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200201017 L. Notwithstanding _qgy of the "age contained in this Deed of Trust to the courrary, the terms of this section shall survive any foreclosure or satisfaction of this Deed of 'Trust regardless of any passage of title to Beneficiary or any disposition by Beneficiary of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 20. CONDEMNATION. Toaster will give Beneficiary prompt notice of any actual, real or threatened, by private or public entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, or any other means. Truster further agrees to notify Beneficiary of any proceedings imitated for the eatablishrnent of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property nr any pan of it. Truster authorizes Beneficiary to intervene in Trustoi s came in any of the above described actions nr Claims and to collect and receive all sums resulting from the action or claim. Truster assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any pan of the Property. Such proceeds stand be considered payments and will be applied as provided in this Deed off rest, This assignment of proceeds is suhject to the Lenns of any prior security agreement. 21. INSURANCE. Tmstor agrees to mantain insurance as follows: A. Tmstor shall keep the Property insured minimal loss by fire, theft and otter hazards and risks reasonably associated with the Property due to its type ;mad location. Other hazards and rusks may include, for example, coverage against Ines due to floods or flooding. This insurance shall be maintained in the amounts and for the periods that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by IMSmT subject m Beneficiary's approval, which shall not be unreasonably withheld. if Truster fails to maintain the coverage described above, Beneficiary tray, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the terms of this Deed of Trost. All insurance policies and renewals shall he acceptable to Beneficiary and shall include a standard "mortgage clause" and, where applicable, "bencfieiary loss payee clause." Trustor shall irmnediately notify Beneficiary of cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Toaster shall immediately give to Beneficiary ail receipts of paid premiums and renewal notices. Upon loss, Toaster shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made umuediately by Truster. Unless Beneficiary and Truster otherwise agree in writing, insurance proceeds shall be applied to rcatendion or repair ill the Properly damaged if the restoration or repair is economically feasible and Beneficiary's security is not lessened, if the restoration or repair is not economically feasible or Beneficiary's security would be lessened, the insurance proceeds shill be applied to the Secured Debt, whether or not then due, with any excess paid in Tmstor. If Truster abandons the Property, or does not answer within 30 days a notice from Beneficiary that the insurance Carrier has offered to settle a claun, then Beneficiary nary collect the insurance proceeds. Beneficiary tiny use the proceeds to repair or restore the Property or m pay the Secured Debt whether or not then due. The 30-day period will begin when the notice is given. Unless Beneficiary add Tmstor otherwise agree in writing, any application of pnaeceds to principal shall not extend or postpone the due date of scheduled payments or change the annual of the payments. If the Property is acquired by Beneficiary, Toaster's right to any insurance policies and proceeds resultng front damage to the Property before the acquisition shall pass to Beneficiary to the wrens of the Secured Debt umnediately before the acquisition. B. Truster agrees to maintain comprehensive general liability insurance owning Beneficiary as an additional insured in an amount acceptable to Beneficiary, insuring against claims arising Gran any accident or occurrence in or on the Property. C. Truster agrees to maintain rental loss or business interruption insuranco, as required by Beneficiary, in all amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately is writing), under a form of policy acceptable to Beneficiary. 22. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustm will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. 'truster will provide ill Beneficiary upon request, any financial statement or information Beneficiary may deem necessary. Tractor warrants that all financial statements add iW'unnution Truster provides to Beneficiary are, or will be, accurate, correct, and complete. Tmstor agrees to sign, deliver, and file as Beneficiary may reasonably request any additional documents or certifications that Beueftciary may consider necessary to perfect, continue, and preserve Tr ster's obligations under this Decd of Trost and Beneficiary's lien status on the Property. If Truster fails to do so, Beneficiary may sign, deliver, and file such dtuartnents ur certificates in Tres or's same and Truster hereby irrevocably appoints Beneficiary or Beneficiary's agent as attorney in fact to do the things necessary to comply with this section. 24. JOINT ANT) INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties maker this Deed of Trost we joint and individual. If Truster signs this Deed of Trost but does dot sign the Evidence of Debt, T111steT does so only ha mortgage Tmstor's interest in the Property to secure payment of the Secured Debt and Tmstor does not agree to be personally liable on the Secured Debt. Tractor agrees that Beneficiary and any party to this Deed of Trost may extend, modify or make any change in the tons of this Deed of Trust or the Evidence of Debt without Truster's cowers. Such a change will our release Truster front the terms of this Deed of Treat. The duties and herefirs of this Deed of Trost shall bind and benefit the successors and assigns of Truster and Beneficiary. If this Deed of Trust secures a guaranty, between Beneficiary and Truster and does not directly secure the obligation which is guarantied, '1'm.smr agrees in waive any rights that maly prevent Beneficiary from bringing any action or claim against Truster or any party indebted) under the obligation including, but not ]united to, anti- deficiency or one. action laws. 25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Deed of Trost is governed by the laws of the jurisdiction in which Beneficiary is located, except to the rodent otherwise required by the laws of the jurisdiction where the Property is located. This Deed of Trust is complete and fully integrated. This Deed of Trial only nut be amended or modified! by oral agreement. Any section or clause in this Deed of Trust, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or implicitly permits the variations by written agreemcw. If any section or clause of this Deed of Trust cannot be enforced according to its anus, that section or clause will be severed it will not affect the enforceability of the remainder of this Deed of Trost. Whenever used, the singular shah include the plural and the plural the singular. The captions and headings of the sections of ibis Deed of Trost are for convenience only and are not to be used to interpret or define the terms of this Deed of Trim, Time is of the essence in this Deed of Total. nave a of s EX755oa, ®,ass's:elnwggVd.my 14., s,. lie e, ms ve,m nrrco.nr -sr amt:ooa � _..