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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? 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