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r <br />, <br />r <br />r <br />r -t <br />8q-„ 104688 <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND AGREES AS Fokl.ows, <br />I. PAYMENT OF PRINCIPAL AND INTEREST. Truster shall promptly pay when duo the principal of and igigrest on the indebtedness <br />evidenced bylhe Note, and all other charges and fees as provided to the Note. and the prrncrpal of and interest an S.nV 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 right to grant and convey the Property. the Property is free and clear of all hens and encumbrances except hens 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. Truster shall keep the Property in goad repair and candetion and shalt not commit waste <br />or permit impairment or deterioration of the Property and shall comply with the provisions of any lease tf flUs Trust Deed 15 on a leasehold. No <br />i mprovemerldn -aw or hereafter erected upon the Property shall be allered, removed or demolished without ilia prior written consent of Beneficiary. <br />Tfust4rslitV =plyw+lhaltlaws. ordinances, regulations, covenants. conditions and restrictions affecting 11th Property and not commit, suffer or <br />pT;Tr.;t any act to be done in or upon the Property in violation of any law, ordinance. regulation, covenants chadition or restriction. Trustor shall <br />car ",fete or restore promptly and in good workmanlike manner any improvement on the Property which.may;ift dam aged or destroyed and pay, <br />when due. aii r.3!•ns to. tz:bcr performed and materials furnished therefor and for any alterations thereat <br />4. #N$UgQ;t :f >U its expense. wiff maintain with insurers a;proved by eeneficiary. insuranicewiln respecito the impyoverrier.tsaril <br />personal prop&, -f pn, ;: ,, :rtq the Property, against loss by fire, lightn..^:.2 Lnrnade, and other perils and hazardscovered by s l%ndard exle: Wad <br />coverage indorsement: ii• an amount equal to at least one hundred per.c,»-.rf t g �tg.of the full replacement valtie thereof and insurance ayaimst <br />s:u# other hazards and irisur.O amounts as is customarily carried by an , ,:y, =.l. zttrttorgof similar properties or as Benet.zi.ary may require for <br />r, s protection. Truster will comply with such other requirements asBeni '•ri' ! rsaytram lime td time request for the protect ,orfay insurance ofthe <br />interests ofthe respective parties All insurance policies maintained pursi. ianttothis Trust Dead shall name Truster and Bena lii::iaryas insured, as <br />!heir respec ?i.var :nteresls may appear. and provide that there be no cancellation or modification ,,vrthoul at least 15 days pri, st*•riften notification to <br />i; ri$ fee and lBeneficiary may procuresuch insurance in accordance with the provisions ofparagraph6hereof Truster sha.`;uanvertoBeneficiary <br />IN60rigrnal policies of insurance and renewals thereof or memo copies of Such policies and tranowalsthereof Falfuretofumtsh such insurance by <br />TKiistor, of renewals as required hereunder shalt, at the option of Burieficiary constitute a dotautf. <br />5. TAXES, ASSESSMENTS AND CHARGES. Trustor shall pay ail faxy!s, assessmonto andnihec charges, including. Adh6l;t limitation• fines <br />and impositions attributabte to the Procr;rtit and leasehold pay rents, et,any, betera the same become de :;nq -Ldot. Trustor shalt <br />Promptly furnish to beneficia :y.:litre,lcrat. trcirtounlsduoundorthrspatg ;gpepn,and ntheeventTrustershallm,. Atlpaymentdrectty,Truslcarshall <br />-pmptly furnish to Benefictaf l fec�p;t�rra' sensing such payments Trustor shall fie A all taxes and assess ^��vits which may be �ef,g 'upon <br />Sw'efrceary's interest herein or upon K!i Ti Est Deed without regard t: any law Ihal,may be enacted imposing,;; &yment of the whole or any part <br />thereof upon the Beneficiary. <br />6. ADDITIONAL LIENS AND PROTECTION OF SENEFICIAR'- Y'li- SECURITY. Trustor shall make all payments of trite,ene.and principal and <br />payments of any other charges. fees and exponses contracted w :i.i: paid to any existing or subsequent benhcc�:aer or beneficiary, under any <br />existing or subsequent mortgage or trust deed before thirdmoi they are dellhgent or in default, and promptly pay :7d discharge any and all other <br />liens, claims or charges which may jeopardize the security granted horein. fit r.iustor fails to make any such pa:yrr._c:!%1 or tails to perform any of the <br />covenants and agreements contained in this Trust Deed. or Inn Note retort rid ;o herein, or in any prior or subsegitc,ratrustdo ?.n, or it any action or <br />proceeding is commenced which materially affects Benohcrary's intainsl n.tbe Property, including.. but not bmtted to. emrnani 2omain proceed- <br />ings. proceedings involving a decedent• notice of sale by Trusteo, notice a0telault by trustee, mortgage foreclosure action,'ca if Trustor tad$ to <br />pay Trustor's debts generally as they become due. Ilion Beneficiary atiPonoliciary s option and without riot ce toor demand upon Trustvi-a :nd <br />without releasing Trustor from any obligation hereunder. Wray meku such.appeafl•.,^,g3, disburse such sums arldtahesuch action as tsne. 'riA'frLry <br />to protect Beneficiary s interest, including. but not lirmtnd to diubursemem.; ,' reasonable attorney's fees, payment, p,-nhase, contest or <br />compromise of any encumbrance, charge or Iron, entry upon rho Prapr,•fi lr to rake repairs. or declaration of default under • his ?rust peed In the <br />event that TfwIcr shall fail to procure insurance a to ;ray iw :nn,.atirr: tlr.•t !y or any other charges or to make any paytr, -tl,A + :i any existing or <br />Subsequent heh:'►ofders or existing or subsequent benehc,anes, puntllt• :er, ?, -.3y procure such insurance ar•d crake such pp: ;went, but shall not <br />be obligated to do so. Any amounts disbursed by ©nnaht rarl�liurcu;� +.{a. 3:.s Paragraph 6 shall become a:J s%:mal indebtedness of Trustor <br />secured by this Trust Deed Such amounts shall be payrthle :loan art :; >. h. i3f neficiary to Trustor requesting payment thereof, and sha'J bear <br />interest from the date of disbursement at the rate payablglrramr(tne outstanding principal under the NQteunless payment ofmr•j r.u;tat <br />such rate would be contrary to applicablu law. in whit:h +loam such arc,;i;r':,, shall bear interest at the highest rate permissit6i ;rider ar F;.3L:e <br />taw. Nothing contained in this Paragraph i'r.hall inqueto Benohciaryrsirrl, ,r any expense or take any action hereunder <br />7. ASSIGNMENT OF R &AbT'S '8ani I(Jary shall havii the right, power and authority during the continuance of this Trust Deed to ccv44~1 r he <br />rents. issues and profits c].IT•d Fr. Ge- i. ;;,;d of any personal property located thereon with or without taking possession of the properly al"ected <br />hereby, and Tr; ;[Gr heresy dosolutely and unconditionally assigns all such rents, issues and profits to Beneficiary Benoftciary, however, hereby <br />consents toll &1:rustor's collection and relinition of such rents• issues and Profits as they accrue and become payable so long as Trustor is not. at <br />suchlime, ,n e`.ef•ault with respect to oayment of any indebtedness secured hereby, or in the performance of any agreement hereunder Upon any <br />such default, Szoneficiary may at any time. either in person. by agent, or by a receiver to be appointed by a court. without notice and without regard <br />to the adequacy of any security for the indebtedness her eby secured. (a) enter upon and take possession of the Prc,petty or any part thereof. and in <br />its own name sue for or otherwise collect such rents. rs3uos and profits, including those past due end unpaid 3,cd apply Iha satne less costs artd <br />expenses of operation and collection. irrluding reasonable attorneys fees upon any indebtedness sec:. wi hereby. a 1 n such ardor as <br />Beneficiary -,iy determine, lb) perform such acts of repair or protadion as maybe necessary or p,opertoconservothove :,,m of the Property.Ic) <br />lease the samo of any parr thoroof for suet+ rental, form. and upon such conditions as its judgmepl rini 1, dictate• or terminate on in oist the terms and <br />conditions of eiissting teases Unless Trustor and Beneficiary thereof agree otherw'se in writing, any application of fonts. issue's or profts In any <br />indebtedness secured herfif:f shall not extend or postpone the due date of the installment payments as plc; i` -led in said promissory ',<;r.; or <br />change the amount of such installments T179 entering upon and taking possession of the Property. thci cot iccui:fi ,, sue hlrenf3. issues and Profits. <br />and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder or invalidate :;r 1&,-, done pursuant to <br />suchnolice Trustor also assigns toBonofrciary, asfurthersecurlylottheperformanceo ftheobligationssecuredhet.?t;y �t,cf- Nifdromsandafl <br />monios which may have been or may hereafter bu depwAodw:Ih said Trustor by any lessee of the Properly. to sec ur? tr`,_ p<iyntent of any rent or <br />damages, or upon default in the performance of any of tho provisions hereof Pustor agrees to deliver such rents and deposits to Beneficiary <br />OtliveryofwrittennoticeofBeneficiary' sexorciseofthefighisgrantedheren to ally tenant occupymg said premises still! besufhc tent torequire <br />said tenant to pay rent to the Beneficiary until further notice <br />B CONDEMNATION. If title to any par; of the Property shall be taken in condemnation proceedings, by right of eminent domain or similar <br />action, or shall be sold under threat of condemnation, all awards. damages and proceeds are hereby assigned and shall be paid to lieN7f cr,ir i <br />who shall apply such awards. rfarnstvae art@ prnrnar 9 to the sum secured tiv tart: Trust Dccd, silt: the eztasa. 4 any paid Tr, `:, aft,: tf 'I r"tiWif <br />receives any, notice or other information regarding such actions or proceeding;. Trustor shall give prompt written notice thereof to ReneGc,,r. y <br />Beneficiary shall be entitled. at its opton, to commence. appear in and prosecute in as uwn name any such ar:liun ur U,pt t:erf+rg , <ir,d arr.su rt• <br />entitled to make any comprormsv or rmttement in cennoctiun with any such action or proceedings <br />9 FUTURE ADVANCES. Upon request of Tfusiuy Boileficiary al fienelic,ary s option prior fu rE ctinvpyaim of fill r pvc pw,ty I(, t •,,,,i „• r r <br />n „rwriyi,rrn , jy rte ^fit cis wrth interest <br />VTru�ir;r �uChfaTdty :+ifvirry tnorcon. ShalibE) SeCWUdbylfn!. frjl, tt7Uel16 'r'PitPV.,tpri,•,ihy,•rr,m.,y. „ <br />rritn, stat:ril that said notim are zecured hereby plovalo9 that at nu I,liie !,hall the secured pr icip.lt a,+d future advallaf,s P.11 M0,10 •,t,..: <br />a4v,tn1 ed 10 t;rrdect the %ec±irrty exceed iris hundittd percont 121101.,, of the onq,na: pr,riCipai amf,,,w,. •j., othd t'etr'i,j <br />, <br />4 <br />