I
<br />Insurance pietwums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against the Trust
<br />Properly Trustor further agrees, upon written request by Beneficiary, to promptly deliver to Beneficiary all receipts for the payment of
<br />such charges Trustor tthowrso agrees to pay all taxes. assessments and other charges levied upon or assessed, placed or made
<br />!�
<br />against. or m rasured hy. this Deed of Trust or the recordatron heroof
<br />5
<br />Application art Payments. All payments received by Beneficiary as to any debt. hab►Gly or obligation owed to Beneficiary by Trustor
<br />CQ
<br />may be applied by Beneficiary to the payment of the Indebtedness or to any such other debt, liability or obligation, in any order or
<br />manner of application which Beneficiary, in its absolute discretion• deems appropriate Unless otherwise elected by Beneficiary, any
<br />Q
<br />such payment shag be deemed applied first to the payment of any debt, liability or obligation other than the Note.
<br />Trustor
<br />6
<br />Charges; liens will keep the Trust Property free from all liens and encumbrances which in any way may, in the judgment of
<br />Beneficiary, have priority over, or impair the security of. this Deed of Trust but Trustar need not discharge any such lion so long as
<br />1
<br />Trustor shall agree. in writing, to pay the obligation secured by such lien in a manner acceptable to Beneficiary and shall in good faith
<br />contest such ken by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any interest in or
<br />00
<br />part of the Trust Property.
<br />7
<br />Hazard insurance. Trustor shall keep the buildings and other 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 other hazards, casualties and contingencies as may be required by Beneficiary, in such amounts and for such periods as may be
<br />required by Beneficiary. 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 form acceptable to Beneficiary. All premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof
<br />or, if not paid in such manner. by Trustor making payment at least fifteen (15) days prior to the due date, directly to the insurance
<br />carrier. Beneficiary shah have the right to hold the policies and renewals thereof and Trustor shall promptly furnish to Beneficiary all
<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 />pay insurance premiums or for any loss or damage ansing out of a defect in any p0cy or ansing, colt; of any failure of any insurance
<br />company to pay for any loss or damage Insured against or for failure by Trustor k*� 0ect the insurance required hereunder. In the event
<br />of loss, Trustor shall give prompt notice by mall to the insurance carrier and Bewlfcrary. Beneficiary may make proof of loss if not
<br />made promptly or in proper form by Trustor. All policies of insurance and any and.-,74 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• cis iii 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' Ire case of any loss, the insurance proceeds may, at tyre option of
<br />Beneficiary, be applied by OwTefic►ary upon the indebtedness• or erry 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 restoring the Trust Property
<br />partially or totally destroyed to a condition satisfactory to Beneficiary: ; r said Insurance proceeds, or any portion thereof, may be
<br />released to Trustor. Unless Beneficiary and Trustor otherwise agree• tit 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 die amount of such installments. If the
<br />Trust Property is acquired by Beneficiary pursuant to the exercise 0IJ?e power of sal# or o0wo lor'eclasure, all right, title and interest of
<br />TruVor In and to any ►nsurancei proceeds payable as a result of damage to the Trust Frepertlr lrhv to the sale or acquisition shall pass
<br />to Lie reficiery and shall be epp� ced first to the costs and expenses, including attorney) fees, incurred in collecting such proceeds, then
<br />ur if,'ie mariner and in the order provided herein.
<br />8.
<br />Preservation and Maintenance & T•r;st Rmpe'rty. Trustor will keep the buildings and other impmeements now or hereafter erected on
<br />ire, Trust Property in good miler ana e^uYgdrtl+w r and will not commit or permit waste, will not alter the design of structural character
<br />ccesWuhng any building now or f erieaiter erected on aml constituting the Trust Property without the pnor wdtteln consent of
<br />Beneficiary, will not do any &i-or thing which would unduly impair or depreciate the value of the Trust Fioperty and will not abandon
<br />_
<br />, :
<br />the trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the same are Immediately replaced with
<br />'"
<br />nice pruperiy subject io the lien and security interest of this veep or trust ana of at least equal value and utility. Trustor will comply with
<br />= --
<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 Tirush is on a unit in a condominium or a planned unit development, Trustor shall
<br />perform all of Trustor's obrtgavons under the declara, ©ens or covenants creating or guverning the condominium or the planned unit
<br />development the bylaws and regulations of the condorrar rum or planned unit deveopment, and the constituent documents.
<br />9.
<br />Inspection. Beneficiary or its agents may, at all reasona/7ie times• enter upon the Trust Properlyy for the purpose of inspection.
<br />_
<br />t as
<br />Beneficiary shall have no duty to make such inspection and shall nat be liable to Trustor or to any person in possession if it makes or
<br />fails to make any such inspection.
<br />10.
<br />Protechon of Security. If TrustvT falls to perform any of Me 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 Trustar or Beneficiary therein or
<br />the title of Trustor thereto, then Beneficiary, at its option, may pertorm 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 amimey 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 />.
<br />secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment• such amounts shall be payable upon
<br />notl:� from Beneficiary to Trustor requesting payment thereof, and shall bear ►rrernr from the date of disbursement at the default rate,
<br />if any, set forth in the Note. or atherw►se at the highest rate permitted by law. Not°nhg contaired /n: this paragraph shall require
<br />Beneficiary to incur any expers•e or take any action heretoider. Trustor irrevocably authorizes and empowers Beneficiary to enter upon
<br />the Trust Property as Trustor's agent and. in Trustor's name or othecdavzse to perform any and as covenants and agreements to be
<br />performed by Trustor as herein provided. Beneficiary shall, at its OpC an, be subfoga[ed to any encumbrance. Gen, claim or demand
<br />and to all rights and securry s•'or the payment thereof paid or discr/arged by Son, Oclary under the provisions hereof and any such
<br />subrogation rights shall be additional and cumulative security for rr,s•.Deed of Trust.
<br />T t.
<br />Condemnation Me proceeds of any award or claim for damages,•d direct or consequential, in connection with any condemnation
<br />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 samo to be collected and paid to Beneficiary, and• should it fall to do so, Trustor irrevocably
<br />authorizes and empowers Beneficiary. in me name of Trustor or otherwise. to tile, 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 nonce by Beneficiary to Trustor
<br />that the condemnor offers to make an award or settle a claim for damages. Trustor falls to respond to Beneficiary within thirty (30) days
<br />alter the date such nonce 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 sine discretion of Beneficiary• be released to Trustor, applied to
<br />restoration at Trust Property, or applied to the payment of this indebtedness Unless Beneficiary and Trustor otherwise agree in writing,
<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
<br />Trustor Nor Released Extension of the time for payment or modification of any w,,,orrrzatron of the Indebtedness granted by Beneficiary
<br />to any successor in interest of Trustor shall not operate to release. in ary..rnr3re ?13r.•rtie liability of Trustor and Trustor's successors in
<br />interest Beneficiary shall not be required to commencr: proceedings against such successor or refuse to extend time for payment or
<br />otherwise modify amort:zabon of the indebtedness by (' ason of any demand made by Truster ,Ind Trustar s successors
<br />t3
<br />>n Interest
<br />financial Information Upon request Beneficiary Trustor
<br />of will provide to Beneficiary within nfnnty 1901 days of the close of each f,sral
<br />J's
<br />Year Of Trustor• the consoltdated balanco shoot and statement of earnings of Trustor and any and all guarantors of rho Indebtedness
<br />secured hereby. if ©ny %intt will prnvldo ind doh ver to Benotroary such Other financial information and in such manner as Pent, nary
<br />may reasonably request ftrJnr time try hate
<br />Pea
<br />14
<br />F#n8t'L rill Cf)vcr!iiril ; In addition to tiny !diet frH.7n(: +ill r r,,enarlm of rrostor made ,n any ohher tup(lorr'ent ;m ;trwirent or incurront
<br />Ffa 0if <.hall
<br />a•�
<br />r,nmply with and +,null r auso ilr y ,i,,r1 af, q. ,I fkr? Inrff,b?v,1r(N,.S ca; ,/red t,.owpk .'r r rrip A. fill, • t?r,, it
<br />f.
<br />{ Irrr•fr'•ahl,r. W+Nt Ntk• Ir ?i'nyyrnrl frntlr7d•,iir f frVQn,inl, I Ifu; p,migr. t(.h ,.t:.III r,t•' .rf'n`r if, r „rr- n. III 's rin+l ••+•f..,,••rr•t'r • h. , {•r' r,r•t tie)
<br />)..Olt r "r•'r.r, ,
<br />. 1
<br />• rn ` , n f f r!.f ,N'. IrJah r, rill, r tr,. ,f "i s :,fltl• frrmwf t r, f. 1., ••• : 1,
<br />I.
<br />,r,•
<br />r r•, ., •.f .p •, ,.l r,,P t r ,•.i i'r, (e,r•� r.! .{+rr i, deep, tr'H,r••,l r ..'f , r., ' , , . {•,. .• {• r, q .. , .l `.r ...
<br />r ll, I, •.i •ii' 1, :f, !• r r,, ( ,, I. /i " {r.l f.l /f err,• Irlr_ •I.1 ,,.1 '(r.i,. /ir r ' 1 . , . , .. ,
<br />, .,
<br />- r' ° "f'a' r r t. • t ".t 1' 'r ,. ...• ib v.{.t.. .r,v �' I• .. J , •r• f ,' - .t
<br />.�
<br />
|