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202207920
<br />or otherwise. The Note, this Deed of Trust, and any and all other documents securing the Note or
<br />otherwise executed in connection therewith, including without limitation guarantees, security
<br />agreements, and assignments of leases and rents, shall be referred to herein as the "Loan
<br />Instruments".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the
<br />Property, and warrants that the lien created hereby is a first and prior lien on the Property and that
<br />the execution and delivery of this Deed of Trust does not violate any contract or other obligation
<br />to which Trustor is subject.
<br />3. Taxes, Assessments. Trustor shall pay, before delinquent, all taxes, special
<br />assessments, and all other charges against the Property now or hereafter levied.
<br />4. Insurance. Trustor shall keep the Property insured against damage by fire hazards
<br />included with the term "extended coverage" and such other hazards as Lender may require, with
<br />companies and in amounts acceptable to Lender, naming Lender as an additional named insured
<br />with loss payable to the Lender. In case of loss under such policies, Lender is authorized to adjust,
<br />collect, and compromise all claims thereunder and shall have the option of applying all or part of
<br />the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may
<br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property, or (iii) for any
<br />other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for
<br />the full amount secured hereby before such payment ever took place. Any application of proceeds
<br />to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure
<br />any default thereunder or hereunder.
<br />5. Escrow. If required by Lender, Trustor shall pay to Lender, in such manner as Lender
<br />may designate, sufficient sums to enable Lender to pay all taxes, assessments, and other charges
<br />against the Property as they become due. Further, upon written demand by Lender, Trustor shall
<br />pay to Lender, in such manner as Lender may designate, sufficient sums to enable Lender to pay
<br />as they become due, one or more of the following: (i) the premiums on the property insurance
<br />required hereunder, and (ii) the premiums on any mortgage insurance required by Lender.
<br />6. Maintenance, Repairs, and Compliance with Laws. Trustor shall keep the Property
<br />in good condition and repair; shall promptly repair or replace any improvement that may be
<br />damaged or destroyed; shall not commit or permit any waste or deterioration of the Property; shall
<br />not remove, demolish, or substantially alter any of the improvements on the Property; shall not
<br />commit, suffer, or permit any act to be done in or upon the Property in violation of any law,
<br />ordinance, or regulation; and shall promptly discharge at Trustor's cost and expense all liens,
<br />encumbrances, and charges levied, imposed, or assessed against the Property or any part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages, and
<br />other payments or relief (herein "Proceeds") in connection with condemnation or other taking of
<br />all or any part of the Property, or for conveyance in lieu of condemnation. Lender shall be entitled,
<br />at its option, to commence, appear in, and prosecute in its own name any action or proceeding, and
<br />shall also be entitled to make any compromise or settlement, in connection with such taking or
<br />damage. In the event that any portion of the Property is so taken or damaged, Lender shall have
<br />the option, in its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom
<br />all costs and expenses incurred by Lender in connection with such taking or damage, upon any
<br />indebtedness secured hereby and in such order as Lender may determine, or to apply all such
<br />Proceeds, after such deductions, to the restoration of the Property upon such conditions as Lender
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