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200203343 <br />d. Peymenf o/ /ndebtetlness. Trusior shall pmmpilV PaY or cause ro be paid when due the Obligations and all other indebtedness. The <br />Tmsror shall also promptly and faithfully observe all of its mag' bons On a' any other deed of trust encvmberin9 all or part of fire bust <br />Property and, H applicable, any promissory note, gparen.V, or other term of contractual indebtedness secured by sue /r other deed a' 'to <br />royally y too r or senior to the Gen of his Deed of Tmsp and any ether ohligations secured 6y a lien on the Trust <br />Property' whether arising sposper's consensually or by opera.... Of few. <br />3. Construction of improvements. True for shall complete is good end workmen //ka manner any bu//d/nga rap -hen due all c.pair. <br />'sran' atrng <br />therero which may be begun on the T rest Property or "haveplatad by the Obligations secured hereby, pay w <br />liebiliiies incurred t as beg and not to permit any consthe "an lien against such Trus. Property. In the event construction of build /rigs, dance <br />improvements or repairs are con[emp/ared, True also agrees, anything m this Deed oaf Trust ro the contrary no.wnhstanding; le) to <br />"a_"a commence any such work and to complete the propose'an N al/ the termsool a bull�ding loan algreement ilsany between the.1ha <br />plans end specifications as approved by Beneficiary, lcl to comp /y wi <br />and a a"c iary, the terms a/ which are incorporated herein by reference and made a par, hereof, (dJ to allow Benebciary to /aspect , the <br />rd or <br />Property r all rimes during construction, and let m replace any work or materials unsafis/actory to Beneficiary within fiReen /151 days alter <br />written notice /ram Beneficiary of such /act. <br />4. Funds for Payment of Charges if requested at any time or from time to time by the Beneficiary. Trustor. shall pay to Beneficiary on the <br />firs( day of each moth, or such other data each momh as may be specified by Beneficiary, until he Obligations are paid in full, a sum <br />lhereina /ter the "Funds') egval.o, t/12thYgf the VearlV .axes and assessments whidr may afford peaty over this Deed of Trust and ground <br />rents on the Tivsf Property, i1 any, plus 1 /12th of the yearly premium <br />installments for hazard insurance, plus t 112th of the yearly premium <br />installrnems /or mortgage insurance, ii any, al/ as reasonably estimated initially and firm time to time by Beneficiary on the basis of <br />assessments and bi //s antl reasonable estimates there. /. The Funds shall be held /n an word , icon, the deposits Or accounts of which ere <br />insured or guaranteed by a federal or stare agency including Beneficiary. Beneficiary shall apply the Funds to pay said taxes, assessments, <br />insurance Aremiums end ground rents. Beneficiary shell not be equand to pay Trustor any interest or earnings on the Funds, Beneficiary shall <br />give to Trustor, wi.hnur charge, an annual accounting Oi the Funds showing credits and debits to the Funds and the pupose far which each <br />tlebif to the Funds was made. The Funds are pledged es additional security for the Obligations secured by this Deed of Trust. If the amount <br />o/ the Funds held by BeneiiciarV, mgeher wish the future monthly installments of Funds payable prior to the due dates of taxes, <br />assessments, insurance premiums and pmund rents, shell exceed the amount required to pay said taxes, assessments, insurance premiums <br />and ground rents as they /all due, such excess she /I be, at Trusfor's option, either pmmpily repaid to Trustor or credited to Trustor against <br />future month /y installments of Funds. li the amount of Me Funds <br />to by Beneficiary shall not be sufficient to pay taxes, assessments, <br />rsurance premiums and ground rents as they /all due, Tnistor shall pea to Bene/¢/ary, anythereof, Upon p to ayment in full ull of agclency <br />within no. days i ram the date notice is mailed by Benefciary to Trusror requesting Payment is Ym <br />Obligations, Beneficiary shall wise ac y refund fo Trushr any Funds held al Bene / /ciary. H the Trust t Property is sold under the power Of sale <br />or the Ault Property otherwise acquired by Bene / :ciary, theetime o shall apply, tamed /aret against r to the Sala Of the Trust efopertv executes <br />acquisition by Rene iciary, any Funds held by Benebciary at the time o /app /icat/on as a credit against the Obligations. If Beneficiary executes <br />written waiver of Trus.or's obligations under this Section, T star covenants and agrees Io Pay, before the same become aced o�metle against <br />lost <br />razes, assessments, /nauseate premiums, ground rents, and all Other charges whatsoever levied upon or assessed, p g r <br />the Trust Property. Tmsror further agrees, upon written request by Benefciary, to promptly deliver to Beneficiary all receipts payment <br />of such chary, ps. Trustor likewise agrees W pay all taxes, assessments and other charges fouled upon or assessed, placed or made against, <br />Or measured by. this Deed of Trust or the recordation herew <br />5. be appplied by Beneficiary fasthelpayv payment o/ the Oblgations ens any order or any lo/ application obligation <br />which Beneficiary, n/ to absolute to discretion, <br />deems appropriate. <br />e. Charges; Lions. Trustor will keep the Trust Properly tree from all liens and encumbrances, whether prior or subordinate to this Deed of <br />Tmsp other than the lien of current real estate taxes end mstallmenre of official assessments with respect to which no penalty is vet <br />payable; provided, however, that Tmsror need trot tlischarge en y such hen so long as Tustor she // agree, in writing, a pay the obligation <br />secured by such lien in a manner acceptable to Beneficiary and shat/ is gootl faith as such lien by appro priate /aga/ proceedings a //active <br />h prevent the eniorcemeni O/ the lien or the loss of any interest in ar pan of the Trust Property, and shell also give such reasonable security <br />to Beneficiary as may demanded by Beneficiary to insure compliant. therewith. The Bene / :ciary may in its sole discretion defend the lien <br />ai [his OeeJ o /Trust and e// costs and attorneys fees incurred by Beneficiary in said defense shall be reimbursed by Trustor or added fo the <br />Obligations. <br />]. Haz.end Insurance. Tmsror shall keep the buildings and other improvements now existing or hereafter erected on the Trust Property <br />insured by insurance canters satisfactory to Beneficiary against loss by fire, hazards included in the term "extended coverage "and such <br />ether hazards, mpualdas sad contingencies, including war damage insurance, as may be required by Beneficiary, in such amounts and for <br />such periods as may be required by Beneficiary The policy of insurance shall be in form acceptable to Beneficiary and shall not contain a <br />defense based on coinsurance, and shall contain the standard provision that no act of the Beneficiary or of the Beneficiary s agents or <br />representatives will rennet the poll,, void as to the Beneficial ar affect the Beneficiary's right to recover fn case Of hiss, and the <br />antlpolicy <br />ha , <br />policies shall provide the t the same may not be canceled or modified without fifteen (15) days prior written notire h Beneficde <br />loss payable provisions in favor of and in form acceptable to Beneficiary. An premiums on insurance policies shall be paid in the manner <br />provided under the Section entitled "Funds for Payment of Charles herein or, if not paid in such manner. by Trusror making payment at <br />/east /:flee•. /151 days prior ro the due date, directly m the insurance carder. Beneficiary shall have the right to hold the policies and renewals <br />thereof and Trustee shall promptly /urolsh to Beneficiary all renewal' -(roes and At paid premium receipts received by if. In no event shall <br />Beneftc /ary or Trustee be held responsible for failure to pay insurance premiums or for any loss or damage arising out of a defect in any <br />policy or arising not of any failure of any insurance company to pay for any loss or damage insured against or for failure by Trustor to effect <br />the insurance required hereunder. /n the event Of loss, Ts for shall give prompt notice by mail h the insurance carrier and Beneficiary. <br />Bene @iary may make proof of loss if not made promptly or in proper form by Treater, All policies of insurance and any and all relucs of <br />unearned premiums are hereby assigned to Beneficiary as additional security for the payment of the Obligations. In the event of Bene /iciary 's <br />exercise of the power of said contained herein, or in the event of foreclosure, all right title and interest o/ Trustor in and to any insurance <br />polio y then in force shall pass to the purchaser at the tmstee's sale or foreclosure sale. In case of any loss, the insurance proceeds may. of <br />the option of Beneficiary, be applied by Benebciary (loan the Obligations, or any part thereof, and In such order and amount as Beneficiary <br />may determine; or said insurance proceeds, of the option Of Beneficiary may either be used in replacing at restoring the Trust Property <br />partially or totally destroyed to a condition satisfactory to Beneficiary; or said insurance proceeds, or any portion thereof, may be released to <br />Ter'do Unless BenaBriory and Trustor otherwise agree in waiting, any such application of insurance proceeds shall not extend or postpone <br />the due data Of any ,a,, or agreement evidencing he Obligations, or any installments called for therein, Or change the amount of such <br />installments if the Trost Property is acquired by Beneficiary pursuant to the exercise of the power Of sale or other foreclosure, all fight tide <br />and interest of Trustor in and to any insurance Proceeds payable as a result of damage to the Trust Property prior to the sale or acquisition <br />shall Pass to Beneficiary and shall be applied first ta the costs and expenses, including attorneys' fees, incurred in co / letting such proceeds, <br />then in the manner and in the Order provided herein. Notwithstanding anything contained in this Serbon to the contrary, it this and a l Trust <br />s an a condominium ore town house and there is a master insurance policy in Porte covering the common areas and facilities and all <br />r condominiums and fawn houses located in that development then, unless otherwise notified in writing by the Benefciary, the Trusior shall <br />have no obligation to maintain the insurance required hereunder, and will assign all benefits and proceeds received thereon to the Beneficiary <br />and, in the Beneficiary's sale discretion, name the Beneficiary as the named insured on said polrcK whenever such insurance is in force <br />nag rases of whether requesed by the Ron, firiary or nail the Trusror hereby authorizes the Beneficiary to cancel such insurance whenever <br />the Beneficiary determines that such insurance does net adequately protect the Beneficiary's interest. <br />8. Preservation and Manrenance of T st Property. Trustor will keep the buildings and other improvements now Or hereafter erected on the <br />Trust Property in good repair and condition, ordinary depreciation excepted, and shall provide <br />epee the design or structural ebera�rer constituting <br />any and preservation of the Trust PmPenY. Trustor will not r,.mmIt or permit waste, ou will not d. an <br />any building now ar hereafter erected on and constituting the bust Property without the prior written consent of Beneficla y <br />act of king which would widely impair or depreciate the value of he Trust Property and will not abandon the Trust Property. Trustor will not <br />remove any fixtures constituting ilia Trust Property unless the same are immediately rep /aced with like property sub %act ro the lien end <br />security interest of rhts Deed of Trust and of at least could value and sooty. Trustor will comply with all present and future ordinances, <br />regulations and requirements of any governmental body which are applicable to the Trust Property and to the occupancy and use thereof. if <br />this Deed o/ Trust is on a unit in a condominium or a planned unit development, Trustor shall Perform a// of Tustor's obligations under the <br />declarations ar covenants creating or governing the condominium or the planned unit development, the bylaws and regulab -ns of the <br />condominium Or planned unit development. and the constituent documents, <br />g. Inspection. Bell' fth fy or am agents may, of all reasonable times, enter open the Trust Property for the purpose Of fnspaction Including, <br />but nor limited to environmental testing. Beneficiary shall have no duty to make such inspection and shall not be liable to Trus tar ar to any <br />person in possession if it makes or fails to make any such Inspection. <br />10. Protection of Security. If Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust, Or if any action <br />or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or Beneficiary therein or the <br />title of Trzrstor tharem, then Beneficiary, of its option, may perform such covenants and agreements, make such appearances, defend against <br />and /or :trues rigate such action or proceeding and take such other action as Beneficiary deems necessary to protect its interest including, but <br />not limited to, disbursement of reasonable attorneys' fees and entry upon the Trust Pmpeny to make repairs. Any amounts disbursed or <br />incurred by Benefciary Pursuant to this Section, including, but not limited to, reasonable attorneys' fees, with interest thereon, shall <br />nsred b additional 06/rgabbns secured Section, <br />this Deed of Trust, Beneficiary is hereby given an irrevocable power of attorney (which power is <br />coupled with an interest for pomment Of secur/ryl to enter neon the Trust Property as he Luster's agent and in the Trusfor's name to <br />perform any and a// covenants and agreements to be performed by the Treater as herein provided. Unless Trustor and Beneficiary agree to <br />other forms of payment. such amounts shall be payable upon notice from Reneftc/ary to Trustor requesting payment thereof, and shall bear <br />interest brim the date o/ disbusemenf or the date incurred of the rate set forth in the Nate or the rate provided in the most recent obligation <br />covered by the Gueramy, unless payment of interest at such rate would be contrary m applicable law, /n which event such amounts sha // <br />bear interest at the highest rate permitted by applicable law. Nothing contained in this paragraph shell require Beneficiary to incur any <br />expense Or take any aoi /on hereunder. Beneficiary shall, at its option, be subrumned to any encumbrance, lien, claim or demand and to all <br />rights and securities for the payment thereof paid ar discharged by Beneficiary under the provisions spree{ and any such sub Ogaden rights <br />shall be additional and cumulative serurlry for this Deed Of Trust. Page 2 of 5 <br />