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<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]
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