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r <br />4- <br />On- I ARAOR <br />insurance premiums, ground rents. anti 0 Whar charges whatsoever levied upon a? a o:. IN a Vnsl the Trust <br />Property, Trustor further agrees, upon written request by senevelary, to promptly crover to 9Pn9ficJTT at/ recelpft for the payment of <br />uch charges. ThrWor hikeWso agre.58 to pir gy t-,ues, assessments and other ckwqDs lavied upon or assessed. placed or made <br />against, or measured by, this Dead of Trust or the recordation hereof. <br />S. . awn of Payments. A#paynwts received by Nclary as to any debt, h4Wlity or obligation owed i Beneficiary by Trustor <br />may be applied by Benelyclety to ft payment of the Indebtedness or to any such othe., debt liability or oVigation, in any order or <br />manner of application which Beneficlary, in its absolute discretion, deems appropilita. Unless otherwise erected by Berieficialy. any <br />such payawnt shag be deemed a * d first to the payment of any debt, liability or obligation other than the Wo. <br />B. Charges., Uens. Truster wig keep the Trust Property free froin all fiens and encumbeances which in any way may, in the judgment of <br />Bemiklmy. have p,*v#y om of tmP&f the security of. this Deed of Trust but Trustor need not discharge any such hen so tong as <br />Trustor shall agree, in wvOng. to Pay MO obligation secured by such hen in a marrivy acceptable to Beneficiary and shalt in good faith <br />conlost such lion by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss o? any intemst in or <br />Part at " Trust Property. <br />7. Hazard Insurance. Trustor 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 Am by fire, hazards included in the term "extended coverage" and <br />such other hazards, casualties and rontingencies as may be required by Beneficiary, in such amounts and for such periods as may be <br />required by Beneficiary. The policy at insurance shall be in farm acceptable to Beneficiary. provide that the same 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 acceplabIt to Beneficiary. All prcmtu= oninsv!ances policies shall be paid in the manner provided under paragraph 4 hereof <br />or, it not paid in such manner, by Trustor making payment at least fifteen (15) days prior to the due date, directly to the insurance <br />carrier. Beneficiary shall have the tight to hold the policies and renewals thereof and Trustor shall promptly furnish to Beneficiary all <br />renewal notices and all paid premium receipts received by it. to no event shall Beneficiary or Trustee be hold responsible tot failure to <br />pay insurance premiums or for any loss or damage arising out of a defect in any policy or arising out of any failure of any insurance <br />company to pay for any loss or damage Insured against of for failure by Trustor to effect Ma insurance required hereunder. In the event <br />of loss. Trustor shall give prompt natics, by mail to the insurance carrier and Beneficiary. &one flehuy may make proof of loss it not <br />made promptly or in proper farm by Trustor. All poliriRs of insurance and any and all reftinds of unearned earned premiu ms are hereby <br />assigned to Beneficiary as additional securitylvi- the payment of the Indebtedness. In the evWil:ol Beneficiary's exercise of the power <br />of sale contained herein, or in the event of tamialdivin3i all right, title and Interest of Trustor In and to any insurance policy then in force <br />shall pass to the purchaser at the trustee's sdecr ttiazlasure safe. In case of any loss, the insurance pracc-eds may, at the option of <br />Beneficiary, be applied by Beneficiary. upwv (no s-dewedness, or any part thereat, and in such order and amount as Beneficiary may <br />determine: or said insurance proceeds, fV the option of Beneficiary, may either be used in replacing or restoring the Trust Propqrly <br />partially or totally destroyed to a condition satisfactory to Beneficiary; or said insurance pracwds, or any portion thereof, may be <br />released to Trustor. Unless Beneficiary and Truster otherwise agree in writing, &,zy such application of insurance proceeds shall not <br />extend or postpone the due date of the Note, or any installments called for therein; or change the amount at such installments. It the <br />Trust Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other foreclosure, all tight, title and interest of <br />Trustor in and to any insurance proceeds payable as a result of damage to the Trust Property prior to the sale or acquisition shall pass <br />to Beneficiary and shall be applied ffmt ib the costs and expenses, including attorney fees, incurred in collecting such proceeds, then <br />in the manner and in the order provft$avt-'Irerein. <br />8 preservation and Maintenance of Trust Rmperty. Trustor will keep the buildings and other improvements now or hereafter erected on <br />the Trust Property in good repair and condition and will not commit or permit waste. will not alter the design orstructural character <br />constituting any building now or hereof erected on and constituting the Trust Property without the prior vvnlfur7 consent of <br />Beneficiary, will not do any act or .0ting ;Wick would unduly impair or depreciate the value of the Trust Prmo eily.and will not abandon <br />the Trust Property. Trustor will not reinow any fixtures constituting the Trust Property unless the same arisJr,'mt:diately replaced with <br />like property subject to the lien and socuimly interest of this Deed of Trust and of at least equal value and uVOl'i. Trustor will comply with <br />all present and future ordinances, m9yA46ons and requirements of any governmental body whidi, sir al lsveadtrh to the Trust Property <br />and to the occupancy and use therect. 3 this Deed of Trust is on a unit in a condominium or a p'wnnxd Lunt: deve;icipment, Truster shall <br />perform all of Trustor's obligations under the declarations or covenants creating or governing the co-ndpipinnun- i;r the planned unit <br />development, me bylaws and reguhiijurrf ul flit/ vondurritraurn of planned vattdevej;ppimensl. <br />9. Inspection. Beneficiary or its agents at all reasonable times, enter upon the Trust Property tbr the purpose of inspection. <br />Beneficiary shall have no duty to make such inspection and shall not be liable to Truster or to any person in possession it it makes or <br />fails to make any such inspection. <br />10. Protection of Security. It 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 Mersin or <br />the title of Truster thereto, then Beneficiary, at its option, may perform such convenants 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 fees and entry upon ifie, Trust Property to make repairs. Any <br />amounts disbursed by Beneficiary purw.,ant to this paragraph 10, with interest thereon, shall r.onstruire Indebtedness of Trustor <br />secured by this Deea of Trust. finless Trustor and Beneficiary agree to other terms. of paymeft., such arriounfZZhall be payable upon <br />notice from Beneficiary to rrustar iv=- esiling payment thereof, and shall bear rafnnz• from the date of disbursement at the default rate. <br />it any, set faith in the Note, or a & eznv •t e at the highest rate permitted by law. Nothing can laurred in this paragraph shall require <br />Beneficiary to Incur any expense, (--r like any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon <br />the Trust Property as Trustor's aq W-. arid, in Truster's name or otherwise to perform any and all covenants and agreements to be <br />performed by Truster as herein pmvided. Beneficiary shag, at its option, be subrogated to any encumbrance. lien, claim or demand <br />and to all tights and secunties for Me payment thereof paid or discharged by Beneficiary under the provisions hereof and any such <br />subrogation tights shall be additional and cumulative security for this Deed of Trust. <br />11. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in connection with any condemnation or <br />other taking of the Trust Pmpely, 6r m7y part thereof, or for conveyance in lieu of or in anticipation of condemnation, are hereby <br />assigned to and shall be pe%d to. 13aneficiaty. Truster will file and prosecute. in good faith and with due diligence, its claim for any such <br />award or payment, and -wig caus-e• the same to be collected and paid to Beneficiary, and, should it fail to do so. Truster irrevocably <br />authorizes and empalwors; Beneficiary, in the name of Trustor or otherwise, to No, prosecute. settle or compromise any such claim and <br />to collect, receipt for and retain the proceeds. If the Trust Property is abandoned, by Truster. or, after notice by Beneficiary to Trustor <br />otters to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within thirty (30) days <br />that Me condemnor af th <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 reilsaiiable costs and expenses. including attorney fees, which may have <br />been incurred by Beneficiary in rho collection thereat, et die solli•discretion of Beneficiary, he released to Trustor. applied to <br />restoration of Trust Property, or applied to the payment Of the Indebtedness, Unless Beneficiary and Trustor otherwise agree in writing, <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 far thereunder. <br />12. Trustor Not Released. Extension of the time for payment or modification of any amortization at the Indebtedness granted by Beneficiary <br />to any Successor in interest of Trustor shall not operate to release. 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 Trustees successors <br />in interest. <br />13. Financial Information. Upon request of Beneficiary, Trustor wig provide to Beneficiary. within ninety (90) days: of the close of each fiscal <br />year of Thistor, the consolidated balance sheet and statement of earnings of Truster and any and all guarantors of the Indebtedness <br />Secured hereby, if any, and will provide and deliver to Beneficiary such other financial information at7d)n such manner as Beneficiary <br />may reasonably request from time to time. <br />14. Financial Covenants. In addition to any other financial covenants of Trustor made in any other agreement, instrument of document. <br />Trustor shall comply with and shall cause any ard all guarantors of the Indeblearess secured hereby to comply with, or be in <br />compliance with, the following financial covenants: rrhis paragraph shall not apply if covenants and requirements are not set <br />faith herein.) <br />15. Schedule of Leases. Within ten (10) days after demand. Trustor shad furnish to Beneficiary a schedule. cervired to by Truster, setting <br />faith all leases of the Trust Property. or any portion thereof. including in each case. the name of the tenants or occupants. a description <br />of the space occupied by such tenant or occupant. the rental payable for such space. and such other information and documents with <br />respect to such leases and tenancies as Beneficiary may reasonably request <br />Cto <br />