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<br /> <br /> <br /> <br /> •r. !NSURANCE. Trustor, at its expense, will maintain with insurers approved by Beneficiary, insurance with respect to the <br /> Improvements and personal property, constituting the Property, against toss by fi:,¢; ilghtring, tornado, and other perils and hazards <br /> covered by stand ird extender: coverage endorsement, ;:i an amount eq,ial t, ..t loN ct one hundred percent of the full replacement <br /> vaiu,,) thereof and insurance against such other hazards pod in such amounnts a, is customarily carried by owners and operators of <br /> s milar properties or as Beneficiary may require fords protection. Trustor wil! comply with such other requirements as Beneficiary may <br /> from time to time request for the protection by insurance of the interests of thF respective parties, All insurance poiicies maintained <br /> pursuant W this Deed of Trust shall name Trustor and Beneficiary as insureds, as their respective interests may appear, and provide <br /> that there shall be no cancellation o. modification without no less than 15 days prior written notification is Trustee and Beneficiary. In <br /> the event any policy hereunder is not renewed on or before 15 days prior to its expiration date, Trustee or Beneficiary may procure <br /> such insurance in accordance with the provisions ref'paragraph A.6 hereof: Truster shall deliver to Beneficiary the original policies of <br /> insurance and renewals thereof or memo copies of such pclicie.: and renew•.r.ls thG•r^of. Failure to furnish such insurance by Trustor, <br /> or renewals as required hereunder shall, at the option of Beneficiary, constitute a default. <br /> 5. TAXES, ASSESSMENTS AND CHARGES, Truster shall pay all taxes, assessments and other charges, inciudrrg, without <br /> limaation, fines and impositions attributable to the Property, and leasehold payments or ground rents, if any, before the same <br /> become delinquent. Trustor shall promptly furnish to Beneficiary all notices of amounts due under this paragraph, and in the event <br /> Trustor shall make payment directly, Trustor shall promptly furnish to Beneficiary receipts evidencing such payments. Truster shall <br /> pay a!I taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of Trust without regard to <br /> any law that may be enacted imposing payment of the whole or any part thereof upon the Beneficiary. <br /> t 6. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARY'S SECURITY. Trustor shall make all payments of interest and <br /> principal and payments of any other charges, fees and expenses contracted to be paid to any existing lien holders or prior <br /> beneficiares under any prior deed of trust or mortgage before the date they are delinquent and promptly pay and discharge any and <br /> al! other liens, claims or charges which may jeopardize the security granted herein. If Trustor fails to make any such payment or fails <br /> to perform any of the covenants and agreements contained in this Deed of Trust, or in any prior mortgage or deed of trust, or if any <br /> action or proceeding is commenced which materially affects Beneficiary's interest in the Property, including, but not limited to, <br /> eminent domain proceedings, or proceedings involving a decedent, or if Trustor fails to pay Trustor's debts generally as they become <br /> due, then Beneficiary, at Beneficiary's option end without notice to or demand upon Trustor and without releasing Trustor from any <br /> obligation hereunder, may make such appearances, disburse such su and take such action as is necessary to protect <br /> 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, and entry upon the Property to make repairs. In the event that Trustor shall fail to <br /> procure insurance or to pay taxes, assessments, or any other charges or to make any payments to any existing prior lien holders or <br /> beneficiaries, Beneficiary may procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to <br /> this Paragraph A.6 shall become additional indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable <br /> upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the <br /> rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to <br /> applicable law, in which event such amounts shall briar interest at the highest rate permissible under applicable law. Nothing <br /> contained in this Paragraph A.6 shall require Beneficiary to incur any expense or take any action hereunder. <br /> B. IT IS MUTUALLY AGREED THAT: <br /> 1. ASSIGNMENT OF RENTS. Beneficiary shall iave the right, power anti authority during the continuance of this Deed of Trust <br /> to collect the rants, issues and profits of the Property and of any personal property located thereon with or without taking possession <br /> of the property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to <br /> Beneficiary. beneficiary, however, hereby consents to the Trustor's collection and retention of such rents, issues and profits as they <br /> accrue and become payable so long as Trustor is not, at such time, in default with respect to payment of any indebtedness secured <br /> hereby, or in the performance of any agreement hereunder, Upon any such default, Beneficiary may at any time, either in person, by <br /> agent, or by a receiver to be appointed by a court, without notice and without regard to the adequacy of any security for the <br /> indebtedness hereby secured, (a) enter upon and take possr',ssion of the Property or any part thereof, and in its olY9 name sue for or <br /> otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses <br /> of operation and cvlection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such order as <br /> 3cneficiary may determine; (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of the <br /> Property; (c) lease the same or any part thereof for such rental, term, and upon such conditions as its judgment may dicrrte or <br /> terminate, or adjust the terms and conditions of existing leased. Unless Truster and Beneficiary thereof agree otherwise in writing, <br /> any application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the <br /> installment payments as provided in said promissory note or change the amount of such installments. The entering upon anu <br /> taking possession of the Property, the collection of such ranta, issues and profits, and the application thereof as aforesaid, shall not <br /> waive or cure any default or notice of default hereunder or invalidate any act done pursuant to such notice. Truster also assigns to <br /> Beneficiary, as further security for the performance of the obligations secured hereby, all prepaid rents and all monies which may <br /> have been or may hereafter be deposited with said Trustor by any lessee of the property, to secure the payment of any rent or <br /> damages, or upon defat+lt in the performance of any of the provisions hereof, Truster agrees to deliver such rents and deposits to <br /> Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupying said premises <br /> shall be sufficient to require said tenant to pay rent to the Beneficiary until further notice. <br /> 2. CONDEMNATION. If title to any part of the Property shall be taken in condemnation proceedings, by right of eminent domain <br /> or similar action, or shall be sold tinder threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be <br /> paid to Beneficiary who shall apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess. <br /> if any, paid to Trustor. If Trustor receives any notice or other information regarding such actions or proceedings, Trustor shall give <br /> prompt wrtten notice thereof to Beneficiary. Beneficiary shall be entitled, at its option, to commence, appear in and prosecute in its <br /> own name any such action or proceedings and shall be entitled to make any compromise or settlement in connection with any such <br /> action or proceedings, <br /> 3. FUTURE ADVANCES. Upon request of Trustor, Beneficiary at Beneficiary's option, prior to reconveyance of the Property to <br /> Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust Deed <br /> when evidenced by promissory notes stating that said notes are secured hereby: provided that at no time shall the secured principal. <br /> future advances, not including sums advanced to protect the security, exceed Two Hundred percent (200%) 3f the original principal <br /> amounts secured hereby. <br /> RMMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and <br /> performs-nce of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or <br /> .,nder any other agreement executed m connection herewith or any laws now or hereafter in force, notwithstanding some or all of the <br /> such indebtedness and obligations sec, red hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, <br /> pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Toast nor its enforcement whether by court action or <br /> pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's <br /> right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being tgreed that Trustee and <br /> Beneficiary, and each of them, sha;i be entitled to enforce this Daed of Trust and any other security now or hereafter neld by <br /> Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy <br /> herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law <br /> provided or permitted, but each shall be cumulative and shall be in addition to every other rernedy gn•en hereunder or now or <br /> hereafter exizting at law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Trustee or <br /> Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time <br /> and es o ten as may he deemed expedient by Trustee or Benef,ciary and either of them may pursur+ incrnsit•tent remedies. Ni tning <br /> nerain shall "e construed as prohibiting Bcneficiary from a}eking n deficiency judgment against the Trustor is the extent such action <br /> is oermitted by taw. <br /> GC 797;huF,ra,aA a~7?3Q] <br />