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t IL05010
<br />insurance prern nn ground rents, and aft other charges whatsoever leviBaTupon or assessed, placed or made against the Trust
<br />V1ropWW 'Trustor furUteragrees, upon wrllten request by Beneficiary, to prompty deliver to Beneficiary all receipts for the payment of
<br />such charges. Trustor Akewiso agrees to pay all taxes, assessments and other charges levied upSn or assessed, placed or made
<br />against or measured by, this Deed of Tnrst or the recordation hereof.
<br />5, Application of Payments All payments received by Beneficiary as to any debt, liability or obligation owed to Beneficiary by Trustor
<br />may be applied by Beneficiary to the payment olthe Indebtedness or to any such other debt liability or obligation, in any order or
<br />manner of eppGcation which Beneficiary; in Its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any
<br />-7 such payment shall be deemed applied first to the payment o /any debt, liability, or Obligation other then the Note
<br />6. Charges; Uens. Trustor wiR, keep the 'trust Property free from all liens and encumbrances whiehin anyway may, in the judgment of. .
<br />Ber>Ffir fart', have pr/orrty over, or impair the secud r of; this geed of trust but Trustorneed not discharge any such lien so ton e
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<br />contest such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any interest in or
<br />part of the Trust Proper
<br />7. Hazard lnsarance. Trustor shell keep the buildings and other improvements now existing or hereafter eroded on the Trust Property,
<br />Insured by insurance carriers satisfactory to Beneficiary against loss by fire, hazards included in the term "extended coverage" and '
<br />such other hazara% casualties aril contingencies as may be required by Benefrciar% in such amounts and for such periods as may be
<br />required by Beneficiary. The policy of insurance shaft be in form acceptable to Beneficiary, provide that the same may not be .
<br />cancelled or modVfied without fifteen (15) days prior written notice to Beneficiary, and shall have loss payable provisions in favor of and
<br />in form acbeptable to Beneficiary_ All premiums on insurance policies cha/l be paid in the manner provided under paragraph 4 hereof
<br />or, if not paid in such wanner, by Truster making payment at least fifteen (15) days prior to the due date, directly to the insurance
<br />carrier. Beneficiaryshall have the right to hold the policies and renewals thereof and Trustor shall promptly furnish to Beneficiary all
<br />renewal nWces and all paid premium receipts received by k In no event shall Benefici� or Trustee be held responsible for failure to_
<br />pay Insurance premiums or for any toss or damage arising nut of a defectin any policy or arising out of any failure of any insurance
<br />company to pay for any loss 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 proot of loss if not
<br />made promptly or in proper form by Trustor. All policies of insurance and any and hit 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 in the event of foreclosure, all right title and interest of Trustor in and to any insurance policy then In force
<br />shall pass to the purchaser at the trustee's sale or foreclosure sale. In case of any loss, 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 a4 Beneficiary may
<br />determine; or said insurance proceeds, at the option of Beneficiary, may either be used in replacing or restoring the Trust Property
<br />partially or totally destroyed to a condition satisfactory to Beneficiary,• or said Insurance proceeds, or any portion thereof, may be
<br />released to Trustor: Unless Beneficiary and Trustor otherwise agree in writing, any such application of insurance proceeds shall not
<br />extend or Postpone the due date of the Note, or any installments called for therein, or change the amount of such installments. If the
<br />Trust Properly 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 Properly prior 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 />B. Preservation and Maintenance of Trust Properly. Trustor will keep the buildings and other improvements now or hereafter erected on
<br />the Trust Property in good repair and condition and will not commit or permit waste, 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 consent of
<br />Beneficiary, will not do any act or thing which would unduly impair or depreciate the value of the Trust Property and will not abandon
<br />Me 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 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 use thereof. 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 the 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 />9. inspection. Beneficiary or its agents may, at alf reasonable times, enter upon the Trust Properly for the purpose of inspection.
<br />Beneficiary shall have no duly to make such Inspection and shall not be liable to Trustor or to any person in possession it it makes or
<br />falls 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 the Trust Property to make repairs. Any
<br />amounts disbursed by Beneficiary pursuant to this paragraph 10, 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 from 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 the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require
<br />Beneficiary to incur any expense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon
<br />the trust Properly as Trustor'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 shalt, at 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 damages. direct of consequential; in connection with any condemnation or
<br />other taking of the Trust Property, or any part thereof, or for conveyance in lieu of or in anticipation of condemnation, are hereby
<br />assigned to and shall be paid to Beneficiary. Trustor will file 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 empowers Beneficiary, in the name of Trustor or otherwise, to file, prosecute, settle or compromise any such claim and
<br />to collect, receipt for and retain the proceeds. If the Trust Property is abandoned by Trustor, or, after notice by Beneficiary to Trustor
<br />that the condemnor offers to make an award or settle a claim for damages. Trustor fails to respond to Beneficiary within thirty (30) days
<br />after 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 thereof, at the solo discretion of Beneficiary. be released to Trustor, applied to
<br />restoration of Trust Properly, or applied to the payment of the indebtedness. Unless Beneficiary anti Trustor otherwise agree in writing,
<br />any such application of proceeds to Indebtedness shall not extend or posfpone 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 or modification of any amortization of the indebtedness grantod by BeneGcrary
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<br />to release; in any manner. the liability of Tfustot niid Tru+rr,r'> in '
<br />interest Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment. or Jr
<br />otherwise modify amortization of the Indebtedness by reason of any demand made by Trustor and Truster's successors
<br />In interest. il
<br />13. Financial information, Upon request of Beneficiary, Trustor will provide to Beneficiary, within runty (901 days ol'lhe closer of each fiscal
<br />year of Trustor. the consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the Indebtedness
<br />secured hereby, N any, and will provide and deliver to Beneficiary such other financial information and in such manner as Beneficiary
<br />may reasonably request from time to time.N
<br />14. Financial Covenants. /a addition to any other financial covenants of Trustot made in any other agreement instrument er rincrurienl.
<br />Trustor shall comply with and shall cause any anti aft guarantors of the Indebtedness secured hereby to comply with, or be in
<br />Compliance with, the following financial covenants: (This paragraph shall not apply it covcrfrants and requirements are trot set
<br />forth hereirf)•
<br />15. Schedule of !oases. Within ten (10) days after demand, TruslDt shall furtush to Lierreficrary a schedule. cl,ftill (i tc py lector, StIrlrrq
<br />/orlh 'ailleases of the Trust Property. or any purtrvrr thereof, including ur each rasa, the name of rho lei,ants or crr•cufrc+nts a deu•nlrtrein
<br />O! the space occopied hyt such r&i-iirnt or occupant, the rental payable fat such . sp<ace, and i.uch uttlet ullot+uahorr <wrf (ini'tiuntalt. with
<br />respect to such leases and tenancies as Beneficiary pray rcruseirabfy request
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