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1 <br />insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against the Trust <br />t <br />Property. Trustor further agrees, upon written request by Beneficiary, to promptly deliver to Beneficiary all receipts for the payment of <br />such charges. Trustor likewise agrees to pay all taxes, assessments and other charges levied upon or assessed, placed or made <br />C <br />against, or measured by, this Deed of Trust or the recordation hereof. <br />b. <br />Application of Payments. AN payments received by Beneficiary as to any debt, flabdily or obligation owed to Beneficiary by Trustor <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 />O <br />manner of application which Beneficiary, In its absdute discretion. deems appropriate. Unless otherwise elected by Beneficiary, any <br />t4 <br />such payment shah be deemed applied first to the payment of any debt, liability or obligation other than the Note. <br />B. <br />Charges, lions. Trustor 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 Dead of Trust but Trustor need not discharge any such lien so long as <br />' <br />Trustor shalt agree. In writing, to pay the obligatbn secured by such lien in a manner acceptable to Beneficiary and shall In good faith <br />Cn <br />contest such lien by appropriate legal proceedings effective to prevent the entbrcement of the lien and the loss of any interest in or <br />Part of the Trust Property. <br />7. <br />Hazard Insurance. Trusts 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 some 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. Alt premiums on Insurance policies shall be paid in the manner provided under paragraph 4 hereof <br />or, it not paid In such mariner, by Tlusby maWrtq payment at least fifteen (18) days prior to the due date, directly to the insurance <br />carrier. Beneficiary shalt have the right to hold the policies and renewals tits wf and Truster shall promptly furnish to Beneficiary all <br />renewal rvices and all paid premium receipts received by it. In no event snail Beneficlary or Trustee be hold responsible for failure to <br />pair i awanee pfelaWms: or Aar airy loss or damage arising out of a defect In any Policy or arising out of any failure of any insurance <br />company to pay ftr any loss or damage insured against or for failure by Trustor to effect the insurance required hereunder. In the event <br />of ions, Trustor shalt' glue prompt no0ice by mall to the insurance carrier and SeneSciary. Beneficiary may make proof of loss if not <br />made promptly or in proper form by Trustor. All policies of insurance and ax?� ind all refunds of unearned premiums are hereby <br />assigned to Beneficiary as addilional security for the payment of the In the event of Beneficiary's exercise of the power <br />of sale contained herein, oaf in the event of foreclosure, all right• tide and Interest of Trustor in and to any insurance Policy then in force <br />shall pass to the purchaser at the ?•:jslee's sale or foreclosure safe. In case of any loss, the insurance proceede r nay, at the option of <br />Beneficiary, be applied by Beneficfa. y upon the Indebtedness, or any part thereof, and In such order and aimouft as Beneficiary may <br />determine,, or said insurance proceeds/ at the option of Beneficiary, may either be used in replacing or resicidpq 7 )a Trust Property <br />Partially or totally destroyed to a condition satisfactory to Beneficiary; or said insurance proceeds, or any porbom 0eleof, may be <br />released to Trustor. Unless Beneficiary and Trustor otherwise agree in writing, any such application of insurance proceeds shall not <br />extend or postpone the due date of Note, or any installments called for therein, or change the amount of sue installments. If the <br />Trust Property Is acquired by Beneficiary pursuant to the exercise ct the power of sale or other foreclosure, all rmy h :/, title and Interest of <br />Tnistor in and to any insurance proceeds payable as a result of cl,amrage to the Trust Property prior to the sale or amcquismon shall pass <br />to Beneficiary and shall be applied first to the casts and expenses, including attorney fees, incurred In collec&V s ;ch proceeds, then <br />in the manner and in the older provided herein. <br />8. <br />Preservation and Maintenance of Trust Property. Trusfor will keep the buddeigs and other improvements now or hweafter erected on <br />the Trust Property In good repair and condition and will not commit or permit waste, will hot alter the design or structural character <br />constituting any building now or hereafter erected on and constituting the Trust Property without the prior written consent of <br />Beneficiary, will not do any act or thing which would unduly impair or depreciate the value of the Trust Property and will not abandon <br />'..' <br />the Trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the some are immediately replaced with <br />like property subject to the lien and security interest of this Deed of Trust and of at least equal value and utility. Trustor will comply with <br />r. , <br />all present and future ordinances, regulations and requirements of any governmental body which are applicable to the Trust Property <br />` <br />and to the occupancy and use thereol. if this Deed of Trust is on a unit In a condominium or a planned unit development, Trustor shall <br />perform al! of Trustor's obligations under the declarations or covenants creating or governing the condominium or Me planned unit <br />development, the bylaws and regulations of the condominium or planned unit development, and the constituent documents. <br />i <br />} fl. <br />Inspection. Beneficiary or its agents may. at all reasonable times, enter upon the Trust Property for the purpose of Inspection. <br />= � <br />4AM <br />Beneficiary shall have no duty to make such Inspecwt; and shall not be gave to Trustor or to any person to possession if it makes or <br />Ij <br />falls to make any such inspection. <br />10. <br />Protection of Security. U Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust, or if any action <br />or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or Beneficiary therein or <br />the title of Trustor thereto, then Beneficiary, at its option, may perform such covvenants 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 lees and entry upon the Trust Properly to make repairs. Any <br />amounts disbursed by Beneficiary pursuant to this paragraph 10, with Interest thereon, shall constitute Indebtedness of Trustor <br />secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be payable upon <br />notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date o1 disbursement at the delau:t rate, <br />i l any, set forth in the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require <br />Beneficiary to Incur any expense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon <br />the Trust Property as Trustor's agent and, In Trustor's name or otherwise to perform any and all covenants and agreements to be <br />performed by Trustor as herein provided. Beneficiary shall, at its option, be subrogated to any encumbrance, lien claim or demand <br />and to aft rights and securities for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any such <br />subrogation rights shall be additional and cumulative securely 1cr this Dead of Trust. <br />11. <br />Condemnation. The proceeds of any award or claim for damages, direct or consequential. In connectior, with any condemnation or <br />cther taking of the Trust Prop6dr, )i any pa,1 irtvreut, of ivi wLievttydne.a in iivu v u it iintiGipation of c araamnation, are hereby <br />assigned to and shall be paid to Beneficiary. Trustor will file ant arosecute, in good faivi and with due diligence, its claim for any such <br />award or payment, and will cause the some to be collected amt paid to Beneficiary, and. should it fail to do so. Trustor Irrevocably <br />authorizes and empowers Beneficiary• in the name of Trustor or otherwise. to file, prosecute, settle or compromise any such claim and <br />to collect, receipt for and retain the proceeds. ll the Trust Property is abaror.,ned by Trustor, or, after rrtwice by Beneficiary to Trustor <br />wlwt... I... Nwrw wwww .r�..wM� M.Iw M wwwN �.. 6]wnwl.'w: n,.• .u.11,in 11,frlu /12111 /IOUC <br />vMrr, „/trap V •iY/V M J /// ,V// /N 4P///VyVVr •MJ /N •w��/V.•V r .,V n..V.r ,rrr. .•.. •r I— <br />after the date such notice 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 lees, which may have <br />been tncuned by Bcneberary in the collection 'hereof, at the sole discretion of Beneficiary• be released to Trustor, applied to <br />restorabon of Trust Property, or applied to the payment of tine indetifedness. Unless Beneficiary and Trustor otherwise agree in witting, <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 Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness granted by Beneficiary <br />to any successor in Interest of Trustor shall not operate to releaser in any manner, the liability of Trustor and Trustor's successors in <br />Interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or <br />otherwise modify amortization of the indebtedness by reason of any demand made by Trustor and Trustor's successors <br />In interest. <br />!� <br />L 13. <br />Financial Information. Upon request of Beneficiary. Trustor will provide to Beneficiary. within ninety (90) day3 of the close of each fiscdl <br />of Trustor, the consolidated balance sheet and Trustor the Indebtedness <br />year statement of earnings of and any and all guarantors of <br />secured hereby. if any, and will provide and deliver to Beneficiary SUCK other financial information and in such manner as Bene►tctary <br />o <br />nre <br />14 <br />may reasonably request from time to time <br />Financial Covenants In addition to any other hnarictal covenants of Trustor matie to arm• other agreement mvrunient of dot urrienf <br />�7I <br />Trustor shall comply with and shallcause any and rib guarantors of the trldebledress yet t met Piero), #,,, t,•mt-i o •rat , it do ,n <br />cornphartco with. the following financial covenants ( this paragraph shalt riot apptt it covenants and requ ,emonit ,ir1• f), -1 '.t•t <br />-• <br />forth herein ) <br />15 <br />Schedule pt 1 eases WRlnn ten i In stays arret(ti•mand Trustor %haii fury a ?i to Bee' 10,111 it •,t rif•thl't, r r•rr•t,N.i I- - h, r•u.'• 1'rr ter <br />"h All leases of the rr(l,Ct Prr)perty. (,r any i)ott-o,i thereto? •n hattnq ,n, /dc h r aw riot, 41'Th• "0!01f. •r/ t,i't.• ( i ,rti t ,l$•;, •,i,? ••. <br />of the Spdue (M- Culhvd tty SUt h renil'i.• ru (K t til)drit fhP r1• -1ldt 11•Irdha• if" •.;; t, • -; .i- , i^ .. _. .... ,• r'- • .t ••, <br />resiwi'tt) tirrir -,;,IV <br />AS tic ,. •d;i 441S•••, ti• i •roju, ­ <br />