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<br />krstxanCe protnirims, grourtdrenh, and alloffWchow whatsoetrerlevied upon orassessed. placed ormade ai, l�t
<br />IPtoflary. Trustor fdrtha aMOS. upon writtsrt request by Bertsficiary. ro promptly deliver to BenelFclary aNteceipts for the payment of
<br />such charges: Tntator likewise agrees b pay aN taxes, assessmertta and other cl ranges levied upon or assessed, placed or`rnade
<br />agakA oririessorydby. this Deedof Taw orthe recordation hwW.
<br />5 AppNCaSon of Payments,. AN payments received by Beneficiary as to ahy debt, 'liability w obligation owed to Beneficiary by Trustor
<br />may be appWd by Benelkhuy ro the payment of the Indebtedness or to any such other debt, liability or obkgation, In any order or
<br />matmer of application which BewSolary, in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any
<br />such payment &W be desinad applied frnst to the payment of any debt; IlabiltlyoroWation omer Man the Note:
<br />6. V*rg . liens: Tnalbr w1N keep the Trust Property free from aN liens and encumbrances which In any way may, in the Judgment of
<br />Benefida y, have priority over, orimpairthe security of, this Deed of Trust but Trustor need not discharge any Such lien so long as
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<br />cot[esf auch den by alrpropriaie /egeT proceedings eftfectrve to prevent the enitlt arrmnt of the lien and the loss of any interest in o►
<br />part of Me TirutPnoperty.
<br />1: HOL-Nd ktssrrance.'mister shall keep the buildings and otirer kmovements now existing or t eelter erected on the Turst Property
<br />s kteuureed by Insurance carriers saWactory to Benefdary against Am by firs, hazards included in the tern "extended coverage" and
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<br />such odrhxmrfs, casualties andcantingandes as may be rsqulred by Beref ck y, in such amounts and for such periods as maybe
<br />! requrad by Benefcloy. The policy of insurance shall be in !form acceptable to Beneficiary, provide that the same 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 kin acceptable to Benali dary. All premiums on insurance policies shag be paid In the manner provided under paragraph 4 hereof
<br />or, Nnot paid in such manner, by Tnrstormaking paymentatleast fifteen (15) days prkrto the due, date, directly to fire Insurance
<br />eanier. Beneficiary shah have the right to hold the policies and renewals thereofand Trustor shall prompf fy furnish to Beneficlary ag
<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 />payinsurime premiums orfor any low or damage arising out of defect In any policy or arising out of any failure of any insurance
<br />company to pay for any Ames or damage Insured against or for failure by Trustor to effect the insurance required hereunder. In the event
<br />of bas, Truslorshalf give prompt notice by mall to the Insurance carrier and Beneficiary. Beneficiary may make proof of loss N not
<br />made prompffy 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 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 trustees sate 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. o 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 replacing or restating the Trust Properly
<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 bf irisbrance 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 />I 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 />- - - - •- Tnrsmr b and-to anylnsurence proceeds payable as a result of damage to the Trust Propw4, prior to the sale=or acquisition shalt pus-
<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 improvements now or hereafter erected on
<br />Me 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 Properly 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 />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 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, p this Deed of Trust is on a unit In a condominium or a planned unit development, Trustor shall
<br />f 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 all reasonable times, enter upon the Trust Property for the purpose of inspection.
<br />Beneficiary shall have no duty to make such inspection and shall not 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 falls to perform any of the covenants and agreements contained in this Deed of Trust, or it any action
<br />of 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 Trost. 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 Property as Truster'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 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,securi y for this Deed of Trust.
<br />11. Condemnation. The proceeds of any award or claim for damages, direct orconsequential, in cbnnectlon with any cbnderitnation of -
<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 130) days
<br />after the dale 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, irctuding attorney foes, which may have
<br />been incurred by Beneficiary in the collection thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to
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<br />restoratien of Trust Property, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writing,
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<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 or modification of any amortization of the Indebtedness granted by Beneficiary
<br />_ ... to any successor in interest of Trwdrr_thrdl m4 operate fn release in any rriarrrer, itite AdLi ey of Truslur anti Tr", us, S' t:tr V ;arrr;; 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 demand made by Trustor and Truster's successow s
<br />in Interest.
<br />13. Financial Information. Upon request of Beneficiary, Trustor will to Beneficiary, days fiscal
<br />provide within ninety (90) of the closo of each .
<br />year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the Indebtedness
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<br />secured hereby, it any, and will provide and deliver to Beneficiary such other financial information and it? such nianner as Beneficiary
<br />may reasonably request from time to time.
<br />_ 14. Financial Ccivenants. to addition to any other financial covenants of'Trustor mado in 14hy other ayreement• insfrtrrnynf or dOCUn7C-11t,
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<br />Trusterslralf comply with and shall cause any and 611 guarantors of the indebfedness ;.ecute.4 heroby to comply with, or be +n
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<br />compliance with, the following financial covenants: (This paragraph shall nor apply it caret;w7ts and rerlu+pen+ents are not set
<br />forth herei r )
<br />: 'Schedule of teasC5 WithO ton ll©i days Fitttir (feJn irid, xruSbjr Shall fUrn +Sh fC t3enefir +any 1r ,chi clrrte, c'ert +lrr d to fry l,u'•tnr tt+nrl
<br />forth all leases of the Trust Property. or any partron thercol. rnclud +np in each c list. Pre nartrE• t:r the terr;rrrt' u, r +, et,h.u+rs <� +tr +.� r,ir:,•,
<br />of the space occupied by such tenant of occ-uparit, _ ,Pack, • amt such whet •r +lr: ••i.,rr•„n ,rrty {lr: ;'t+trrt of .•,, +•+
<br />rospecl to such lonseS and fonancios as ffenol craty may reasnt,ahly foquns!
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