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 />
|