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. iflfifanCe phafll�uarLS, rents acrd of otlter IY11YLtGeirdrle��d �iOff or aS1R13� p18Ced �f r�flld�!'$g�i�Sl lM Tnie! _._ —_ -�
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<br />suchpUrm ThAlorlittemse agrees to pay.alr tames; assessmern and other charges levied upon or assessed, placed or made
<br />agarrm ctmosamod'by. M Duch of Trust or ft reeordow hereof. ;
<br />S gppficaboin of Payrrw te: AN payments rece[ved by Beneficiary as to any debt llabiily or obIgawn oared to Beneficiary by Trustor
<br />nW be appked by f3enelic�iiry tut the paynrartof the /ndirbtedinass or b any such other debt; bab ft orobfigatton, to any order or
<br />nmrvisrof appifc im, V heir 8enitfrCiary. irr r7s aura ttlFrle discretion, deems Appropriate: Urrlms efsctroFby 8ertefraarf ,any
<br />suchpaipwnts hO be dw, appl*d first tb the papaw* i any dam, ksbffily or obkgaaort ~ titan the Note.
<br />QWVW dens Truster wig kWp the Trost Pro f"hes ftm ar dens and eneu nbranees which many way may, ltr d*Judgnw t of
<br />Dltleftery, Inv a prlt>tfty owl, orlrnpat the security of, ahrs Dead of That but Trustor need not discharge any such kerr solar as
<br />Thmocraherag w, to worms topay theofteffion secured by such Martin a marwwaccephbfe b SwxW defy andsitarin goodihO
<br />. • • oorr�ui�byewwpro, �atr< r. Qafp��cesetRe��et�prewr: tmeentarc«, tecoetrrernandtrtewssefartstinee�t�ter �
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<br />pert of the' Truett Ptogeaiy.
<br />T.,fieaerdkmmxm thMarsha[ kwp the bratdirigsandolhori mprovemeMs now exfsbngorherseftr erected onthe Trust Property
<br />r su ed by swrance carriers saesfactary tra 6 noftWy asst loss by fine, hwartt included in the term "extended coverage" and
<br />such offAlr haw&, casWbeS and GOnlilhgencies as may be required by 8&xW Cwy, in such amounts and for Such periods as may be
<br />required by ftm#dwy.'The poky of Insurance shad be Art Obarr acceptable flat Beneft4y, provide that the carne may not be
<br />Can~ or n'tod►ikd without fifteen (15) days prior wn t n notice to Banef ciAry. and shat have loss payable pmuftians in favor Of and
<br />int foes acceptable to Benefkiary. AN premiums on insurance pok`cies shaft be paid fn the manner provided unddr paragraph 4 hereof
<br />or, if not paid b such manner, byThistb rInakkrg payment at least ffeen (15) days prior to the due date, dfrectfy lb the insurance
<br />caviar: BenefFcraryshar frame the right to hold the policies and renewals thereofand Trustor shall prompty to NM to, 8emficiaiy alt
<br />Ad'
<br />OWN melees and allpafd preirmat receipts received by it In no eventshalt Beneficiary or Trustee`ba f iesponsibfe falfaifure to
<br />' pay innuronee prantrfians or for any loss or damage arising out of a defect in any pokey or arising out of any failure of any insurance
<br />canary to pay for any loss or damage insured against or for failure by Trustru to ell ect ft insurance required hereurder. In the event
<br />oflws; Trustor shat ghre prompt notice by mail to the insurance canter and Beneficiary. Beneficiary may make proof of loss if not
<br />made promptly or in proper hxm by Trustor. Alf poacies of insurance and airy and all refunds of unearned premiums are hereby
<br />' assigned m Beneflary as adt%ional security for the payment of ttte Indebtedness. !n the event of Beneficiary's exercise of the powef
<br />of sale contained herein, or in the event of foreclosure, all right. title and interest of Trustor in and to arty insurance policy then in force
<br />shat pass to the purchaser at the trustee's sale or foreclosure safe. In case of any loss, the insurance proceeds may, at the option of
<br />Beneftdary, be spoked by Beneficiary upon the Indebtedness, or any part thereat and in such order and amount as Beneficiary may
<br />datemifne, or said insurance proceeds, at the option of Beneficiary, may either be used in replacing or restoring the Trust Properly
<br />P&WAjf or rotary destroyed to a condition satisfactory to Beneficiary, or sold insurance proceeds or any potion thereof, may be
<br />released to Trustlor. Unless Beneficiary and Trustor otherwise agree in writing, any such application of insurance proceeds shall not
<br />- exierwf orpostpone foie dull -data of ft Note, or any hisialirrreniz cal a for fhareh urchartge the amountotsuch h7Staiimer►ts. tf the
<br />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 />7nistorin and to any insurance proceeds payable as a result of damage to the Trust Property prior to the sale or acquisition shaff pass
<br />to Bermfth ry and shaft 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 Propetty. Trustor wilt keep the buildings and other improvements now or hereafter erected on
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<br />tfte Trust Property in good repair and condition and will not commit or permit waste, will not after 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
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<br />Me Trust Properly. 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 compty 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
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<br />perform all of Trustoes obligations under the declarations or covenants creating or goveming 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. Berreffclary or its agents may, at all reasonable times, enter upon tie 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 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 it 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 We 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,
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<br />if any, set forth in the Note, or otherwise at the highest rate permitted bylaw. 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 Trustors agent and, in Trustors name or otherwise to perform any and all covenants and agreements to lie
<br />performed by Trustor as herein provided. Beneficiary shall, at its option, be subrogated to any encumbrance, lien, claim or demand
<br />and to al /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, director consequential, in connection with any condemnation or '
<br />Other taking of the Trust Property, or any part thereol, or for Conveyance in lieu of or in anticipation of condemnation, are hereby
<br />assigned th 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. aid, 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 (34) 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 Soto discretion of Beneficiary. be released to Trustor, applied to I
<br />restoration of Trust Property, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writing.
<br />any such application of Qra Beds to Indebtedness shall not extend or potpone the due date of the Nntp nr rhw tzaywen: r4:.icy
<br />installments calfed 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 Trustor shall not operate to release, in any manner, the liability of Trustor and Trustorss 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 demand made by Trustor and Trustat's successors
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<br />in interest
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<br />13. Financial Intomhation. upon iequest of Beneficiary. Trustor will provide to'Benefr^iary. Nw►thtrr ninety (go) days of the close of each fiscal
<br />Year of PuStor, the consolidated balance shef and statement of earnings of Trustor and ant and all guarantors of the indebtedness
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<br />secured hereby, it any, and will prmnde and deliver to Beneficiary suCh other financial ►nfdrf*iataft aria in such manner as Beneficiary
<br />may reasonably request from time to time.
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<br />14. Financial Cdvenanfs. In addition to any other financial covenants of Trustor made in any other agreement in;lrument or documert.
<br />" Trustor shall comply'with and shall cause any and iii gcarahtdrs of the rndebredriess secure f hereby ro cOr1p'y with. or Era in
<br />compliance wish, the following financial covenants. (This paragraph shall not arvpiy if co;ienant_ and requirements are not set
<br />forth herein.)
<br />15. Schedule of Leases- Within ten (10f days after dentaird. Truster Shalt fumrsh ft-) &7neliciat a 5eriedula. cettftud 'cr b/ tr:r..t r se!rnq
<br />p riy any thereof, including in ea h rase. G%re rraTtr* ,t ► ...,,. * ,
<br />fodh air leases Of MO Trust pro e . for an r c r e .�. arr.s c;, t; : c uF -ants _h de; ^n. _
<br />of th9 space occupied by such tenant or occupant- the rental payable for such space and Sucth ntner rnf,7rr^ ►' ?<< _r :U �� .�,,.:..,,- ,L •r
<br />respect to Stich leases andYenarreres. as Beneficiary may reasonably request
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