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IN <br />103453 <br />TO PROTECT THE SECURITY OF THIS TRUST DEED. THUSTOR HERE13Y COVENANTS AND AGREES AS FOLLOWS <br />I. PAYMENT OF PRINCIPAL. AND INTEREST. Truster shall promptly pay when due the principal of and Interest on the Indebtedness <br />evidenced by the Note, and all other charges and tees as ptovldedin the Nate, and the principal of and interest on any future Advances secured <br />by this Trusl Deed <br />7. WARRANTVOF TITLE. Truster is lawfully seized and poisessedof good and lndefeatstbletitle andestate tothe Property hereby conveyed <br />and has the right to grant and convey the Property. the Property Is tree and clear of all liens andencumbrances except lions now of record; and <br />Trustor will warrant and defend the title to the Property against all claims and demands <br />3 MAINTENANCE AND COMPLIANCE WITH LAWS. Tru stor shall keep the Property in good repair and condition and shall not commit waste <br />Or permit impairment or deterioration of the Property and shall comply with the provisions of any lease it this Trust. Heed is on a leasehold. No <br />improvement now of hereafter era teduponthePropertysha(lbealtered, removedordemolishedwithouttheprioroie- rrgnconsentefBeneficiary <br />Truslor shall comply with all regulaunns. covenants, conditions and restrictions affecting the PrLv5 -*My and not Commit, sutler or <br />permit any act to bedone in or upon the Ptopeog eit violation of any law, ordinance, regulation, covewtnt, condition or restricti.wi. Trustor shall <br />complete or restore promptly and in gictod writmanhke manner any improvement on the Properly wt-wft may be damaged o► desrrcyed and pay, <br />when due. ail claims for labor performed and materr;rls furnished therefor and for any altfz�abons thereof. <br />r1.111SURANCE. Trustor, at its expense, wMillainlain with insurors approvedby Benef'imary, insurance with respecttothe improvement%airtd-i. <br />personal property, constituting the Property, aga!nsl lossby fire, lightning, tornado. andolher perils and hazards covered by standard exten,$,ot <br />coverage tndonement, in an amountequalto atleasi one hundred percent 1100 %) of the full replacement value thereof and insurance against: <br />suahother hazards and in such amOurls as is customarily carried by owners and operators of similar properties o►as Beneficiary may require ftir <br />itsprotection. Trustor will comply wilh such other requirements as Beneficiary may from time to time request for the protection by Insurance of the <br />tnletestsof the respective parties. All Insurance policies malr..ta' ned pursuant to this Trust Deed shall name Trustor end Bonet lctary as insured, as <br />their respective interests may appear, and provide that there be no cancellation or modification without at least IS days prior written notification to <br />Trustee andBeneficiarymayprocuresuchms- Lvanceinaccordancewllht0eprovisionsofparagraphS hereot Trustor shall dollvet to Beneficiary <br />the original policiesofInsuranceandrenewals• lnereoformemocopiesa( 'suchpoliciesandrenewats,shoreof Far lure to furnish sucka insurance by <br />Trustor. or renewals as requi?ed hereunder szfall, at the option of Beneficiary. constitute a default <br />4 <br />S. TAMES. ASSESSMENTS AND CHARGES. Trustor shall pay all taxes. assessments and other charges, including• without limitation, fines <br />and Impositions attrrbutable to the Property and leasehold payments or ground rents, if any, before.the same become delinquenj -Trustor shall <br />promptiyfurnishtobeneficiaryallnoticesotarari. intsdueunderthisparagrash .andintheeventTrustos shall make payment diredy, Trustor shall <br />promptly furnish to Beneficiary receipts ew.-d tming such payments Trustor shall pay all taxes and, assessments which maybe levied upon <br />BenefiCiary'L interest herein or upon this Tr•u9" Deed without regard to any law that maybe enactQ•4:ip loosing payment of the whole or any part <br />thereof upon the Beneficiary t <br />e ADDITIONAL LIENS AND HROTECTIOU0F 1lENEFtCtA1111'S SECURITY. Trusts *.r shalt Make all payments of Interest and principal and <br />naYmenfa at any nthat chamss, fees and etiomnses contracted to be card to anv exislrno or sutisemaent penholder or benelicraty, under any <br />existing or subsequent mortgage or trust deed before the date they are delipgent Orin default, ana-�'exmptly pay and discharge-any and all other <br />Irons. Claims or charges which may jeopardize the see unly granted herein If Trustor fails to make arOy such payment Orfails to perform any of the <br />covenants and agieements contained in this Trust Deed. or the Note referrod to herein. at any prior or subsequent trust deed. or of any action or <br />proceeding is commenced whi%fv;Materialty affects Beneficiary's interest in the Property, tr ,ziuding, but not limited to• eminent domain proceed - <br />ings, proceedings involving a decedent. notice of sale by Trustee, notice of default by Trustee, mortgage foreclosure action, or it Trustor fails to <br />pay Trustor s debts generally as they bece ^eidue. then Senefitirary, at Beneficiary s option and vwftiout notice toot demand upon Trustor and <br />without releasing Trustor from any may make such appearances, disburse such sums and take such action as is necessary <br />to protect Beneficiary s interest., inetuding. niif not limited to, disbursement of reasonable attorney's fees. payment, purchase, contest or <br />cots•.promise of any enc umbrarge; charge or Iten, entry up, a the Property to make repaus. or declaration of default under this Trust Deed. In the <br />evetrzi;ihal Truster shall fail to procure insurance or to payjax;es. assessments, or any other Charges or to make any payments to any existing or <br />stibseg;Iuent henholders or existing or subsea -i eot beneficiaries. Beneliclary may procure such insurance and make such payment. but shall not <br />be obtl5alad to dd so. Any amounts disbu.rsed Cy Beneficiary pursuant to this Paragraph 6 shall become additional indebtedness of Trustor <br />securedYtythis Ttbst Deed Such amounts s1,rmiYibe payable upon notice from Beneficiary to Trustor requesting payment thereof. and shall bear <br />interest frontline dale otdisoursa:ment at the fate payable from t-me to time on outstanding principal under the Note unless payment of interest at <br />such rate would be Contrary to a;wphcable law. in which event such amounts shall bear interest at the highest rate permissible under applicable <br />s law. Nothing contained to this i:'S4 jofaph 6 shall require Beneficiary to incur any expense or take any action hereunder <br />7 ASSIGNMENT OF RENTS. Beneficiary shall have the right. power and authority during the cartmuance of this Trust Deed to collect the <br />rents, issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected <br />hereby, and Trustor hereby absolutely and uncond.tionatiyassigns all such rents. issues and profits to Beneficiary. Beneficiary, ho*u iCr, hereby <br />car• sointstotheTrustor 'scollec;h :;;�aandretentionofsuch cemks. i ssuesandprofitsastheyaccrueandbecomepaypblesolongasTrustorisnot .at - <br />sac7 Crme, in default with respe:et•tt„oaymeni of any indebtedness secured hereby, or Inthe performance of any a0f ement hereunder. Upon any <br />suchdefault, Benel «Mary may ai aVydime. edt�aes m person, by agent. orby areceivertobe appointed by a Court. without notice andwilhout regard <br />tothe adequacy ofekvd;s,acurity lot the indebtedness hereby secured, QBj eY7tr7r upon andlake possession of the Property or any pa;(t thereof, and in <br />its own name sue fix ce Wher.wise cot loci su-_ ^" rents. issues and profits u;i;i;ading those past due and unpaid. and apply the same, less costs and <br />expenses of operation ana ccAction, including reasonable attorneys fees. upon any rrdebtedness secured hereby. and in such order as : <br />Beneficiary may determine. fk$ peilorm such acts of repairor protection as maybe nec.asaary or propel to conserve the value of the Property :icJ. <br />lease the same or any part thereof for suon rental, term. and upon such conditions as rlsjudgment may dictate, or terminate or adjust the terms 40C), <br />conditions of existing leases. Unless Trustor and Beneficiary thereof agree otherwise in writing. any application of rents, issues or profits to ar.'y' <br />indebtedness secured hereby shall not exremsd or postpone the due date of the installment payments as provided in said promissory note or 1'( <br />change the amount of such iestailments. Theentering upon and taking possession of tho Property. the collection otsuch rents. issues and profits. <br />and the application thereof as.atoresaid, shall not waive or cure any default or notice of default hereunder or invalidate any act done pursuant tip. <br />suehnofice Trustor also assigrs to Beneficiary, as further security tot the perform ance of the obligations secured hereby, all prepaid rents andalti, <br />manias which may have beenor may hereafter be deposited with said Truslor by any lessee of the Property, to secure the payment of any rent or <br />damages, or upon default to the performance of any of the provisions hereof. Trustor agrees to deliver such rents and deposits to Beneficiary <br />Delweryof written notice of Beneficiary's exercise ofthe rights granted herein- to any tenant occupy: ng said promises shall hosuffic tenttorequ ie <br />said tenant to pay rent to the Beneficiary until further notice <br />D CONDEMNATION. If title to any part of the Properly shall be taken in condemnation proceedings. by right of eminent domain or similar <br />action. or shall be sold under threat of condemnation, alt awards. damages and proceeds are hereby assigned and shall be paid m Flonef,ria,v <br />who shah apply such awardg. darnages and proceeds to the sum secured by this Trust heed. x,lh the excess if any paid to Trustor n Tr;,sto, <br />r *ceivea any nGftceor Other information regarding such actions or proceedings. Truslor shall give picimpt written notice thereof to Benebc.a, v <br />Henebtiary shrill tie errblled. at its opt: on to commence. appear in and prosecute in its own nanto any Such action or proceedings and sh a :- he <br />enl -vea 1d crake any coniprornrye or selllHmenl in connection with any such action or proceeding_; <br />g FUTURE ADVANCES. Upon request of Ttusiot Beneliciai y n► Ueneliciary option prior to srcon�eyanc o of ttiu F�r�,vo,Ir r•, t •.,sti,• + ,r, <br />rnsvefut�'batl�dnC05t9TruSt,r Sur. hfututeadvanCes . with inteiestmeteon !; h�ilbPSrlcuredbvTh ,sTrustE)e!Odv+hr`i'r ✓d0 . o'tr•'vt "' " "'� r <br />.,'!!.:'Hl r•7 f'IAt "D 't r'(11e5 are secured hoic -bv, provided 1hrif at nrr bq'e shag me secured p, nr ipal :wd'i,1ur:` an.,,n, r•; r• „r , , : „t nq <br />i3�ar•! gy ri [,rn!C r 1113 S'Mat !v vvr(lo'I Iwo huh tied per(_ c!ni ':'90' of of lhf) of,a.c ;` pn^.f'1)�• nrrt :rintq',hr wed i rich; <br />rt <br />kr. 4 <br />