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200304525 <br />Unless Ueneficiary and Truster otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property damaged if the restoration or repair is economically feasible and Benaticiary's security is <br />not lossened. If the restoration or repair is not economically feasible or Beneficiary's security would be lessened, <br />the insurance proceeds shall be applied to the Secured Debt, whether or not than due, with any excess paid to <br />Truster. If Trustor abandons the Property, or ones not answer within 30 days a notice from Beneficiary that the <br />insurance carrier has offered to settle a claim, then Beneficiary may collect the insurance proceeds. Beneficiary <br />rimy use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due. The <br />30 -day period will begin when the notice is given. <br />Unless Beneficiary and Truster otherwise agree in writing, any application of proceeds to principal shall not <br />extend or postpone the due dale of scheduled payments or change the amount of the payments. If the Property <br />is acquired by Beneficiary, Truslor's right to any insurance policies and proceeds resulting from damage to the <br />Property before the acquisition shall pass to Beneficiary to the extent of the SsnorAd Dart immediately before <br />the acquisition, <br />B. Irustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional insured <br />in an amount acceptable to Beneficiary, insuring against claims arising from any accident or accurenoe in or on <br />the Property. <br />C. Truster agrees to maintain rental loss or business interruption insurance, as required by Beneficiary, in an <br />amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to <br />separately in writing), under a form of policy acceptable to Beneficiary. <br />21. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, I rr. tmr will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />22. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any financial <br />statement or information Beneficiary may doom necessary. Trustor warrants that all financial statements and <br />information Trustor provides to Beneficiary are, or will be, accurate, correct, and complete, Trustor agrees to sign, <br />deliver, and file as Beneficiary may reasonably request any additional documents or certifications that Beneficiary may <br />consider necessary to perfect, continue, and preserve Truster's obligations under this Deed of Trust and Beneficiary's <br />lien status on the Property. If Trustor fails to do so, Beneficiary may sign. deliver, and file such documents or <br />certificates in Truster's name and Trustor hereby irrevocably appoints Beneficiary or Beneficiary's agent as attorney in <br />fact to do the things necessary to comply with this section. <br />23. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Deed <br />of Trust are joint and individual. If Trustor signs this Dead of Trust but does not sign the Evidence of Debt, Trustor <br />does so only to mortgage Truster's interest in the Property to secure payment of the Secured Debt and Trustor does <br />not agree to be personally liable on the Secured Debt. Truster agrees that Beneficiary and any party to this Deed of <br />Trust may extend, modify or make any change in the terms of this Deed of Trust or the Evidence of Debt without <br />Truster's consent Such a change will not release Trustor from the terms of this Decd of Trust. The duties and <br />benefits of this Deed of Trust shall hind and benefit the successors arid assigns of Trustor and Beneficiary. <br />If this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure the obligation <br />which is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Tmsmr or any party indebted under the obligation including, hilt not limited to, anti - deficiency or one - action <br />laws. <br />24. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. this Deed of Trust is governed by the laws of the jurisdiction <br />in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the <br />Property is located. This Deed of Trust is complete and fully integrated. This Deed of Trust may not be amended or <br />modified by oral agreement. Any section or clause in this Deed of Trust, attachments, or any agreement related to the <br />Secured Debt that conflims with applicable law will riot be effective, unless that law expressly or imphadly permits the <br />variations by written agreement. If any section or clause of this Deed of Trust cannot be enforced according to its <br />terms, that saction or clause will be severed and will not affect the enforceability of the remainder of this Deed of <br />Trust. Whenever used, the singular shall include the plural and the phlral the singular. The captions and headings of the <br />sections of this Deed of Trust are for convenience only and are not to he used to interpret or define the terms of this <br />Deed of Trust. Time is of the essence in this Deed of Trust. <br />25. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded The successor <br />trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon the <br />Trustee by this Dead of Trust and applicable law. <br />26. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail <br />To the appropriate party's address on page 1 of this Deed of Trust, or to any other address designated in writing. <br />Notice to one Irustor will be deemed to be notice to all trustars.�/C) /� /' <br />/L., •�,jJ'N , Erg /. lOa9e b of 81 <br />993, 3001 eanknrs 5yrtemc lrc., SC CIOUa MN FOini AGCOAE E 1 /[OVI / {! _l �✓ <br />