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I <br />I <br />insurance premiums, ground rents. and all otlitlr chary,gs wrhptsoover levied upon or assessed. placed or made against the Trust <br />Property. Trustor further agrees, upon v ritten rgt ;est t q Quo!- lic ►ary, to promptly deliver to Beneficiary all receipts for the payment of <br />such charges Trustor likewise agrees to pay all tares. assessments and other charges levied upon or assessed, placed or made <br />against, or measurod by. this Deed of Trust or the ter. erclativrr, hereof <br />OD 5 Application of Payments. All payments received by 67orefic ility as to any debt, liability or obligation owed to Beneficiary by Trustor <br />CQ may be applied by Beneficiary to the payment of the htdottodness or to any such other debt. hability or obligation, in any order or <br />manner of application which Beneficiary, in its absohite disrrotion. deems appropriate. Unless otherwise elected by Beneficiary, any <br />such payment shag be deemed applied first to the payrrenf of any debt. liability or obligation other than the Note. <br />1� 6 Charges: Liens Trustor will keep the Trust Prnpert'j free fl m all liens and encumbrances which in any way may, in the judgment of <br />Benehciary, have priority over, or impair the secuntl of this Deed of Trust but Trustor need not discharge any such hen so long as <br />Trustor shall agree. in writing, to pay the obligation, securetl by such lien in a manner acceptable to Beneficiary and shall in good faith <br />%,'JO 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 Property. <br />7. Hazard insurance. Trustor shall keep the buildings and oMgf improvements now existing or hereafter erected 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 ,othe^ hazards. casualties and contingencies as real• to required by Beneficiary, in such amounts and for such periods as may be <br />required bu Beneficiary. The policy of insurance, shall be, in form acceptable to Beneficiary, provide that the same may not be <br />cancellad of modified without fifteen f 15) days prior wntItmi notice to Beneficiary. and shall have loss payanie pruvita is :5 ;r-k "-wo of and <br />in form ac7cco^ *aQa "e to Beneficiary. All premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof <br />or, if rtvcW.,d in such manner, by Trustor making paymern at least fifteen (15) days prior to the due date, directly to the insurance <br />carrier. Beneficiary shall have the right to hold the policiea and renewals thereof and Trustor shall promptly furnish to Beneficiary all <br />renewal notices and all paid premium receipts received It, y it. In no Avent shall Beneficiary or Trustee be held responsible for failure to <br />pay insurance premiums or for any loss or damage arising out of a detect in any policy or arising out of any failure of any insurwnce <br />company to pay for any loss or damage insured agar►isvor for failure by Trustor to effect the insurance required hereunder. In the event <br />of loss, Trustor shall give prompt notice by marl to the' insurance carrier a'rd Beneficiary. Beneficiary may make proof of loss it not <br />made promptly or in proper form by Trustor. All polices of insurance and any and all refunds of uneamed premiums are hereby <br />assigned to Beneficiary as additional secunl for (lie payment of the Indebtedness in the event of Beneficiary's exercise of the power <br />of sale contained herein, or m the event of for'aVOs4'lro, all right. title and interest of Truslrar in and to any insurance policy then in force <br />shall pass to the purchaser at they t-u stee's safe or koreclosure sale. In case -of any loss, the insurance proceeds may, at the option of . <br />Beneficiary. be applied by Beneficiary, upon ilia Oriebtedness. or any pa.+t :iereof, and in such order and amount as Beneficiary may <br />determine, or said insurance proceeds, at the oprtron of Beneficiary, maw eiifter 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 Tfustor otherwlser agree in writing, any such application of insurance proceeds shall not <br />extend or postpone ,he due date of the Notre.- or any instari�ments called far therein, or change the amount of such installments. if the <br />Trust Property is acquvetd by Beneficiary pufsu nt to the exercise of the power of sale or other foreclosure, all right, title and interest of <br />Trustor in and to any ir, surance proceeds pa ate V, 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 ces :s and expenses, including attorney fees, incurred in collecting such proceeds, then <br />in ilia manner and to the order provided herei -t <br />8. Preservation and Maintenance of Trust Prcpetty :Trustor will keep the buildings and ottrer improvements now or hereafter erected on <br />the Trust Property in good repair and condition and will not commit or permit waste, w►fr not alter the design or structural character <br />constituting any building now or hereafter ermed on and constituting the Trust Property without the prior written consent of <br />Beneficiary, will not do any act or thing wttrCh would unduly impair or depreciate the value of the Trust Properly and will not abandon <br />tim Tra-sr rroperry . Trustor vvill rmt rerinr v tiry fixiurtrs vunsiiiuiing lire Trust Property airless tlib saran ara ir`rimediately r -Opfa "iced withr <br />like praperry subject to the lien and secuntWinterest of this Deed of Trust and of at feast equal value and utility, Trustor will comply with <br />all present and hituro rodinances, reoulations and requiremen :s nt any governmental body which are applicable to the Trust Property <br />and to the occupancy and use thereof • lf, this Deed of Trust is on a unit in a condominium or a planned unit development. Trustor shall <br />perform all of Trustor 's obligation„ al•.den tree declarations or covenants creating or governing the condominium or the planned unit <br />development, the bylaws and rag4luhors 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 t +a rr,4iie such inspection and shag not be !table to Trustor or to any person in possession if it makes or <br />fails- ta, make any such ir"pectiurr. <br />10. Protection of Secunty. if Truster falls to perfarm any of the covenants and agreements containej u?. this Deed of Trust, or if any action <br />or proceeding is commenced' itch does or may adversely affect the Trust Property or the rntenist•.of Trustor or Beneficiary therein or <br />&e ufl9 o1 Trustor thereb %'them Benehciary, at its option. may perform such convenants and agreements. make such appearances, <br />disAind-against and investigate such action or proceeding and take such other action as Beneficiary deems necessary to protect its <br />iritemstincludrhg. but notrlltrnted 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.mterest thereon, shall constitute Indebtedness of Trustor <br />secured by this DeSd of Trust. Unless Trustor and Beneficiary agree in ether 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 />it any, set forth in :he Note, or otherwise at'trre 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 Trustor's argent and. in Trustor's name or otherwise to perform any and all covenants and agreements to be <br />performed by Trustor as hereiq provided. fleneflciary st?aj). at its option. be subrogated to any encumbrance. lien, claim or demand <br />and to all rights and securities for the paymern thereof paler or discharged by Beneficiary under the provisions hereof and any'such <br />subrogation rights shalt be additional and cumulative seem Ly for this. Geed of Trust. <br />P 1 Candemnation. They proceeds of any award or claim for di :. rages, direct or consequential, ►n connection with any. condemnation or <br />ether taking of the Trust Property, or any part thereof, or Fcv. conveyance in lieu of or in anticipation of condemnarron, are-.hereby <br />assigned to and shall be pad to Beneficiary. Trustor will file and prosecute, in good faith and with due diligence. 'us c�'a."m for any such <br />award or payment. and will cause the same to be collected and pa►af fa Beneficiary. and, should it fail to do so, Tiusror i rrevrscably <br />authorizes and empowers Beneficiary, in the name of Trustor or othe a'Se, 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, alter 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 m, afed. Beneficiary is authorized to collect and apply :he proceeds in the manner indicated herein. The <br />proceeds of any award or cfa►mi may, after deducting all reasonable costs and exile ^ses, including attorney fees, which may have <br />been incurred by Beneficiary in the collection thereof, at the sole msr_relon of Beirefrciary, be released to Trustor. app ►red• to <br />restoration of Trust Property. or applied to the payment of the Indebtedness. Ur•.la_ss Beneficiary and Trustor otherwise agree In writing, <br />any such application of proceeds to Indebtedness shall not extend or postpone rice due date of the Note or the aayt^ snt of any <br />tnstral'ments called for thereiillvcv?r <br />12 Tl vvirw Not Released Extei,Sll n of the time for payment or modification of any amor-'rafion of the Indebtednes`� lira ated by Beneficiary <br />to dily successor in interest of Trustor shall not operate to release, in ary rn nner, !!Ie %%ab,l :ty o' Trustor and Ttosrot s successors in <br />.-merest Beneficiary shall riot be required to commence proceedings against such yri*fuse to extend time for payment or <br />cmerwse modify amortization of the Indebtedness by reason of any demand mace Cr 7ras'Or a-d Trustor s sllc(. e ssors, <br />'Z_}j9r,1oJOSt ' <br />13 /rr - .gncial informattar Upon request of Benef iary, Trustor will provide to Beneficiary- fitthin ninety (90) days rf the c lose of edc:h h seal <br />sir'lu^ of Trustor the consolidated ba►anrit sheet and statement of earntrlgs of Trustor and an,,,, and all gadra3 ,11 trs of the Indebtedness <br />SPr cared h( feby if any, and wit' provide and deliver In He•nehriary such Other hnanCU►I informafieri and 7n stilch native., as l4Pnefrr oq. <br />mart reasondh'y request Ir(rrn Irm>r t'.) hrrip <br />rd l "five rant : In arid,liwi to an,( •,mpr from,:,:/ , n.•nt ,in•s of Ini 4w rnade in ;fin✓ ntt'r >r a,IteetnHnt .n ;butnprrt r,. ,•:,. ;r,y,t , <br />r•l; --i,"t •.h % {il , ( : nrr`y W'ly, rrn•t `.t')Jh , IUSn •lr'}t :Irlrl 911 (JtlArslniti•S r; i'h(t !n'rPt`.•('C /r7H :S :Pf :rtF'r• ­wrph✓ 'S' r - `•r,r••-y w,rn r 1•r> r,' <br />•a. ►, •B, n h 'fit, f.•�,Ir »Y "r:1 f r,>t •,I, • u: t'ry :Ir.'', , l h,'. 1,ri•-7rlr.11,t• "lijili r,... ,l {•1 -✓ .l ' '.'t "' , ..in -! 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