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99105969
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Last modified
3/13/2012 6:03:34 PM
Creation date
10/20/2005 11:39:46 PM
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DEEDS
Inst Number
99105969
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gg_1�5969 <br /> 5. Application of Payments. All payments received by Beneficiary as to any <br /> debt, liability or obligation owed to Beneficiary by Trustor may be applied by Beneficiary <br /> to the payment of the Indebtedness or to any such other debt, liability or obligation, in any <br /> order or manner of application which Beneficiary, in its absolute discretion, deems <br /> appropriate. <br /> 6. Charges/Liens. Trustor will keep the Trust Property free from all charges, <br /> liens and encumbrances, whether consensual, statutory, voluntary or involuntary (other <br /> than the lien created by this Deed of Trust or any other instrument, document or <br /> agreement given to Beneficiary contemporaneously herewith as security for the <br /> Indebtedness), and whether superior or inferior to this Deed of Trust, excluding however, <br /> any lien for nondelinquent real estate taxes or nondelinquent special assessments. <br /> 7. Hazard and Other Insurance. Trustor shall keep the buildings and other <br /> improvements now existing or hereafter erected on the Trust Property insured by <br /> insurance carriers satisfactory to Beneficiary against loss by and abatement of rental <br /> income from, fire, hazards included in the term "extended coverage", vandalism, and <br /> malicious mischief, and such other hazards, casualties and contingencies as may be <br /> required by Beneficiary, in such amounts and for such periods of time as may be <br /> reasonably required by Beneficiary. The policy or policies of insurance shall be in form <br /> acceptable to Beneficiary, provide that the same may not be modified without thirty (30) <br /> days prior written notice to Beneficiary, and shall have non-contributing loss payable <br /> provisions in favor of and in form acceptable to Beneficiary, entitling Beneficiary to <br /> collect any and all proceeds payable under such insurance policies. Business interruption <br /> or loss of rental income insurance required to be carried pursuant to this Paragraph 7 shall <br /> be in an amount equal to at least six (6) months aggregate gross scheduled rents from the <br /> Trust Property. All premiums on insurance policies shall be paid in the manner provided <br /> under Paragraph 4 hereof, or if the payment of the Funds has been waived by Beneficiary, <br /> by Trustor making payment at least thirty (30) days prior to the due date, directly to the <br /> insurance carrier. Beneficiary shall have the right to hold the policies and renewals <br /> thereof and Trustor shall promptly furnish to Beneficiary all renewal notices and all paid <br /> premiums receipts received by Trustor. In no event shall Beneficiary or Trustee be held <br /> responsible for any loss or damage arising out of a defect in any policy or arising out of <br /> any failure of any insurance company to pay for any loss or damage insured against or for <br /> failure by Trustor to effect the insurance required hereunder. Beneficiary and Trustee <br /> shall not be held responsible for failure to pay any insurance premiums; provided, in the <br /> event Beneficiary is collecting Funds for the payment of insurance premiums pursuant to <br /> Paragraph 4 above, Beneficiary shall be held responsible for its own gross negligence or <br /> willful misconduct in connection with its disbursement of Funds for the payment of <br /> insurance premiums. In the event of loss, Trustor shall give prompt notice by mail to the <br /> insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made <br /> promptly or in proper form by Trustor. All policies of insurance and any and all refunds <br /> of unearned premiums are hereby assigned to Beneficiary as additional security for the <br /> payment of the Indebtedness. In the event of Beneficiary's exercise of the power of sale <br /> contained herein, or in the event of foreclosure, all right, title and interest of Trustor in <br /> and to any insurance policy then in force shall pass to the purchaser at the trustee's sale or <br /> 4 <br />
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