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- <br />i1f11! L r f[ t �i )) -1- <br />�� <br />�l f _� +l t c <br />C.i i :' <br />_ {.'.. a [ i i 1 °�`.d�C•yE�,C S i -� <br />�.•i <br />i r.4- - -�°'.• Cj + ��t� <br />- •:.,ri .'rri: '�: <br />�' %;'`` <br />�— <br />r + i Vin. - -Ar <br />.�3i�,• =_! _ _ = . ;- .`++�w�.•��_�'w.- <br />-..-s- �..ni• .4Y «.pier _ _ -. <br />_ -. _ • i \'. <br />'.i', _ — � _-_ ._ -_. <br />m <br />ve <br />i_ <br />�3c <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when duo the principal of and interest on iho rndoblednoss <br />by the Note. and all otherCha(gf s and fees asprovidad In the Note, and the ptmcIpal of and rnteraston any Future Advances secured <br />this Trust Deed. <br />2. WARRANTY OFTITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate lathe Properly hereby conveyed <br />and has the right to grant and convey the Property, the Property is free and clear of all liens and encumbrances except lions now of recoro and <br />Trustor will warrant and defend the title to the Property against all claims and domands. <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS, Trustor shall keepthe Property in good repair and condition and shall nrtcomm,tw,ast0 <br />or permit impairment or deterioration of the Property and shall comply with the provisions of any lease it this Trust Deed is on a leasohold No <br />improvement now or hereafter elected uponthe Property shall be altered, removed or demolished without the prior written consent of Benofic tat V <br />Trustor shall comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property and not commit suffer or <br />permit any act to be done in or upon the Properly in violation of any law, ordinance, regulation, covenant. condition or restriction Trustor shall <br />complete or restore promptly and in good workmanlike manner any improvement on the Properly v,h,ch maybe damaged nr destroyed and Day. <br />when due, all claims for labor performed and materials furnished therefor and for any alterations thereof <br />4. INSURANCE. Trustor, at its expense. will maintainwith insurers approved by Beneficiary• insurance with respect lathe improvements and <br />personal property, constituting the Property, against loss by fire. lightning, tornado, and other perils and hazards covered by standard extended <br />coverage indorsement, in an amount equal to at least one hundred percent (100 %) of the full replacement value thereof and insurance against <br />such other hazards and I n such amounts as is customarily carried by owners and operators of similar properties or as Beneficiary may require for <br />its protection. Trustor wiII comply with such other requirements as Beneficiary may from time to time request for the protection by insurance of Iho <br />Interests of the resps•CUwrr parties. All insurance policies maintained pursuant to Ill rs Trust Deed shall name Trustor and Beneficiary as insured, as <br />their re.1pughve interests may appear, and providethat there be no cancellation or modification without at least IS days prior wf men nolificationto <br />Trustee uhd 13eneficimy may procure such Insurance in accordance, vAlf-Nthe provisions of paragraph hereof. Trustor shall deliver ia, Beneficiary <br />theongtisl policreaofinnutance and renewals thereof or memo cop, esvrsuch policies and renewalsthereof. Failure to furnish surirr;, surance by <br />Trustor, of renewMe.,as required hereunder Shall, at the option of BervOi.riary, constitute a default <br />5. TAXES, ASSEtSIWENTS AND CHARGES. Trustor shall pay all taxes. assessments and other charges. including, without limitation, fines <br />and impositions attributable to the Property and leasehold payments or ground rents, it any, before the same become delinquent Trustor shall <br />promptly furnish to beneficiary all notices of amounts due under this paragraph. and in the event Trustor shall make payment directly, Truster shall <br />promptly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's interest herein or upon 1Rts Trust Deed without regard to any law that may be enacted imposing payment of the whole or any part <br />thereof upon the Beneficiary. <br />6. ADDITIONAL LIENS AND pRori ECTION OF BENEFICIARY'S SECURITY. Trustor shall make all payments of interest and principal and <br />payments of any other charges, fens and expenses contracted,?- 4e• paid to any existing or subsequent henhotder or beneficiary. under any <br />ex,stinger subsequent mortgage or Iru,stdeed before the date,ilner• arcaelingent or in default. and promptly pay and discharge any and all other <br />liens. claims or charges which may jeopardize the s 6clur =ly 91alnit94 "hereln. if Trustor fails to make any such payment or fails ip pwto rm any of the <br />covenants and agreements contained rn this Trust Deed. or the Note referred to herein, or in any prior or subse ouenttrust deed. or it any action or <br />proceeding is commetrced which materially affects Beneficiary "s interest in the Property. including. but not ltmkved:to. eminent domain proceel- <br />rags, proceedings it voli:ing a decedent, notice of sale by Trustee. notice of default by Trustee, mortgage foreteasuce action, or it Trustor fails to <br />pay Truster's debts generally as they become due, then Beneficiary, at Beneficiary's option and without notr,e to or demand upon Trustor and <br />Without fateasing Traitor from any ebitgabon hereunder• may make such appearances, disburse such w <br />ans anti f axe such action as is necessary <br />to protect Seneficiacy"s interest. including, but not limited to. disbursement of reasonable attorney "s fees, payment, purchase, contest or <br />compromise of arty enc•ambrance. charge or lien, entry upon the Properly to make repairs. or declaration of default under this Trust Deed. In the <br />event that Truster Shzill. frail to procure insurance or to pay taxes. assessments. or any other charges or to make any payments to any existing or <br />subsequent Itept9asaers or existing or subsequent beneficiaries. Beneficiary may procure such insurance and make such payment, but shall not <br />be obligated to do so. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional intlebtedness of Trustor <br />secured bythis Trust Deed. Such amounts Shall be payable upon notice from Beneficiary to Trustor requesting payment thereat and shall bear <br />interesutrom the date of disbursement at the rate payable from time to time on outstanding principal uederthe Note unless peL?fnertof interest at <br />such rzile'would be c .nn!rary to applicable law, in whtch event such amounts shall bear interest at the highest rate permissible, unoer applicable <br />law. Nothing conl9maft in this Paragraph 6 shall reo%pre Beneficiary to incur any expense or take any action nere:ender <br />7. ASSIGNMEWT OF RENTS. Beneficiary shall pace the right,.ftower and authority during the continvanve vt iir,s Trust Deed to coftec: Vic <br />rents, issues and profits of the Property and of any personal properly located thereon with or w,ihou:.iakm9 pb9sesston of the property affected <br />hereby. and Trustor hereby absolutely and unconditionally assigns ail such rents. issues and pro7•1,340 Beneficiary. Beneficiary, however, hereby <br />consents to the Trustor's collection and retention of s uch rents. issues and profits as they accrue Av d hecome payable so tong as Trustor is not, at <br />suchtime. indefauitwith respeetto payment at any indebtedness secured hereby. or inthe performance otany agreement hereunder. Upon any <br />such default. Beneficiary 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 />totMe; adsquatcy of any securrlyfor the indebtedness hereby secured, (a) enter upon and take possession of the Property or any part thereof, ancQ-!n <br />ttsaa+ nnamesueforor otherwise collectsuch rents. issues and rr,:.g ls• includingthosepastdueandunpaid ,andapplythesame.tesscostsand <br />expenses of operation and collection, including reasonable aro;c.,? {'s fees. upon any indebtedness secured hereby. and in such order as <br />Beneficiary may determine: (b) perforr such acts of repair or pral;ecb 4n as may be necessary or proper to conserve the value otthe Property :lcl <br />lease the same or any part thereof for such rental, term, caad it pcn s"cn conditiot:S as its judgment may dvcfate,p, aermmate or adjust the terms and <br />conditions of existing leases. Unless Trustor and prnaficiary h'e'reof agree otherwse. in writing, any app;•s.;ten cf rents, issues or profits to any <br />intlebtedness secured hereby shall not extend or poptpone the.due date of the installment payments asgrovided in said promissory nose: or <br />change the amount of such installments. The entering upon and lalsr» g possession of the Property.'Pe col'ec`•onpt such rents. issues and profits. <br />and the application thereof as aforesaid, shalt notwaive or cure any default or notice of default hereunder or invalidate any act done pursuant to <br />such notice. Trustor also assigns to Beneficiary, asfurther security for the performance of the obligations secured hereby. all prepaid rents and all <br />monreswhich may havebeen or may hereafter be deposited with said Trustor by any lessee of the Property. to secure the payment of any rerit rir <br />damages. or upon default in the performance of riny,•of The provisions hereof. Trustor agrees to deliver such rents and deposits to Beneficiary.. <br />Delivery of written noliceof Beneficiary's exercise ofthe :tghts granted herein.to rytenantocrupyingsaidpremisesshallbesufficienttorequae <br />Said'ienantto pay rent to the Beneficiary until further notice <br />8. CONDEMNATION. it title to any part of the Properly 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 Beneficiary <br />who shall apply such awards. damages and proceeds to the sum secured by this Trust Deed. with the excess. it any, paid to Trustor if Tn,slor <br />receives any notice or other information regarding such actions or proceedings. Trustor shall give prompt written notice thereof to Beneficiary <br />Beneficiary shall be entitled- at its option. to commence, appeal in and prosecute m its own name any such action or proceedings and shall be <br />entitled to make any compromise or settlement to connection with any such act.on or proceedings <br />9 FUTURE ADVANCES. Upon request of Trustor- Beneficiary at Beneficiary soplior. prior to reconveyance of the Properly to Trustor. may <br />make future advances to Trustor Such future advances. wilhrnterestthereon shall besecutedbyt s trust Deed when evidenced byp •ontrrce0il <br />notes stating that said notes are secured I-ereby. provided that at no time shall the secured pri,%rsal and future advances nor inc ..J ng sums <br />advanced to protettthe security. exceed two hundred percent ('1.011',1 of the original principal amounts secured hereby <br />C'.7 <br />i <br />9.i <br />r <br />.,;,w- <br />m <br />ve <br />i_ <br />i <br />