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x, <br />Insurance , ground rants, and all other charges whatsoever► levied u 9� <br />05349 <br />pan or essesaed, placed or made against the Trust <br />Property. tmstor fungi agrees, upon writtm request by Beneficiary, to promptly dekvor to Beneficiary all receipts for the payment of <br />such chateau. Trustor likewise egress to pay aU taxes, assessment& and other charges levied upon or ""and. placed or made <br />against, o+mauwrd by. INs Deed of Trust or the recordation tweet. <br />a AppNcation of Payments. All payments received by Benefthuy as to any debt, Mabllity or obligation owed to Beneficiary by Truster <br />may be appNed by Beneficiary M the payment of the Indebtedness or to any such other debt, fiablky or obfigatkan, in any order or <br />manner of appication which Beneficiary, In Its aWWO discretion, daWM IPWOPdate. Unless otherwise elected by Bawtkiary. any <br />such payment shelf be deemed appled Nat to the payment of any debt, NabOy or obligation other than the Note. <br />6. Charges, dorm, Truster will keep the That Property Area Iran all liam and encumbrances which in any way Wray, in the judgment of <br />BeneftlAry, have priority ow. or impair Vita svoudty ot, this Deed of Trust but Trusts need not discharge any such Nan so long as <br />Th aW shall ague. M writing, to pay the oftation secured by such Nan in a manner acceptable to Beneficiary and shall in good faith <br />canniest such Iles► by opprapdate legal prw"Ags effective to prevent tine enforcement of the Men and the A= of any Interew in or <br />part of IoM Trust Psoporty. <br />7. Hazard Insurance. Thistor shall keep the bugdings and other improvements now existing or hereafter erected on the Trust Property <br />lnswad by Insurance carriers saWactory to Benmiciary against loss by fire, hazards Included in Abe tram, "extended coverages" and <br />i such other hazards, casualties and contingericles as may be required by Beneficiary, in such arnounts and for such periods as may be <br />required by BeneNclwy. The poky of iasurarxv shall be in Aornn acceptable to Beneficiary, provide that tfnv same may not be <br />canc&W or modified wiMaut filtoon (15) days prior written notice to Beneficiary, and shag ham less payable provisions in favor of and <br />in bum acceptable to Benefc4t. All preWwm on insurance policies shall be paid in fire manner plv~ under pwagrVb 4 hareot <br />or, if not gold in such manner. by Trustier making payment at least fifteen (15) days prior to the due date. directly to the insurance <br />carrier. Beneficiary shall have the right to hold the pokivs and wwwals thereod and Truster shah promptly furnish to BaneNcierrx all <br />wrwwal notices and art poidpratird t► receipts received by At In no event shall Benarm4w or Trustee be had responsible ibr i arr,.m to <br />PRY /naurauoce pllemiunrs or ibr airy loss or damage arising out of a dNfect in any policy or arising out of any laihrre of any inswaru`i- <br />company N pay for any loss or damage insured against or tot failure by 71rustor to oNect the insurance required he minder. In the event <br />of loss, Yrustor shall give pron{ot w0co by mail to the insuva TT ,sr carder aV Senefciary. Beneficiary may make p -W of loss it not <br />made promptly or in proper form by Truster. All policies of insurance anti, a y and all refunds of unearned premiums are hereby <br />aselgned to Beneficiary as additional security kw the payment of the Indebb edness. In Me event of Somh iary's exercise of tine power <br />of sale contained heroin, or in Me event of foreclosure, all right, Lille and interest of Trustor in and to any Insurance policy then in force <br />alndl pass to the purchaser at the fruste9's sale or foreclosure safe. In case of any loss. die insurance proceeds may, at the option of <br />BonsfiCfary, be applied by Borw ficjary upon the Indebtedness, or any part thereof, ar'w m such order and amount as Beneficiary may <br />determine; or said Insurance proceeds, at ilea option of Beneficiary, may either be usau .n replacing or restoring the Trust Property <br />partlaNy or totally destroyed to a condition satis factory to Beneficiary., or said insurance proceeds, or any portion thereof, may be <br />released to Trusfor. Unless Beneficlary and Truster otherwise agree in writing, any such application of insurance proceeds shag not <br />extend or postpone the due dote of the Meta, or any installments called for therein, or change the amount of such rnstallmosift N the <br />Trust r -QW1y is ac * kid by 8W*kIeity pwaum7l to A* osur.ise of tie power of isle w other foredosure. w► #V*.:itie and (nierost of <br />Trusm in and to any insurance proceeds payable as a reswe o` damage to the Trust Pp000rty prior to Me sale or ir wusition shall pass <br />V. to fJerrvficlary and shall be applied first to the costs and expenses, Including attomev kas, incurred in collecting such proceeds. Men <br />in the manner and in the order provided Irerari <br />8. Preservation and Maintenance of Trust Property. Truster will keep the buildings and oche► unprovements now or hereafter erected on <br />Me 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 mthout the prior written consent of <br />Beneficiary, will not do any act or tiring 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 lion and security Interest of this Deed of Trust and of at least equal value and ubply. Trustor will comply with <br />1 all present and future ordinances, regulation and requirements of any governmental body which are applicable to the Trust Property <br />and to th n occupancy and use thereof. N this geed of Trust is on a unit in a condominium or a planned unit development. Trustor shall <br />po*m# a# of Truator's obllgahons under the declarations or cownents creating or governing the condominium or the planned urnit <br />development, the bylaws and regulations of the condominium ur planned unit development, and the constituent documents. <br />9. Inspocion. Beneficiary or its agents may, at all reasonable times, enter upon the Trust Property for !h-9 purpose of inspection. <br />Benfciary shall have no duly to make such Inspection and shaft not be Iiablg to Trustor or to any person in possession if it makes or <br />lags to make any such inspection. <br />10. Protection of Security, It Trusts falls to perform any of the covenants and agreements contained In this Deed of Trust, or if any action <br />or procwding is commenced whioh does or may adversely aNect the Trust Property or the interest of Trustor or Beneficiary therein or <br />' the title of Trustor tfersb, then Beneficiary, at its option, may perform such convenents 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 Propurry to make repairs Any <br />jamounts disbursed by Betwhclay pursuant to this paragraph rid with interest thereon, shall constitute Indebtedri,ess of Trustor <br />secured by this Deed of Trost Unless Truster and Benetk,,a vy1 &Free to other farms of ps:i,ment, such amounts shalt be payable upon <br />notice from Beneka /ary to Trustor requesting payment O"ut, and shall bear interestr feum the date of dlsbur8emoW at Me default rate, <br />it any, set fortis in the Note, or otherwise at she, N;ghest rate perm ited by law Nudwng contained in this paragraph shall require <br />Banefcury to incw any expense or tyke any amino hereunder Trusts and empowers Beneficiary to enter upon <br />the Trust Property as Trusbr's agent and, m Tr.� hr's rosins err otherwise to pwbm amp• and all covenants and aipeaments to be <br />perforrnad by Trusb► as Blorwh ary Sinn .e !fs option, be subrog ml to any encumbrance, Alen, i -laim or demand <br />and to 40 rights and secunbes for : r,r pa yrnent Mereof pa to discharged by Berwttcmry under the provisions heilowl and any such <br />SUbF091160n rights stair be addeovnai and curet Aiave securnly her this Deeii of Trust <br />It. Cond& rsttiorr The proceeds of any swara'ar •clia'm for damages, direct w� cornseque nhal, in conneetitm with any condermOr i dI <br />i dtf r �'►g Of the Trust Pt'gmsnfy; or airy Pat rt wOO1, a for conveyarncr in keu of of wr anticipation of condemnation. are hrereiry <br />abcaignad to and shall be Paid aD Bero:km ry Trustor wdr ate and prosecute, in good faith and with due dingowai. 4M claim for any such <br />award or payment, and will cause the sane to be coNacned and paid to Bonebuary and, should it fail to do so. rfc -, %r(w Irrevocably <br />auMoritas and empowers BM ookiary. in Moe mama of Trustor or otherwise, to fife. prosecute. sMe o► c&r4w n%,w any such claim and <br />b CONCI, raCaipt for and ratan the proceeds M the Trust Property is abandoned by Trusts, or after riohce by Benehctary Ib Humor <br />j Vert WO COnOornnor oilers b make an award on settle a claim for damages, Trustor fails to respond to Benetiefary within thirty i 30i days <br />&W Me date such notice is madad. Benefeiary is authonted to collect and apply Me proceeds in the manrwr indicated herein Trw <br />proceed; of any award or claim may, alter deducting all reasonable costs and expenses, including attorney teas. which nnay have <br />been rnc~ by Banebcwv in tb colleckin thwrot, at me soli discretion of Benaltclary, be released to Trustw. applied to <br />restoration of Tn W Propn►ty. a Spoked to dw payment of the Indebtedness Unless Beneficiary end Trustor otherwise agree in writing. <br />any such a,ppkcabon olprocaads to Wolobt+edom &ham not exfond or postpo M (ft due date of tin Note or the payment or any <br />' insiataOW" cased for Mae(rnder. <br />f?. Trustor Abt Released. Ei(hfWW of tin brow lot payment or mooliheabort of any snwmration of the Indebtedness granted by Swieficiary <br />to any successor in kftr* t of Trusim shall riot operate to release, in any manner, rho kabifrty of Trustor and Trustor s successors in <br />kW~. Benektvary shall not be required to cor►tntonco proceedings against such successor or refuse to errand tome lot paymenr or <br />otherwise rnoWy arrorbza W of the Indebraklooss by reason of any demand made by Tnistor and Trustor s successors <br />M MNred. <br />L 13. FOMWNN NMormalort. Upon requ st at BarwiCiary. TnWor wive Pnwuie N Beneficiary, within rMrwry t9O) days d fin close of each hscet <br />yew of Tnrater, tin consobdatad b&Wx:e sleet and statement of oanrngs or Trus for and any and all guarantors of the indebtedness <br />secured hereby. it any, and will provide and dekvw to Beneficiary such other himm'al information and in such manner as Bwohceary <br />may reosorwbfy r gAmt from brew to brow <br />11. Financial Covenants In Walston to any other hnstwial covenants of rrusla made in any other egrmwolllrit. instrument W d(x umBnr <br />Trustor SW comply �nth and shall cause any and air guwartAws d the hi(hetitedness set are +d Miretty to rompit• wan ,w tip In <br />conrpbsoica with. the too" linanctal covenants ( Ttora paragraph shall net appry it Covenants and rr+quaOmprits lore nn► %W <br />AW1M herYln.) <br />15 Schedule of Losses Wilhin two t till days a►tw donurhi rruskm shat furms►i it- Heifer,, idrV if Si ri,.,fu4. : ar1.N.4 h► 1 .11 • air nV <br />AMM ON lease$ of the trust Property. pr any porrion therqul rricw(l,ng Ili todcit ( N%a the nllme of trot. fN/Vi �fti , , ti ,.(•.irr�ti ,i •i.-S, I pr., n <br />of fin apace occupied by such tenant tor occupant the Wild: 100010V if 61 hu, of SOWil) WO ♦u( it ulfi(ir .nliW,i,dhoff .pkf ,i,>. ,,nu+ntc .rdh <br />respect to SWAP leases and tananciur, as O"ficiary may roosornawy ►uquest <br />7 <br />