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TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS' <br />1. PAVURNT OF PRINCIPAL AND INTIN111T. Trustor shall promptly pay when due the principal of and interest on the indebtedness <br />evidenced by the Note, and all other charges andfess as provided in the Note, and the principal Oland interest on any Future Advances secured <br />by this Trust Deed. <br />2. WARRANTY OF TITLE. Trustor 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 Properly. the Properly is Iree and clear of all liens and encumbrances except 11111111 now Of record; and <br />Trustor will warrant and defend the title to the Properly against all claims and demands. <br />a. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Properly in good repair and condition and shall not commit waste <br />or permit impairment or deterlorallon of the Properly and shall comply with the provisions of any lease it this Trust Deed Is on a leasehold. No <br />Improvement now or hereafter erected upon the Property shall be altered, removed or demolished wrthoutthe prior written consent of Benehclafy. <br />Trustor shall comply withall laws, ordinances, regulations, covenants, conditions and restrictions atfecbngths Property and notcommit. 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 our kmanlikc manner any imprdvwmnnt on the Property which may be damaged or destroyed and pay. <br />when due. all claims for tabor performed and materials furnished therefor and for any alterations thereof <br />4. INSURANCE. Trustor, at its expense. wltt maintain with insurors approved by Beneficiary. insuraance with of05Wtto the improvements and <br />personal property. constituting the Property. against loss by fire, lightning, tornado. and other perils aGry nazards covered by standard extended <br />coverage indorsement, in an amount equal to at least one hundred percent (t 00%) of the full replacemort value thereof and insurance against <br />such other hazards and in such amounts as is customarily carried by owners and operators of simitar prox'ertles or as Ideneficiary may require for <br />its protection. Truslor will Comply with such other requirements as 8enefrcfary may from time to lime requrs'tvr the protection by insurance of the <br />interests of the respective parties. All insurance policies maintained pursuant to this Trust Deed shall nar. Trustor and Beneficiary as insured, as <br />their respective interests may appear, and provide lhatlhere be no cancellation or modification without at least 15 days prior written notification to <br />Trustee and Beneficiary may procure such insurance in accordance with the provisions of paragraph 6 hereof Trustor shell deliver to Beneficiary <br />the original policies of insurance and If enewals thereof . rena *o copies of such policies and renewals thereof Failureta for msh such insurance by <br />Trustor, or renewals as required hereunder shall, at the r; f•on of Beneficiary, constitute a default <br />5. TAXES, ASSESSMENTS AND CHARGES. Truslor 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. if any, before vie same become delinquent Trustor shall <br />promptlyfurnish to beneficiary all notices of amounts due under this paragraph, and in the event Trusty T shall make payment directly. Trustor shall <br />promptly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay a" taxes and assessments which may be levied upon <br />Beneficiary's interest herein or upon this Trust Deed without regard to any law that may e,p enacted imposing payment of the whole or any part <br />thereof upon the Beneficiary. <br />6. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARY'S SECURITY. Trustor snall rna.B a, payments of interest and principal and <br />payments of any other charges. fees and expenses contracted to be paid to any existing or subsor,uen:lienholder or beneficiary, under any <br />existing or subsequent mortgage or trust deed before the date they are aelingent or in default, and promptly pay and discharge any and all other <br />liens. claims or charges which may jeopardize the secu•flu granted herQ,n itTrustc^ta- siomakeanysuchpayme ^ /orfailstoperformanyofthe <br />covenants and agreements contained in this Trust Dotm. of ine Note t ate i-e0 to herefr. or in any prior or subsequerr.1fust deed. or if any action or <br />proceeding is commenced which materially affects Bane" - fvy -s interest in the Property. including. but not limited to eminent domain proceed- <br />ings. proceedings Involving a decedent, notice of sale by Trustee. r.: lice of default by Trustee. mortgage foreclosure action, or if Trustor fails :o <br />pay Truslor's debts generally as they become due. then 13eneticiar7, a': Beneficiary s option and wl:f'o .: notice toot demand upon Truslor and <br />without releasing Trustor from any obligation hereunder, may make such appearances. disburse such s.ims and take such action as is necessary <br />to protect Beneficiary's interest, including, but not limited to. disbursement of reasonable attorney's fees, payment, purchase, contest or <br />compromise of any encumbrance, charge or lien. entry upon the Property to make repairs, or declaration of default under this Trust Deed. In the <br />event that Trustor shall fail to procure insurance or to pay taxes. assessments. or any other charges or to make any payments to any existing or <br />subsequent henholders or existing or subsequent beneficiaries. Beneficiary may procure such insurance and make such payment. but shall not <br />be obllgalo to do so. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional indebtedness of Trustor <br />secured by this Trust Deed. Such amounts shall be payable upon notice from Beneficiary to Truslor requesting payment thereof. and shall beat <br />interest from the date of d13bUrsoment at the rate payao. __• from time to time on outstanding principal under the Note unless payment of interest at <br />such rate would be conraty to applicable law. in whir event such amounts shall bear interest at the highest rate permissible under applicable <br />law. Nothing contained in this Paragraph 6 shall reguefl Beneficiary to incur any expense or take any action her et river <br />7. ASSIGNMENT OF RENTS. Benef -nary shall have the right, power and authority during the continuance of this Trust Deed to Collect the <br />rents. issues and profits of the Properly and of any personal property located thereon with or witht k'"3king possession of the property affected <br />hereby, and Trustorhereby absolutely and unconditionally assigns all such rents. issues and profits to Beneficiary. Beneficiary, however, hereby <br />consentatothe Trustor's collection and retention of such rents, issues and profits as they accrue and oecome payable so long as Trustor is not. at <br />such time, in default wilt' inspect to payment of any indebtedness secured hereby. or in the performance of any agreement hereunder. Upon any <br />such default. Beneficlwy may at any time. either in person, by agent or by a receiver to be appointed by a court. without notice and without regarc <br />to the adequacy of any secunly for the indebtedness hereby secures i a' enter upon and take poSSe35lbn of the Properly or any part 1'"nn.eof, and In <br />its own flame sue for or otherwise collect such rents. issues and pro`.ts. • ncluding those past due anv unpaid. and apply the same. Tess costs and <br />expenses of operafio^ and collection. including reasonable allprrey 3 fees. upon any indebtedness secured hereby. and in such order as <br />Beneficiary may deto•'r: ire III) perform such acts o• repa.ror protection as maybe r.; •r essary or pro ;er to conserve the value of the Property: (c' <br />lease the same or any pa "': "ereof for such rental. let- .l upon such Condition-s As IS judgment may dictate. or terminateor adjust the terms ago <br />conditions of existing leases Unless Trustor and Bere'. r.ary thereof agree olnerw.sP in wul.r.g. any application of rents, issues or profits to any <br />indebfea,,ess secured hereby shall not extend or postpone the c1•;e pate of the irn'a'imer1 Ca', -ents as provided in said prom•SSory note or <br />change I— f? amount of such installments The entering upon andlakirg -, ssess -ofl cl V a P•c:e'% I'ie c_nlleclion at such rents. -W, DS. and profits. <br />and life application thereof as aforesa•d shall not waive or cure any default or notice o,, aeiauit ve,ourder or invalidate any act d. nt• crrsuarl to <br />suchnotree Trustor also assignsloBenehuary ast „•1 ^er security lot the pertprmanct pit^ eon• ga1r ,nssecured hereby. all prepa,•a ems and a. <br />monies which may have been or may hereaf ter becieves ded with said Truster brH it' s9Peo' lleP, voerty. to secure the paymenf.V' Foy •etlt•cf <br />damages, or upon default m the performance of any 0 the provision% hater' T - stn' aC'tres Y ttP ter such rents and deposrls 1: Sere ".• cfa y <br />Delivery of written notice of Beneficiary 9ererr -se of the rfghlSgrantedrere,p t:l i^ i.' e' arttC:..:• ritg said premises shall besuN -cien'is"•aQuise <br />said tenant to pay rent to the Benef•c,ary until furiner notice <br />....,..,,n print' nrni•anganne by right tit eminent domain or similar <br />8 CONOEMNAitOe. it tine ill any N,;,: � :: ;� ^ :.-.:.� : :� ;na:: aC t�rc.^ ^ == -- -•' - - - . . <br />action. or shall be said under threat of condemnation a-- awards. damages an•1 p,oreeds are hereby assigned and shall be paid to Beneficiary <br />who Shen apply such awards damages anti prOr ° °ds to the sum secured by tn,s trust Deed. with the excess if any paid to Trustor If Trustor <br />receives any notice or other intormanon regarding such actions or proceedings- T rustor shall give prompt written notice thereof to Beneficiary <br />Beneficiary shall be entitled at tr3 option to commence appear in and prosecute m ,ts cwn name any such action or proceedings and shall bo <br />entitled to make any compromise or %f4rtfempnl in connection with any such action or proceedings <br />9 FUTURE ADVANCES. Upon request o1 Tfustor. Beneficiary of Beopliciary s option voter f0 reconvevance of the Property to Trustor. may <br />make future advances toTrustor Such futurP advances. witn interest thereon shall be Sectored bv this trust Deed when evidenced by promissory <br />notes slating that said notes are secured hereby provided that at nn time shall the <erured principal and future advances not •ncfud,ng sums <br />advanced to protect the secunly. exceed two hundreC patCent 1200 %1 of the origfnai pnncipai . imounts ,w•uted hereby <br />i <br />1 lit <br />'yc t <br />r R't9a{5r,,• <br />' ••'off• - <br />f ,fit?•' :;i� <br />C, ti <br />