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r <br />■ <br />.117; s <br />- <br />..f .i <br />'104277 <br />• _ r�Y• _ _ _ <br />R- p.YSOd•{t.'��TRt/p- VRi- T /MV�. ...- _...._ .. __.. <br />_ _ <br />_. _.__. .- .. :__. <br />Property. Truslor A~ o9em. upon wtinva mquest by Bwokiar . to promptly dakver to Bsnsficlary ! mcsipts trot the payment of <br />such dta S" Thator Wkewoo agree to pay aN taxes, assess nw is and Ofrier charges levied upon or assessed, placed or made <br />against or maasurol by, this Deed of Tarsi or ft mcadamon horw <br />5, Applicati w Of P,aprfwWv. AN paymMfts received by Seroft sty as to any debt; habft Qr obli pbon owed to Benel%fary by Twistor <br />may ba Wood by BetmftWy to ft payment of d* 1ndmOtadness or to any such Cthr11r7, 04 NedWty or obNgefaon. in any order or <br />manner Of appleation which Beneficiary, in its absokrte discretion. deems apps L�1rieii eYlfrprwise elected by Beneficiary. arty <br />WpNpn <br />such payment shah be deemed Wphed first to the payment of any o;abt kabft volor Man the Note . <br />t:. t:harges; Liens. Truster warp keep fife Trust Amparty free from aft Wens and eneuntbra Imes whirh, lo, any way may, In the judgment of <br />Bettetiryary, haw priority over, Or fntpair the security Of fhis Daed of Trust but Tyktigr need natd'ischarge any such lien so kxig as <br />IMM shale agree. in wtffing, to pay the ONgabW SwAmed by such Win a tlr0nnaeacsopftbie lo Seneidwy and shalt in good faith <br />Comm sutdt Wan byWrWdXa hgat proceedngs eflactive lo prevwrMe entrrrcement offhB Warr and the kiss d any interestin or <br />pwrtofihs Trust Property. <br />T. hazard Msurance. Truster shall keep the bWiidrigs and other improvem ills now existing ar hanpari0i!•4rgcted on the Trust Property <br />inured by Insurance carriers sat satiny ib Ben@A0ary against 1W by fire, and <br />such other hazards, casuakes and contingencies as maybe regtirw by Berwtkiary' in such'emruntft Odlf Nyr such periods as maybe <br />ragwred by Beneficiary. The policy Of insurance shah be In fiorm acceptable tc Owe#rvarf, feru►4% Utat tilts dame may not be <br />cancarWad or mod+tied without fifteen► (15) days prior wtkbn notice to Bermftiary, and shall haliv kw 1¢dy" provisions in favor Of aril <br />in form acceptable to Beneficiary. lip promiums on insurance pokcies shah be paid in tffe manner[crtWdOd under paragraph a hereof <br />or, it not paid in such manner, by Ttusror making payment at least fifteen 0 9i days robr to the due dafit. :directly to the insurance <br />catriwr_ Beneficiary shall have the right to hold the policies and renewals themcf end Truarcrattail pr+: hWifyt Armish to Beneficiary all <br />rowwal notices and all paid premium receipts received by t7. in no event shall Eeneficiar/ or Trustee be held responsible W failure to <br />pay lkWr'ance premiums or for any loss or damage arising out of a defect in. any policy or arcing out of any failure of r ny insur ,1nce <br />cCrn to pay for any loss or damage insured against or for failure Cy Trtistcr h, effilct tine iiraurance required hereunder ln,.r, a eve,7.° <br />Of foss:;' +', w slfaLf give prompt mortice by mail to the rnsurarrce cardeFand Eeneffciari. 86000uy may make proof of faseit ref <br />made/?,? '*/J r. #*."pr0per form by Truster Alf policies of insurance and any and all relunds of WMamed premiums are +any <br />8=0x to Beriej deny as additional security for the payment of the Indebtedness. In the ewnt'4 Soneticiary's exercise of the power. <br />of &r- Contained herein, Or in the event of foreclosure, all fight title and interest at TnseW in and to any insurance policy then in force <br />VW—Pass ro the purchaser at the trustee's sale or foreclosure sale. In case of any lusts, dto insurance proceeds may. at the option of <br />Btsrnefioiary, be appied by Beneficiary upon the Indebtedness, or any part thereot: and in such'. order and amount as Beneficiary may <br />determine; or said insurance proceeds, at the oration of Seneficiary,.may either to used i r 1119119, ding or restoring the Trust Property <br />partially or totally destroyed to a condition satisfactory to Beneficiary; or said insamirre pireeds, or any portion thereof, may be <br />released to Trusts. Unless Beneficiary and Truster otherwise agree in writing. anlrsuch application of insurarme, proceeds shall not <br />extend or postpone the due o ..al the Note, or any installments called for thertlirt, cr orange the amount of such "ailments. If the <br />Trust Property is acquired by GV+,iehwary pursuant to the exercise of the power ct saln or r; tfltar foreclosure, all fight, title and interest of <br />TrustOf In and to any insuramepl=aeds payable as a result of damrag?o to the Trust Pr,,0dif'yi prior to the sale or acquisiffrrrshall pass <br />to Benefciary and shaN be apt ote d first t, rte costs and expenses, inNitding attomey 1069,: tirwiud in collecting such pray -ev ds, then <br />in the manner and rn the orderpcvded,�iq,:a. <br />: <br />8 Prosatvation and Maintenance cf• Trust Property. Tnrstar Hill keep Ow Ifoilding9 and etherimprovemerts now Fir• hereafter erected oft <br />VW TfUO Property in good repair and cond=n and With rut commit or permit waste; will not alter &a Cesign'o- structural character <br />"'`•` <br />cw,smving any building now Or hereafter ; tad on and constrWig the Trust Properly without tfre prior written consent of ` <br />E <br />Beneficiary, will not do any act or thing w6 Mwould unduly impair or depreciate the value of thr•Trust Property and will not abandon <br />the Trust Property. Trusts+ will not remove any fixtures conshtubng the Trust Property unless the saute 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 wrdr <br />all present and future ordinaw/jn; tiogulatrons and requirements of any governmental body which are applicable to the Trust Property <br />and to the occupancy and use 1l;et :tot it this Deed of Trust is on a unit in a condominium or a planned unit development. Trustor shall <br />perform all of Trustor's obAgat!dr =s wr,.'?r• lhh? declarations or covenanli creating or governing ft condominium or the plan wd unit <br />development, the bylaws and condominium Or plAoned unit development and the constituent documaszY. <br />9. Inspection Beneficiary or its ropgt gs• r. ray. at All reasonable times, e-..Y-apon the Trust Property for the purpose of mspec7•rrj, <br />. <br />Ber'eficrary shall have no duty.M ; ^7ako such inspection anti ihall not be liable to Truster or to any person In profession rf it :rakes or <br />W,'!;; 1447 :stake any such inspection. <br />10. Pratecito» of Security. It Trustor fails to perfo.*rrf any of the covenants and agreements contained in IMS Deed afftust, or rl'arnyf action <br />Of proceeding rrs c;Ibmrnenced which does <br />co` may adversely affect the Trust Property or the intertrFJt; of Truster of Benefits, }� ,,wereln or <br />Me title of Truatrr� thereto, then Beneficiary, a its option, may perform such converants and agreements, make such appearances, <br />defend a57airst and investigate such action of proceeding and take such other action as Beneficiary deems necessary to protect its <br />interest ;ac ;xrding, but not limited to, disbursement of reasonable attorney fees and entry upon the Trust Property to make repairs. Any <br />amounts disbursed by Beneficiary pursuant to this paragraph 10, with interest thereon, shalt constitute Indebtedness of Tr,;atOr <br />secured by tfus head of Trust Unless Tnrur v and Beneficiary agree to other terms of payment, such amounts shall be ,oyable upon <br />from <br />notice Bertri,fic i;try to Truster request/rr% payment thereof, and shall bear interest from the date of disbursement at t*divfsult rate, <br />d airy, set forth Ir. tlfa Note, or otherwise at me highest rate permitted bylaw. Nolhrrg contained In this paragraph shall require <br />Beneficiary to incur any expense` :,r take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon <br />tire' Trust Property as Trustor's a -sent and in Trustor s raN113 or otherwise to perform any and all covenants amt agreements to be <br />per,'cimed by Trustor as herein provided. Beneficiary shall, rat its option, be subrogaied to any encumbrance. ken, claim ar,,;emand <br />and to all rights and securities for the payme,^! thereof paid or discharged by Beneficiary urder Me- provisions hereof and any such <br />subrogation lights shall be additional and curlulat,ve security rpr tar:, fared Of Trust <br />11. Condemnation The proceeds of any award or claim fGr Can ?ages, d t cca or consequential, in cor. r:ectron w'!h r;iry corcramnation or <br />other taking of the Trust Property, or any part thereof, or for conveyance in lieu o! or in anlic,pation of condemnation, are hereby <br />assigned to and shall be paid to Beneficiary Trustor will file and prosecute, in good faith and with due diligerce. its claim for any such <br />award or paymenr, and will cause the same to be collected and paid to Beneficiary. and, should it fail to do so, Trustor rrlati ucably <br />authorizes and er» powers Beneficiary. in the name of Trustor or otherwise, to fie, prosecute, settle or compromise any such claim and <br />to collect, receipt for and retain the proceeds lftho Trust Property is abandoned by Trustor, or, after notice by Beneficiary <br />to Trustor <br />Mat the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within thirty (30) days <br />@&V the date such notice is mailed. 8enehctary is suthonzed to collect and apply the proceeds in the manner indicated herein. The <br />rhWeed-9 of any award or train may, after deducting all reasonable c osts and expenses. including attorney foes. which tray have <br />been incurred by Berrgkc,ary in tae reLection thereof, at the sole disc retion ul Beneficiary, be released to Trustor, applied to <br />resipfat en of Trust Property, or applied to the payment or the indebtodriess Urr'ess 8enuficiary and Trustor oIherwise agreo in writing <br />any such application of proceeds to Indebtedness shair ri&T uxWond or Lr`rslp.7ne the due date of the Note or tho payment of any <br />installments called for thereunder <br />12 Tmstor Not Released Extension of the fame for payrrenf or maddicat :cn of ary urrcntarion ultie Indebtedness rytanrt!d by V0neh.Crar( <br />to any successor to Interest of Ttusrof shaft nbt operate to release in any manner. the Irabijty tJf Trustor aunt Tru ;for 5 successor ; it, <br />interest Berre`icrary shall not be required to cf)mirence <br />proceedings against such successot or refuse to 04telyd firn[- for vairment of <br />v'1'v%G. �%-3v o, iF.6'tir�trfirbirt¢febfppt E ;S [1} rEaSQn Gr13ny rf(t�e tfit} made fy Trustor and Truster s <br />suC ct s5 ^r:. <br />to tnfer@51 <br />13 FrnariCry hdtpm►abc7ri tJporl request of ¢jetiefc,ary, Trualf;r m;1 prowdo to BCfit'I,Crilry ,•.0111111 r.:noN (90, days of rnij ct(40 r,t c:n.r) f.5� ,r! <br />year ref Truster, the cor ;otidated balance street and staterrent of 6arn:nys 0 frij5tur and <br />any and all quctranrlu, r r1 the <br />9lCLlre'tf t4filby. If any, and w:11 prorde and deliver rte Hene6ciary such tither franc ra; trifofrr?atit +n art,' m Stich r-ariiirr, (1S Vnrerrt rw,' <br />tray reasonat -ho teQuest horn t"rr� to t.1ne <br />14 1'nrtrN rat G ✓vE+ridntS In aUdfian iii any (rlhrlr !•nanGral i risen in ►5 f!! rrusr,•,rr made m arty nrhtir J�rter +l( r.t rrs9, =r c ^t r +r r1 <br />Tru^.'tlr ;hail cony "y w -I f and Shall tatiso ary lord 117 r r;rirarr 'is t t, , r <br />} c, r,. 1 �, tar =J( tr <br />�' sdatrss se_urrf heri+t!1 rr, r .• •; .�, «., .. t.r, :, <br />c• 'C' arrctr w'h if�tll,i; :Iry :rr� rnr3rcr,�1 tGaena::rc ,ln, t r ! r , .i .•r •, . ,,. ,r � <br />s4a [��_l..r rat.. ar, =1 •(cdb :r,ir•..��.; ,F.,J, ,.�,,,:., r _n. <br />r <br />w <br />11' t•rtrn :tu`!tGr •r r r, t4tr 1lr. -, V ii iy ;tj. u•1! ! • J n4i ► I_ :.4., . :r;:r I : r1 {c : r <br />r <br />n .. <br />Ln r •.; <br />9, S <br />,: <br />„ 'rrfl <br />�, <br />� 1 s� �t . r r . _ <br />,.r <br />�3SS'1 C :�1 t r. n <br />.r,.a-rr, ?I.; . 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