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__�....- -- <br />erns._ <br />.. ........�....._.,...« ._,...... -.. _.... <br />InsurSwe premiums, prow ?d rents, and alt other charges whatsoever levied upcm or assessed, placed or made against the Trust <br />written request by Benoficiary, to PrGmptty deliver to Beneficiary all receipts for the pavntant of <br />= _ <br />prop". Truster furth9t agrees, upon <br />such charges. Trust�+ltawue agrees to pay all taxes, assessments and other charges r;, tiad upon or assessed, placed or mado <br />against, or measured by. this [Teed of Trust or the recorderon hartxaE <br />5. AppltcaMn of Payments. All payments received by Beneficiary as to any debt, liability or obligation owed to Beneficiaq by Tnrstot <br />-_- <br />-�- <br />may be applied by Beneficlary to tie payment of the Indebtedness a, to any such other debt, liability or obligation, in any order or <br />Beneficiary, in its absolute discrv!"'an, deems appropriate. Unless otherwise elected by Beneficiary. an; <br />'VA, _ <br />manner of application which <br />such payment shall be deemed applied first to the payment of any debt; liability or obligation other than the Note. <br />- -- <br />6. Chargas; Liens. Trustor will keep the Trust Property free from all hens and encumbrances which in any way may, in tha judgment of <br />= <br />Beneficiary, have priority over, or impair the secunly of, this Deed of Trust but Trustor need not discharge any suc.`r lien so tong as <br />by such lien in a mariner acceptable to Beneficiary acid shall In good faith <br />- <br />Truster shall agree, in writing, to pay the obligation secured <br />contest such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any interest in or <br />; <br />part of the Trust Property. <br />T. Hazard insurance. Truster shall keep the buildings and other improvements now existing or hereafter erected on the Trust Property <br />-. <br />- D insurance camers satisfactory to Beneficiary against loss by tire, hazards included in the term "extended coverage" and, <br />insured y <br />as may be required by Beneficiary. in such amounts and for such periods as may be <br />- such other hazards, casualties and contingencies <br />required by Beneficiary. The policy of insurance shall be in form acceptable to Beneficiary, provide that the same may not be <br />to Beneficiary, and shall have loss payable provisions in favor of and <br />;h u;i, °d ;y: ,; ? -;; '• .- <br />cancelled orrnodifietf without fifteen (15) days prior written notice <br />in form acceptable to Beneficiary. All premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof <br />f <br />or, if not paid in such manner, by Truster making payment at least fifteen (15) days prior to the due date, directly to the insurance <br />tix,•mmt and Trustor shall prompty. t4mish to Beneficiary all <br />.. <br />carrier. Beneficiary shalt have the right to hold the policies and rorlewals <br />renewal notices and all paid premium receipts received by it /tr no event h „It Beneficiary or Trustee t1r3� 11K 0 responsible for failure to <br />pay insurance premiums or for any loss or damage arising our cf• a ddw.t irr. ;ry; y policy of arming out of w7y., farilure of any insurance <br />company to pay for any loss or damage insured against or for tirilure l,)y r/wswr to ottecr rf .rrsvrance rscTuved hereunder. In the event <br />1 :• <br />j <br />of loss, Truster shall give prompt; r?Wjce by mail i4 the insur dttr„ra :;n7• er, .$ rd Seneficiary. 13iyri,- �;ciary may make proof Qfrlrlss it not <br />ana';wTy, refuncs of unearned tfremiums alr� rtareby <br />� n: <br />made promptly or in proper form by Truster. Ail IaNicies of insurance ,;.nd all <br />to Beneficiary as additional securi1VAx- the payment of the lndel t.-- dress. In the event of Beneficiary's exercise of the power <br />assigned <br />of sate contained t rein, or in the event of foreclosure, all right, title and imai c.- of Trustor?” and to any insurance policy ff"en in force <br />foreclosure In case of any toss, ore in trance proceeds may, al :li.,e option car" <br />srtat! pass to the purchaser at the trustee's sale or sale. <br />BeneNciary, be applied by Beneficiary upon the Indebtedness, car any part thereof, and BT •SIrIy? order and amount as lac siary may <br />' <br />date=ine; or salc+ insurance proceeds, at the option of Be, .0tiary, may either be used in na(,yt,:cing or restoring the Tn s: Property <br />to satisfactory to Bener.-ciary; or said insurance prociivds, or any portion thereof, may be <br />I <br />partially or totW,'y destroyed a condition <br />released to Trustor. Unless Beneficiary and Truster otherwise agree in wr t rn. any such application of insurance proceeds shall not <br />' <br />extend or postpone the due date of the Note, or any installments called far uta- 'ein, or change the amount of such installments. If the <br />to the exercise of the putter of sale or other foreclosure, all right title and interest of <br />Trust Property is acquired by Beneficiary pursuant <br />Trustor in and to any insurance proceeds payable as a result of damage to the Trust Popery prior to the sale or acquisition shall pass <br />; <br />to Beneficiary and shall be applied first to the costs and expenses, including attorney fees , %urred in collecting such proceeds, then <br />in the manner and in the order provided herein. <br />8. Preservation and Waintenance of Trust Property. Trustor will keep the buildir rs and ocher u-rrrr vem£ais row or hereafter erected on <br />the Trust Property in good repair and condition and will not commit of permit lxaste. milt nct VVt the oasaan or structural character <br />constituting any building now or hereafter erected on and constituting the 7rrs1 Prope -,}r *,if avi the prior written consent of <br />, <br />Beneficiary, wNl not do any act or thing which would unduly impair or depreciate the vaiLe a` Me 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 utility. Trustor will comply with <br />! : <br />all present and future ordinances, regulations and requirements of any governmental body 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 or a planned unit development. Trustor shall <br />perform al! of Trustor's obrigaticns under thA rinplarations or covenants creating or qoverning the condominium or the planned unit <br />development, the bylaws and regulations of the condominium or planned unit development, and the constituent documents. <br />; <br />9. Inspection. Beneficiary or its agents may, at all reasonable times, enter upon the Trust Property for the purpose of rrs ryY ilea. <br />Beneficiary shall have no duly to make such inspection and shall not be liable to Trustor or to any person in possessxx ,hit makes or <br />fails to make any such inspection. <br />10. Protection of Security. If Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust, ar.;t ,rrys ,�crron <br />or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or BenVVf-- ,,aril JtPrar+._r <br />the fide of Trustor thereto, than Beneficiary. at its option, may perform such convenants and agreements. make such ,�pl]C�rx: M. <br />defend against and investigate such action or proceed nc; and take such other action as Beneficiary deems necessar)r l ?J: protecbfm ; <br />limited to, disbursement of reasonable attorney fees and entry upon the Trust Property to snake repairs. Acy <br />interest includ&ng, but not <br />amounts disbzrsed'• by Beneficiary pursuanr to finis paragraph 10, with interest thereon, shay constautc . -x lcdness of Trustor <br />secured by this Seed of Trust. Unless Trustor and Beneficiary agree to other terms of payment. such alrjums shall be payable upon <br />notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of ci;sbursement at the default rate. <br />if ary, set forth in the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require <br />Beneficiary, to incur any expense or take any action hereunder. Trustor irrevocably authorzos a.od empowers Beneficiary to enter upon <br />,174- Trust Property as Trustor -s agent and. in Trustor's name or otherwise to perform any and.- all ccvFr•;� is and agreements to be <br />performed by Trustor as herein provided. Beneficiary shall, at its option, be subrogated to any encilml+rance, lien, claim or demand <br />and to all righ a and securities for the payment thereof paid or discharged by Beneficiary under tire pns,r•srons hereof and any sucr* <br />wilrogation rigi.is, shall be additional and cumulative security for this Deed of Trust. <br />i t. Coors, s�rrnaeGr ?: the proceeds of any award or claim for damages. direct or consequermal: -n connection with any condemnation or <br />-rWer IZ.4nrq ilf the Trost Property. or any part thereof, or for conveyance in lieu of or in aJvtcipation of condemnation. are hereby <br />a to. aad:shall be paid to Beneficiary. Trustor will file and prosecute. in good faith and with due diligence. its claim for any <br />award or payrr ev. and will cause the same to be collected and paid to Brlreficiary. and. should it fa l * do so, Trustor irrevocably <br />authorizes amdluy7powers Beneficiary. m J7�_ nerre of Trustor or otheM,,- ,,rz- -, ili-ffle, prosecute. settle or alrnpromise any such claim and <br />to collect, recePt fur and retain the proceeds. Il. fIle Trust Property ,3 aba- ,dinid by Trustor, or, after''rchce by Beneficiary to Trustor <br />that the condemnor offers to make an award or settle a claim fiat oa!nagr-:s., rru?.*grt,;jl:j m: respond to Beneficiary within thirty (30) days <br />affer the date such notice Is 1nai4 rh Beneficiary is authorized lu collect. am o-2p!y in the manner indicated herein. The <br />proceeds of any award or dwm may. after deducting all reasonable coots ;lrrd axpeM 1;.+rIclud ng attorney fees. which may have <br />been incurred by Benehcrary -in r1sr,• $ Jrl9rrtrirr merest, at the sole discretion of Beneftclary, be released to Trustor, applied to <br />restoration of Trusr Property, err apptied m t/m payment of the lndebtedross, Unless Beneficiary and Trustor otherwise agree in wnifing, <br />any such application of proce1313 tb lndebivilness shall not extend or postpone the due date of the Ak)Ia- or the payment of any <br />Installments called for thereurdim <br />72. Trustor Not Released. Extension of the time for payment or modification of any amortization of 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 Trustor'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 fiscal <br />year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the Indebtedness <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 />14. Financial Covenants. In addition to any other financial covenants of Trustor made in any other agreement, instrument or document, <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 not set <br />forth herein.) <br />15. Schedule of Leases. Within ten (10) days after demand. Trustor shall furnish ro Beneficiary a schedule, certified to by Trustor. setting <br />forth all leases of the Trust Property. or any portion thereol, including rr each case. the name of the tenants or occupants. a description <br />oflhe 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 Benefciary may reasonably request <br />