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r <br />T <br />r- <br />7 <br />insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against the Trust <br />Property. Trustor /arther agrees, upon wriffen request by Beneficiary , to prompty 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 />against, or measured by, this Deed of Trust or the recordation hereof. <br />5. Application of Payments. All payments received by Beneficiary as to any debt, liability 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 />manner of application which Beneficiary, in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any <br />such payment shall be deemed applied first to the payment of any debt liability or obligation other than the Note. <br />6. Charges; Liens. Trustor will keep the Trust Property free from all liens and encumbrances which in any way may, in the judgment of <br />Senefrdary, have priority over. or impair the security of, this Deed of Trust but Trustor need not discharge any such lien so long as <br />Trustor shall agree, in writing, to pay the obligation secured by such lien in a manner acceptable to Beneficlary and shall In good faith <br />contest such lien by appropriate legal pmcoadings effective to prevent tiro 4nforcr meat of the lien and the loss of any Interest in or <br />part of the Trust Property. <br />7. Hazard Insurance. Trustor shall keep the buildings and other improvements now existing or hereafter erected on the Trust Property <br />V.,, insured by insurance carriers satisfactory to Beneficiary against loss by fire, hazards included in the tern "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 />ka <br />roVred by Beneficiary. The policy of insurance shall be in form acceptable to Beneficiary, provide that the same may not be <br />GO <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 Benefidary. All premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof <br />Q or, it not paid in such manner, by Trustor making payment at least Men (15) days prior to the due date, directly to the insurance <br />carrier. Beneficiary shall have the right to hold the policies and renewalz thereof and Trustor shall promptly furnish to BeneFdiary all <br />renewal notices and all paid premium r .fits received hy.1. In na e.s:itshall Beneficiary or Trustee be held responsi0F.- .'.�rfa,Ture to <br />pay insurance premiums or for any tcp� cc menage arisiar,T,• nut of a de..%V in any pail cy or arising out of any, fadure of ao ,hs stce .. • , <br />Mmparry to pay for any loss cr danxa � ri d agate t"Gtrt r failure by Trustor .?a of ci the insura•ce rt +gz? <br />':417kes " "tiet7einssantecareer,azd <br />Trusidrsha/lgiveprc+nlctr>Glfrt r-er1 <br />... !tn l?rcr►►FlfX 4rin proper form .L• : rus </fil jrolicie� al insurance 7tt nip? i3funds of ua pav�-ra )a�3rtt,�rs_avi5xi! -8 <br />.. iass�tW_ llrir�ryas. a�' d, 3eria/ se�uuitk• fyrthepay�- r�htofL�etlr�i ✓�;,:�- �x,���tathesv�r+ai` ire ,�sr:����r�,-�.��r?i�sp•^;r;c -n .,•,�_�• ::., <br />- ' <br />ct`.3al r Lr tiO7gdtte,,b;n, call^r Me. event of fb'riclosure. afir;ht title and', a.� r,astorin and to any insasrz. <br />slim![ piss b &e purchaser, a &ftO trustee's sale or forsc'rmue sale. In case ct amt- fiats, the insurance proceeds may, <br />Smet'cfary, be a): plied by Sereficiary upon the Jndetstadness, or any part tho -eat: and in such order and amount as Bwzfciarf may.: , <br />dem,ngne; orsatd insurance 1.:?:ceeds, at the option of Beneficiary, may eitherbe uzed in replacing or restoring the Tnis: pmperty ' <br />paMally or totally destroyed to a condition satisfactory to Beneficiary; or said insun-vice proceeds, or any portion thereof, may be <br />to.'eased to Trusty Unless Eaneyciary and Trustor otherwise agree in writing, any +•such application of insurance proceeds shall net <br />extend or postpone the due date of the Note, or any installments called for therein, or change the amount of such installments. If the <br />Trust Property is acquired by Beneficiary pursuant to fire exercise of the power of sale or other foreclosure, all right 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 at acquisition shall pass <br />to Beneficiary and O11 be applied first to the costs and expenses, including attorney fees, Incurred in collecting such proceeds, then <br />In the manner and in the order provided herein. <br />8. Preservation and Maintenance of Trust Property. 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 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 />the Trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the same 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 u111* Truster will comply with <br />all present and future ordinances, regulations and requirements of any governmental Cody which are applicable to the Trust Property <br />and to the occupancy and use thereof. If this Deed of Trust is on a unit in a condominium era planned unit, development, Trustor shall <br />perform allot Trustor's obligations under the declarations or covenants creating crgoveming the condominium or the planned unit <br />development, the bylaws and regulations of the condominium or planned unit development, and the constituent documents. <br />9. inspection. Beneficiary or its agents may, at all reasonable times, enter upon the Trust Property for the purpose of inspection. <br />Beneficiary shall have no duty to make such inspection and shall not be liable to Trustor or to any person in possession if 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, cc cf, zny action <br />or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or Benelicr'a,•y therein or <br />the title of Trustor 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 1 rrs*d to, disbursement of reasonable attorney fees and entry upon the Trust R perty to make repairs. Amy <br />amounts disbursed by Berz hoary pursuant to this paragraph 10, with interest thereon, shall constitute Indebtedness of Trustor <br />secured by this Deed of Trw,,, Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be payable upon <br />notice from Beneficiary to Trua r requesting payment thereof, and shall bear interest from the date of disbursement at the default rate, <br />9 any, set forth in the Note, o!, a.':ierwise at the highest rate permitted by law. Nothing contained in this paragraph shall require <br />Beneficiary to incur any e)W -.se or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon <br />the Trust Property as Trusters 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 subrogatod to any encumbrance, lien, claim or demand <br />and to all 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 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 Property, or any part thereof, or for conveyance in lieu of or in anticipation of condemnation, are hereby <br />assigned to and shall be paid to Beneficiary. Trustor will file and prosecute, in good faith and with due diligence, its claim for any such <br />award or payment, and will cause the same to be collected and 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. if the Trust Property is abandoned by Trustor, or, after notice by Beneficiary to Trustor <br />that the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within thirty (30) days <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 fees, which may have <br />been Incurred by Beneficiary in the collection thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to <br />restoration of trust Property, .: applied cr JPs payment of the Indebtedness. Unless Beneficiary and Trustor otherwise in writing, <br />airy such application of pra,xrsd,; ea rF: �-sr,s- nest sf:ilft r7ot extend or postpone &,G, due date of the Note or ere parr -?r- T fe. _ -y <br />mraaff,ments called for <br />12. Thxtor Not R614ased. modr`icivYcn of ar; ai,: crfization of 09 Indebtedness <br />to any succer*nrir. in`eraw c(. my cpefe;a to release,. n a!�j : serer, the fiabikk r,(- r,rustor and Trustor's <br />Interest Benk -teary shaft r �gf: .•equlreo is commer b procesrr ^,,^ :� :.,yin - s,<v^�: cuccas cx ruse ='a »d tirrr r r' -p ;l x.- , <br />otherwise modify amortizaVrarrr:,* the indebtedness tVs °ason of any demand rY46ty- by Trustor a^ r: i;rr s -successors ' <br />in Interest. " <br />13. Financial information. Upon request of Beneficiary, Trustor will provide to Beneficiary within ninety (90) days of the close of each fiseai <br />; <br />year of Truster, the consolidated balance sheet and statement of eamings of Trustor and any and all guarantors of the Indebtedness <br />; , <br />secured hereby, if any, and will provide and deliver to Beneficiary such other financial information and in such manner as Beneficiary <br />may reasonably request from time to time. <br />r` <br />cG <br />14. Financial Covenants. in addition to any other financial covenants of Trustor made in any other agreement, instrument or document. <br />t n <br />Trustor shall comply with and shall cause any and all guarantors of the Indebtedness secured hereby to comply with, or be in <br />compliance with, the following financial covenants: (This paragraph shall not apply it covenants and requirements are riot set <br />forth herein./ <br />15. Schedule of Leases. Within ten (10) days after demand, Trustor shall furnish to Beneficiary a schedule. ce►Of ed to by Irustr,r Betting <br />_ <br />forth all teases of the Trust Property, or any portion thereof, including in each case. tho narno al tho tenants or nccup.rnts, a description <br />of the space occupied by such tenant or occupant, tho rental payable for such space,. and sue: h other ,rdorrndberi ; ura ,teeun;onts PirUr <br />respect to such leases and tenancies as Beneficiary mayreasonahly request <br />, <br />