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F 7 <br />80 -10584 5 <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS <br />1 PAYMENT OF PRINCIPAL AND INTEREST. Truslor shall promptly pay when due the principal of and inlerarit nn lhrr indebtedness <br />evidenced by the Note, and allother charges and fees as provided in the Note, and the principal of and interest on any Future Advances secured <br />by this Trust Deed. <br />2. WARRANTY OF TITLE. Truster is lawfully seized and possessed of good and indefeasible title and estate to the Property hereby conveyed <br />and has the fight to grant and cunvey the Properly: Iho Property is free and clear of all bens and encumbrances except liens now of record, and <br />Truster will warrant and defend the title to the Property against all claims and demands <br />3 MAINTENANCE AND COMPLIANCE WITH LAWS. Truster shall keep the Property to good repair arillciondition and shall not commit waste <br />+ or permit impairment or deterioration of the Property and shall comply with the provisions of any leaser f th, s Trust Deed is on a IPasehold No <br />t <br />improventie-ril now or hereafter erected vi xon the Property shall be altered. removed or demolistied *ithoul, the prior written consent of Beneficiary <br />Trustofshaueomply with all taws. ordintrnces, regulations covenants, conditions and restrictions, aftectingthe Property and not commit. suftor or <br />j permit any act to be done in or upon the Property in viol ation of any taw. ordinance, regulation. covenant. condition or restriction Truster shalt <br />complete or restore promptly slid in good workmanlike manner any improvement on the Property which may be damaged or destroyed and pay. <br />when due, all claims for labor performed and materials furnished therefor and for any alterations thereof <br />d. INSURANCE. Truster, ants expense, will mar ntain with rnsurors approved by Beneficiary, insurance with respocIto the improvements and <br />personal property, constituting the Properly, against loss by fire, lightning, tornado, and other perils and I•izards covered by standard extended <br />coverage indorsement, inan amount equal to at least one hundred percent 1100%1 of the full replacemen, t alue thereof and insurance against <br />such other hazards and in such amounts as is customarily carried by owners and operators of similar properties or as Beneficiary may requ're for <br />its protection. Truster will comply with such other requirements as Beneficiary may from time to timerequ©si for the protection by insura.` :? of Ine <br />interests of the respective parties. All insurance policies maintained pursuant to this Trust Deed shall name Truster and Beneficiary as-`s_.l?;.. as <br />their respective interests may appear, and provide that there be no cancellation or modification without at 1 east 15 days prior written notification to <br />Trustee and Beneficiary may procure such insurance In accordance with the provisions of paragraph 6 hereof Trustor shall deliver to Beneficiary <br />the original policies of insurance and renewals thereof or memo copies of such policies and renewals thereof Failuretofurnish such Insurance by <br />Trustor. or renewals as required hereunder shall, at the option of Beneficiary, constitute a default <br />5. TAXES. ASSESSMENTS AND CHARGES. Truster shall pay all taxes. assessments and other charges. including, without limitation, fines <br />and impositions attributable to the Property and leasehold payments or ground rents, it any, before Ina same become delinquent Truslor shall <br />promptly furnish to beneficiary all notices of amounts due under this paragraph, and in the event Truslor shall make payment directly. Trustor shall <br />promptly furnish to Beneficiary receipts evidencing such payments Truslor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's interest herein or upon this Trust Deed without regard to any law that may be enacted imposing payment of the whole or any part <br />thereof upon the Beneficiary <br />6. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARY'S SECURITY. Truslor shall make all payments of interest and principal and <br />Yi <br />payments of any other charges. fees and expenses contracted to be paid to any existing or subsequent lienholder or beneficiary, under any <br />f1! <br />4 <br />g y p p y pay and discharge any and all other <br />existing r subsequent mortgage or trust deed before the date the are delingent or in default, and promptly <br />t <br />liens, claims or charges which may jeopardize the security granted herein If Trustor fails to make any suchpaymenl or fails to perform any of the <br />t�ll�r <br />" <br />covenants and agreements contained in this Trust Deed. or the Note referred to herein, or in any prior or s ubsequont trust deed, or if any action or <br />proceeding is commenced which materially affects Beneficiary's .merest in the Property. including. but not limited to, eminent domain proceed- <br />—" <br />ings. proceedings involving adecedent. notice of sale by Trustee, notice of default by Trustee mortgage foreclosure action, or if Truster falls to <br />m <br />pay Trustor's debts generally as they become due, then Beneficiary, at Benefrclary's option and without notice to or demand upon Trustor and <br />r <br />without releasing Trustorlromany obligation hereunder, may make such appearances. disburse such sums and take such action as is necessary <br />to protect Beneficiary's interest, including, but not limited to. disbursement of reasonable attorney's fees. payment. purchase, contest or <br />t <br />compromise of any encumbrance, charge or lien, entry upon the Property to make repairs, or declaration of default under this Trust Deed In the <br />event that Trustor shall fail to procure insurance or to pay taxes, assessments. or any other charges or to make any payments to any existing or <br />subsequent Iienholders or existing or subsequent beneficiaries. Beneficiary may procure such insurance and make such payment, but shall not <br />be obligated to do so. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall bocome additional indebtedness of Truster <br />secured by this Trust Deed. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear <br />interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at <br />such rate would be contrary to applicable law, in which event such amounts shall bear interest at the hig hest rate permissible under applicable <br />law. Nothing contained in this Paragraph 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 continuance of this Trust Deed to collect the <br />rents, issues and profits of the Property and of any personal properly located thereon with or without tak trig possession of the properly affected <br />hereby. and Trustor hereby absolutely and unconditionally assigns all such rents. issues and profitsto Be neffciary Beneficiary. howevtit hereby <br />consenislo the Truster 's collection and retention of such rents, issues and profits as they accrue and become payable so tong as Trustor is not al <br />; •r,`T <br />such lime. in default with respect to paymenlof any indebtedness secured her eby.orinIN? pe,forma nceof any agreement hereunder Uponany <br />such default. Beneficiary may at any to me either in person. by age,­. or by a receiver it) bo „G,;jomled by a count. without notice and without regard <br />to the adequacy of any security for the mdebredrrecs ',ereby secured la) enter upon and taste gvssess -on t:.f fl:zo Property or any part thnrenl. and in <br />:;g pwr, name sue for or otherwise collect such ve,Tm s, 'isues and p, ;Ats. in: t ao ray 1h05e past dot! anr2 unl9.1.1 and apply the same less costs ant: <br />aeira�atta of operation and cofleet,or. r.cl;;w;, ^.Y •, ;sonab!e rmt. -r-cy s fecs upon a^v ^•fehre9ne,1 csrruar) hwnahy anti in room ,later as <br />Beneficial-*. may determine. (b) perform such acts v repair or t.T•r •:•circa as may be rfecesiary o, properlo conse, ve me value of the Property <br />lease the srmeor any part thereof for such renta :, term. and upitorr.. cli conditions as its iuugpnent may dictale ortt '• ^aleloradtu';Ithelerrnsanl <br />conditions of existing leases Unless Trtystc r ancc Seneficiary thereof agree otherwtse in writing any app riratinn of rents issues or profits to any <br />indebtedness secured hereby shall not earend or postpone the due date .,t Iht? -nslaumeni payments .rs provided in said promissory note or <br />change trio amount of such installments rrt* enteri ng upon and taking possi"i sion or f me Property. the col I ec I -on of such rents •ssuesandprohls <br />and triaapplication thereof as aforesaid. shalt not waive or cure any default ill nAnctt• of det,aull hereunder or invalidate any act done put suant it, <br />suehnoti ce- Truster also assigns roBeneficiary as further sec urov for the performan•'a, I'+ttehliUatwnsyPcuredherpbv .i'Qrnpa'drNnt�.ind.l <br />monies which may have been or may hareatterb* depot s,tea%eith idrrusr,libyanyiesserullhef ' ropirrry t;)secur,,rnep.lvr",­I,)fanyrpr•to- <br />damages, or upon default in the performance of any of the provisions herool Trustor agrees to deliver Such rents salt T ?, ^ ".•' : r•t I. • i3r• e' .1,v <br />Delivery of written notice of Beneficiary sexerciseutrhe rights grant" herw,n to any tenant occupying sardpremisesshanh -s.a�" ,''te, .- ,;,,•r.' <br />said tenant to pay rent to the Beneficiary until further notice <br />r - <br />A CONDEMNATION. If title to any part of the Properly in&1 be takon in rurtdmmnaliun prone vino% by I i qnt of em in-nl dumale m , in, ,la- <br />action, or shall be sold under threat of condemnation, all awards. damages and proceeds are hetet•y as sgned and shall b- pa-d to Nenefit ,.e v <br />who shall apply such awards. damages and proceeds to the sum secured by this T rust Deed wllh the e .cess ,t ,thy p.vit to t t,,,r, it t ...,r <br />f receives any notice or other information regarding Such actions or proceedings Trustor shall y•ve plum pi iiii Iloilo- thereVl to flenef- -a, v <br />t Beneficiary shall be entitled. at its option. to commence. appear to and prosecute iri ds oil na•ne,r ni •.,, % ,u Lail ••, t" o, .•e.f •ltp- .t, •a tit -i r <br />entitled to make any compromise or sotUement in connection with any Sur h ,,Chan ur Prot eedo,9, <br />L9 FUTURE ADVANCES. Upon request of Tfublor Henehc ,sty at 6enehl ary •, upt,t•n tit (.1 tt• •.•, _,.v,tt-, v If r.,• t'., i t <br />make iulureadvancefoloTruslor Such fulureadvanLP, w.ln rater- sltnelton %to fill ht, sr•tu le of •i ..•.•.•. <br />notes slalrrig that shift nules air, %el.uted heurbv Vruv'tle 1 Ill -11 Al e.. t ...... .. '-All tat• -0, <br />advanced to protect the security. oriceed Iwo hundred percent 1,100 •1 Mille ..r ymni pr,I,. Oil' •i ..... ..r,t • ,, , r , r . a <br />w - <br />J <br />