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<br /> <br /> <br /> <br /> U1180 <br /> insurance premiums, ground rents, and all otherLmrges whatsoever levied upon or assessed. placed or made against the Trust <br /> Property. Trustor fe,rther agrees, upon written request by Bene:fclary. to promptly deFy6r to Beneficiary alf receipts for the payment of <br /> such charges. Trustor likewise agrees to pay all taxes, assessments and other charges levied upon or assessed, placed or made <br /> against, or measured by, this Deed of Tnrct or the recordation heml. <br /> w. App'icaticn of Payments. All payments received by Beneficiary as to any debt, liability or obrgation owed to Beneficiary by Tnistor <br /> tray be sppii'ed by Beneficiary to the payment of the indebtedness or to any such other debt, liability or obligation, in any order or <br /> rrianntir of application which Beneficiary, in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any <br /> such payment shall be deemed applied first to the payment of any debt, Hebifity or obkgation other than the Note. <br /> 9. Charges: Liens. Trustor will keep the Trust Property free from alf liens and encumbrances which in any wiv may, in the judgment of <br /> Aen,vficiary, have priority over, or impair the security of, this Veed of Trust but Trustor need not discharge any such lien so long as <br /> Trustor shall agree. in writing, to pay the obligation secured by such lien in a manner acceptable to Beneficiary and shall in good faith <br /> contest such lion by appropriate legal proceedings effective to prevent the enforcement of the Hen and the loss of any interest in or <br /> Part of th~q 7; ust Property. <br /> 7. Hazard insurance. Trustor shall keep the buildings and other improvements now existing or hereafter rarecled on the Trust Property <br /> insured by insurance carriers satisfactory to Beneficiary against loss by fire, hazards includad in V* term "extended coverage" and <br /> such other hazt:rds, casualties and contingencies as may be requited by Penefiriary, in such amounts and fcr such periods as may be <br /> required by Beneficiary, The policy of insurance shall be in fort acceptable to Beneficiary, provide that the same may not be <br /> cancelled cx modified without fifteen (15) days prior written notice to Beneficiary, end shag have kx,s payable lxovislons in favor of and <br /> In form acceptable to Beneficiary. All premiums on insurance policies shall be paid In the manner fxovided under paragraph 4 hareof <br /> or, if not paid in such manner, by Trustor making payment of least fifteen (15) days prior to she dunk date, directly to the insurance <br /> carrier. Beneficiary shall have the right to hold the policies and renelvals thereof end Trustor shali promptly furnish to Beneficiary all <br /> renewal notices and cell paid premium receipts received by it. In no event shall Beneficiary or Trustee be held responsible for failure to <br /> pay insurance premiur,-is or for any loss or damage arising out of a d0ect in any pocky or arising out of any failure of any insurance <br /> company to pay for any loss or damage Insured against or for failure by Trustor to effect the insurance required hereunder. In the event <br /> of loss, Trustor shall give, prompt notice by mail to the insurance carrier and Beneficiary. Benetlclary rYay maws proof of loss it not <br /> made promptly or in proper form by Trustor. Ail policies of Insurance and any and all refunds of unearned premiums are hereby <br /> assigned to Beneficiary as additional security for the payment of the Indebtedness. In the event of Beneficiary's exercise of the power <br /> of sale contained herein, or In the event of foreclosure, all right, We and interest of Trustor in and to any insurance policy then in force <br /> shall pass to the purchaser at the trustee's sale or foreclosure sale. In case of any i=, die insurance proceeds may, at the option, of <br /> Beneficiary, be applied by Beneficiary upon the indebtedness, or any part thereof, and in such order and amount as Beneficiary may <br /> determine: or slid insurance proceeds, at the option of Beneficiary, may either be used in replacing or restoring the Trust Property <br /> pertV i or totally destroyed to a condition satisfactory to Beneficiary: or said insurance proceeds, or any portion thereof, may be <br /> released to Trustor. Unless Beneficiary and Trustor otherwise agree in writing, any such application of insurance proceeds shall not <br /> extend or postpone the due date of the Note, or any installments called for therein, or charge the amount of such installments. If the <br /> Trust Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other foreclosure, all right, tide and interest of <br /> Trustor in and to any insurance proceeds payable as a result of damage to the Trust Property prior to the safe or acquisition shall pass <br /> to Beneficiary and shall be applied first to the costs and expenses, including attorney fees, incurred in collecting such proceeds, then <br /> in the manner and in the order provided herein. <br /> 8. Preservation and Maintenance of Trust Property. Trustor will keep the buildings and other improvements now or hereafter erected on <br /> the Trust Property in good repair and condition and will not commit or permit waste, will not alter the design or structural character <br /> constituting any building now or hereafter erected on and constituting the Trust Property without the prior written consent of <br /> Beneficiary, will not do any act or thing which would unduly impair or depreciate the value of the Trust Property and will not abandon <br /> the Trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the same are immediately replaced with <br /> like property subject to the lien and security interest of this Deed of Trust and of at least equal value and utility. Trustor will comply with <br /> all present and future ordinances, regulatons and requirements of any govemmental body which are applicable to the Trust Property <br /> and to the occupancy and t.se ths`reof. If this Deed of Trust is on a unit in a condominium or a planned unit development, Trustor shall <br /> n erf wir: ail of Tr ustcr's obligations under the declarations or covenants creating or governing t"e condominium or the planned unit <br /> dev hlopment, the bylaws and regulations of the condominium or planned unit development, and the constituent documents. <br /> 9. Inspection. Beneficiary or its agents may, at ,ail reasonable times, enter upon they Trust Propenjr for the purpose of inspection. <br /> Beneficiary shall have no duty to maker such inspection end shall not be liable to Trustor or to any person in possession if it makes or <br /> fail,, to make any such inspection. <br /> 10. Protection of Security, If Trustor fails to perforr any of the covenants and agreements contained in this Deed of Trust, or if any action <br /> or proceeds n7 is commenced which does or miry adversely affect the Trust Property or the interest of'Trustor or Beneficiary therein or <br /> the title of Trustor thereto, then Fenefciary, at its option, may perform such convanants and agreements, make such appearances, <br /> defend against and Investigate such action or proceeding and take such other action as Beneficiary deems necessary to protect its <br /> interest including, but not limited to, disbursement of reasonable attomey fees and entry upon the Trust Properly to make repairs. Any <br /> amounts disburzed by Beneficiary pursuant to this paragraph 10, with interest thereon, shall constitute Indebtedness of Trustor <br /> enured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be payable upon <br /> notice from Beneficiary fir` Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the default rate, <br /> i f any, set forth V1 the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require <br /> Fteneficiary to incur ooy expense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon <br /> tree Trust Prop3rty •as Trustor's agent and, in Trustor's name or otherwise to perform eny and all covenants and agreements to be <br /> performed by Trustor as herein provided. Beneficiaryhall, at its option, be subrogated to any encumbrance, lien, claim or demand <br /> end to all rights and securities for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any such <br /> subrogation rights shall be additional and cumulative security for this Deed of Trust. <br /> 11. Condemnr,'ion. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or <br /> other taki; ig of the Trust Property. or any part thereof, or for conveyance in lieu of or in anticipation of condemnation, a. a hereby <br /> a..cSigne to and shall be paid to Beneficiary. Trustor will file and prosecute, in good faith and with due diligence, its clai,^ f^r anv such <br /> award o!, payment, and will cause the same to be collected and paid to Beneficiary, and, should it fail to do so, Trustor irrevocably <br /> authorzes and empowers Beneficiarl, in the name of Trustor or otherwise, to file, prosecute, settle or compromise any such claim and <br /> to collect, receipt for and retain the proceeds. If the Trust Property is abandoned by Trustor, or, after notice by Beneficiary to Trustor <br /> ,hat the sonde, nnor offors to make an award or settle a claim for darnagas, Trustor fails to respond to Beneficiary within thirty (30) days <br /> affr,•r the, date such notice is inailoo, Beneficiary is authorized to collect and apply the proceeds in the manner indicated herein. The <br /> proceeds of any award or claim may, after deducting all reasonable costs and expenses, including attorney fees, which may have <br /> been incurred by Beneficiary in the collection thereof, at the sole discretion of beneficiary, be released to Trustor, applied to <br /> restoration of Trust Property, or appli%d to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writing, <br /> any such application of proceeds to indebtedness shall not extend or postpone the due date of the Note or the payment of any <br /> instalments called for thereunder. <br /> 12. Trustor Not Released. EatenSion of the time for payment or modification cf any amortization of the indebtedness granted by Beneficiary <br /> to any successor m interest of Trustor shall not operate to release, in an) manner, the liability of Trustor and Trustor's successors in <br /> interast. Beneficiary shall riot be required to commence proceedings against such successor or refuse to extend time for payment or <br /> otherwise modify amortization of the Indebtedness by, eason of any demand made by Trustor and Trustor's successors <br /> in interest. <br /> 13. Financial Information. Upon request of Beni iiciary, Trustor will provide to Beneficiary, within ninety (90) days of the close of each fiscal <br /> year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the Indebtedness <br /> secured hereby, if any, and will provide and deliver to Beneficiary such other financial information and in such manner as Beneficiary <br /> may reasonably request from time to tame. <br /> 14. Financial CCvenaws. In a(ideion to any other financial covenants of Trustor made in any other agreement, instrument or document, <br /> Trustor shall comply with i;,d shalt cause any and all guarantors of the Indebtedness secured hereby to comply with, or be in <br /> compliance lvgh, the fol"Dvi ing 'irra^cral covenants: (This paragraph shall not apply if covenants and requirements are not set <br /> h herein. ) <br /> 'or! <br /> J. schedule of t.ei; es. 011:i;ire te-7 110) dayS after demand T usror shall fe'rnish Io Beneficiary a schedule, cerbried to by Trustor, setting <br /> Prroer,, or a„. cert. ;neiec', rnckao;n :r each cesF. the name of the tenants or occupants, a descrrptron <br /> ce h, *er:..t r n, t"e r eta' pa},ihlr r ;r;t;h space. and such Otherirformat+on and documents with <br /> leasor, <br />