9�► 11161g .
<br /> 4. INSURANCE. Trustor, et its expense, will maintain with insurers approved by Beneficiary, insurance with respect to the
<br /> Improvements and personal property, constftuting the Property,against loss by fire, lightning,tornado, and other perils and hazarcl�-
<br /> covered by standard extended coverage endorsement, in an amount equal to at least one hundred percent of the full replacement
<br /> value thereof and insurance against such other hazards and in such amounts as is customarily carried by owners and operators of
<br /> similar properties or es Beneficiary may require for its protection.Trustor will comply with such other requirements as Benenciary may
<br /> from time to time request for the protection by insurance of the interests of the respective parties.All insurance policies maintained
<br /> pursuant to this Deed of Trust shall name Trustor and Beneflciary as insureds,as their respective interests may appear,and provide
<br /> that there shall be no cancellation or modification without no less than 15 days prior written notification to Trustee and Beneficiary.In
<br /> the event eny 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 of paragraph A.6 hereof.Trustor shall deliver to Beneflciary the original policies of
<br /> insurance and renewals thereof or memo copies of such policies and renewals thereof.Failure to furnish such insurance by Trustor,
<br /> or renewals as required hereunder shall,at the option of Beneflciary,constitute a defauft.
<br /> 5. TAXES, ASSESSMENTS AND CHARGES. Trustor shall pay all taxes, assessments and other charges, including, without
<br /> limitetion, flnes and impositions attributable to the Property, and leasehold payments or ground rents, rf any, before the same
<br /> become delinquent. Trustor shall promptly furnish to Beneficiary all notices of amounts due under this psragraph, and in the event
<br /> Trustor shall make payment directly,Trustor shall promptly furnish to Beneficiary receipts evidencing such payments. Trustor shall
<br /> pay ell 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 /> 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 /> beneficiaries under any prior deed of trust or mortgage before the date they are delinquent and promptly pay and discharge any and
<br /> ell other liens,claims or charges which may jeopardize the security granted herein.If Trustor fails to make any such peyment 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'rf 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 n decedent,or if Trustor fails to pey Trustor's debts generally as they become
<br /> due,then Beneflciary, at Beneficiary's option and without notice to or demand upon Trustor and without releasing Trustor irom any
<br /> obligation hereunder, may make such appearances, disburse such sums 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 Beneftciary pursuant to
<br /> this Paragraph A.6 shall become addftional 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 bear interest at the highest rate permissible under applicable law. Nothing
<br /> contained in this Paregraph 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. Beneflciary shall have the right,power and authority during the continuance of this Deed of Trust
<br /> to collect the rents,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 proflts as they
<br /> accrue nnd become payable so long as Trustor is not,at such time,in defauR with respect to payment of any indebtedness secured
<br /> hereby,or in the performance of any agreement hereunder.Upon any such defauft, Beneficiary may at any time,either in person,by
<br /> agent, or by a receiver to be appointed by a court, wfthout notice and without regard to the adequacy of any security for the
<br /> indebtedness hereby secured, (a)enter upon and take possession of the Property or any part thereof,and in its own name sue for or
<br /> otherwise collect such rents, issues and profds, including those past due and unpaid,and apply the same,less costs and expenses
<br /> of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such order as
<br /> Beneficiary 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 dictate or
<br /> terminate, or adjust the terms and condRions of existing leases. Unless Trustor 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 and
<br /> taking possession of the Property,the collection of such rents, issues and profits,and the application thereof as aforesaid,shall not
<br /> waive or cure any defauk or notice of defauR hereunder or invalidate any act done pursuant to such notice.Trustor 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 hereaiter be deposited with said Trustor by any lessee of the Property, to secure the payment of any rent or
<br /> damages, or upon defauft in the performance of any of the provisions hereof, Trustor 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 tftle 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 under 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 written 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 wfth 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%)of the original principal
<br /> amounts secured hereby.
<br /> 4. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or
<br /> under any other agreement executed in connection herewith or any laws now or hereaiter in force,notwithstanding some or all of the
<br /> such indebtedness and obligations secured hereby may now or hereafter be othervvise secured,whether by mortgage,deed of trust,
<br /> pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor ds 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 agreed that Trustee and
<br /> Beneficiery, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereaiter held 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 remedy given hereunder or now or
<br /> hereafter existing 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 as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies.Nothing
<br /> herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action
<br /> is permitted by law.
<br /> 807671 Nabraeka 007528.03 �
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