such ca,hvenants and agreements, make such appearances,
<br /> defend against and investigate such action or proceeding and take such other action as Beneficiary deems necessaryto protect its
<br /> nterest including, but rot limited ;o, dls:bwseent of reasLaablo a!forney fees and entry upon the Trust Property to make rep2irs. Any
<br /> amounts disbursed by Beneficiary pursuant to this paragrnWs 70, with interest thereon, shall constitute Indebtedness of Trustor
<br /> secured by ibis f3+ ed of Trust, winless T,n. stor an l l?enefic-i,.; y agree to other ;orms of payment, such amounts shall be payable upon
<br /> notice from Bern3fi-iary to Trustor requesting pa,;rmenr tht-rvcf, and shall bear interest from the dais of disbursement at the c+cfdutt rate,
<br /> it any, set forth in the Note, or otherwise at the highest rf,e pormi.7ed by law. Nothing conralled in tr, c Per••g.-ap, ;hen require
<br /> Beneficiaaryto incur any expense or take any actior. hereundw. Trustor irrevocably authorizes and emlurawers Beneficiary to enter upon
<br /> uhe Trust Property as Trustor's agent and, in Trustor's name or otherwise to perform any and all covencr nits and agreements to be
<br /> performed by Trustor as herein provided- Beneficiary shall, r+r its option, be subrogated 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 proceeds of any award or claim for darn; ~-Mes, direct or consequential, in connection with any condemnation or
<br /> other fakiro of the Trust Property, or any part thereof, or for conveyance In lieu of or in anticipation of condemnation, are hereby
<br /> assignee' to and shall be paid to Beneficiary. Trustor will file and prosecute, in good faith and with due diligence, its claim for ariv 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 /> au:hcrizes and empowers Beneficiary, in the name of Trustor or otherwise, to file, prosecute, settle or compromi a eny such claim and
<br /> to collect, receipt for and retain the proceeds, if tiro ° Trust Property is abandoned by Trustor, or, after notice by Beneficiary to Thistor
<br /> that the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within thirty day$
<br /> .1 rafter the date 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 incurred by Beneficiary in the collection !hereof, at the sale discretion of Beneficiary, be released to Trtustor, applied to
<br /> restoration of Trust Property, or applied to ill(, payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writin,
<br /> any such application of proceeds to Indebtedness shall not extend or postpone the due Gate of the Note or the payment of any g
<br /> instcllments called for thereunder.
<br /> 12. Trustor Not Released. Extension of the time for payment or moc:Yfication of any amortization of the Indettedness granted by Beneficiary
<br /> rn eny successor in interest of Trustor shall not operate to releass, in any maamner, the liability of huslor and Trustor's successors in
<br /> interest, Benv: iciary 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 demand made by Trustor and Trustor's successors
<br /> in interest.
<br /> F 13. Financial Information, Upon request Beneficiary, provide TrUstOr wig c
<br /> of Trustor, the consolidated ba ante sheet and state ent of earnings of fTrust
<br /> yea! or and any and 81199:.? antirs of the Indebtedness secu-ed hereby, if any, and will provide and deliver to Beneficiary such other financial information and in such, ,~:gnner as Beneficiary
<br /> may reasonably request from time to time,
<br /> 74. Financial Covenants. In addition to any other financial covenants of Trustor made in any other agreement, instrument or document,
<br /> Trustor shall comply with and shall cause any and all guarantors of the indebtedness secured hereby to comply wit'), or be in
<br /> compliance with, the following finencial covenants: (This paragraph shall not appN if r nvnnnr.r. j
<br /> forth herein.) _ .uv~,n,~rancs are not set
<br /> 15- Schedule of Leases, within ten (tot da:,, 7° n a'
<br /> yr Perna, ,7, r , rrrsror shall famish to Be reficiary a schedule, certified to by Trustor, setting Y'
<br /> forth alt !eases nl rhr Trost 1'•r~ C,:ry, or any portion thereof, lncfudinq in each case, rho name of thw tenants or occupants, a description
<br /> ^r the s -Ice o c+ uy such, tenent or o,:cupant, the rental paytri><ti !c- S 6l, spitce, and such other information anti documents witir
<br /> such tc ,,es and tenancteS as Ba'lefichary may r6asonably request.
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