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t
<br />200205117
<br />2. Payment of Indebtedness. Trustor shall promptly pay or music to be paid when duo the ObAgations and all other indehtedne.ss, The
<br />Truster shall also promptly and fa+ithhdly chser ✓r. all of its obligations under any other ojed of trust encumbering all or part of the Trust
<br />Property and, .r npplicabin, any promissory note, guaranjyrror nther.,{erm or eQ!�(,ractual indebtedness secured by such offer deed of trus t,
<br />whether junior of senior to the lien of this Deed of Trust, and any orher obligations secured by a lien on the Trust Property, whether arising
<br />consensually or by operation of law.
<br />3. Construction of Improvements. Trustor shall complete in good and workmanlike manner any buildings, improvements or repairs relating
<br />thereto which may be begun on the Trust Property or contemplated by the Obligations secured hereby, to pay when due all costs and
<br />liabilities incurred therefor, and not to permit any' construction lien against such Trust Property. In tha event construction of buildings,
<br />improvements or repairs are contemplated, Tru.s, *or also agrees, andnhing in this Deed of Trust to the contrary notwithstanding; (a) to
<br />promptly commence any such work and to complete the proposed improvements promptly, (b) to complete the same in accordance with the.
<br />plans and specifications as approved by Beneficiary, (c) to comply with all the terms of a building loan agreement, if any, between Trustor
<br />and Beneficiary, the terms of which are incorporated herein by reference and made a part hereof, /d) to allow Beneficiary to inspect the Trust
<br />Property at all times during construction, and (a) to replace any work or materials unsatistactory to Beneficiary within fifteen (151 days after
<br />written, notice from Beneficiary of such fact.
<br />4. Funds for Payment of Charges. If requested ar any time or from; time to time by the Beneficiary, Trustor shall pay to Beneficiary on the
<br />first day of each month, or such other date each month as may be specified by Beneficiary, until the Obligations are paid in frill, r. sum
<br />hereinafter the "Funds') equ_rl to 7 1121h of the yearly taxes and assessments which may attain priority over this Dv d of Trust and ,ground
<br />rents on the Trust Property, if any, plus 7172(h of the yearly premium installments for hazard insurance, plus 1 112th of the yearly premium
<br />installments for mortgage insurance, if any, all as reasonably estimated initrall y and from time to time by Beneficiary on the basis of
<br />osses.srnents and bills and reasonable estimates thereof. The Funds shall be held in an institution, the deposits or accounts of which are
<br />insured or guaranteed by y fereral or state agency including Beneficiary. Senef.-crary shall apply the Funds to pay said taxes, assessments,
<br />insurance premiums and ground rents. Beneficiary shall nor be required to pay Trustor any interest or earnings on the Funds. Beneficiary shall
<br />give to Trustor, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each
<br />debit to the Funds was made. The Funds are pledged as additional security for the Obligations secured by this Deed of Trust, if the amount
<br />of the Funds held by Beneficiary, together with the future monthly installments of Funds payable prior to the due dates of taxes,
<br />assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums
<br />and ,ryrou"td rents as they fat/ due, such ercAs^ shV/ be, at T us!or's option, rthc: prorrrptfy rcpor.'t to Truster or credited to Trustor ago :rst
<br />furure rriothly installments or Funds. 11 the amount of the Funds held by Beneficiary shall not be sufficient to pay taxes, assessments,
<br />insurance premiums and ground rants as they fall doe.. Trustor shall pay to Beneficiary any amount necessary to make up the deficiency
<br />:within thirty days from the date notice is mailed by Beneficiary to Trustor requesting payment thereof. Upon payment in full of air
<br />Obligations, Srneficiary shall promptly refund to Trustor any Funds held by Beneficiary. If the Trust Property is sold under the power of sale
<br />or the Trust Property is otherwise acquired by Beneficiary, Beneficiary shall apply, immediately prior to the sale of the Trust Property or its
<br />acquisition by Beneficiary, any Funds held by Beneficiary at the time of application as a credit against the Obligations. If Beneficiary executes
<br />a written waiver of Trustor's obligations under this Section, Trustor covenants and agrees to pay, before the same become delinquent, all
<br />taxes, assessments, insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against
<br />the Trust Property. Trustor further agrees, upon written request by Beneficiary, to promptly deliver to Beneficiary all receipts for the payment
<br />of such charges. Trustor likewise agrees to pay all taxes, assessments and other charges levied upon or assessed, placed or made against,
<br />or measured by, this Deed of Trust or the fecord'tion hereof.
<br />5. Application of Payments. All payments ecuved by Beneficiary as to any debt, liability or obligation owed to Beneficiary by Trustor may
<br />be applied by Beneficiary to the payment of rho Obligations in any order or manner of application which Beneficiary, in its absolute discretion,
<br />dccrras appropriate.
<br />6. Charges; Liens. Trustor will keep the Trust Property free from all liens and encumbrances, whether prior or subordinate to :his Deed of
<br />Trust, other than the lien of current real estate taxes anc7 installments of official assessments with respect to which no penalty is yet
<br />payable; provided, however, that Trustor need not discharge any such lien so long as Trustor sha!I agree, in writing, to pay the obligation
<br />secured by such lien in a manner acceptable to Beneficiary and shall in good faith contest such lien by approp- %are legal proceedings effective
<br />to prevent the enforcement of the lien or the loss of any interest in or part of the Trust Property, and shall also give such reasonable security
<br />to Seneficiary as may be demanded by Beneficiary to insure compliance therewith. The Beneficiary may in its sole discretion defend the lien
<br />of this Deed of Trust and all costs and attorneys' fees incurred by Beneficiary in said defense shall be raimbursed by Trustor or added to the
<br />Obligations.
<br />7. Hazard Insurance. Trustor shall keep the buildings and oth_ r improvements now existing or hereafter erected on the Trust Property
<br />insured by insurance carriers satisfactory to Bcnefici,,try against ioss by fire, hazards included in the term "extended coverage" and such
<br />other haznrri?. Casualties and contingencies, including war damage insurance, as may be required by Beneficiary, in such amounts and for
<br />such pu io.,s as may ae required by Beneficiary. The policy of insurance shall be in form acceptable 7o Beneficiary and shall not contain :i
<br />defense based on coinsurance, and shall contain the standerd provision that no art of the Beneficiary or of the Beneficiary's agents or
<br />rc•pr-%sentVivr,S will render the policy void as to the Beneficiary or nffer.t rho Beneficiary's right,to recover in case of loss, and the policy or
<br />policies shall provide that the same may riot be canceled or modified without fifteen (15) days prior written notice to Beneficiary, and have
<br />Inns pa�r;lhle nrovisinns in favor of a 9 in ( ^r, ^r accnprcMe !o'8.:, ^c `ice ;try. A!r premrur -s OR inscranca'pc / °cfes shall be paid .h rho mu,rner
<br />provided under the Section entitled "Funds for Payment of Charges " herein or, if not paid in such manner, by Trustor making payment at
<br />Inast bfteen (15) days prior to the due date, directly to the i tsuranc•e carrier. Beneficiary shall have the right to hold the policies and renewals
<br />thereof and Trustor shall promptly furnish to Beneficiary all renewal notices and all paid premium receipts received by it, In no evem shall
<br />Bcneficiary or Trustee be held responsible for failure to pay insurance premiums or far, any loss or damage arising out of a defect in any
<br />policy or arising out of any failure of any insurance company to pay for anv loss or damage insured against or for failure by Trustor to effect
<br />the insurance required hereunder. In the event of loss, Trustor shall .give prompt notice by mail to the insurance carrier and Beneficiary.
<br />Beneficiary may make proof of rocs if not made promptly or in proper font by Trustor. All policies of insurance and any and all refunds of
<br />unearned premiums are hereby assigned to Beneficiary as additional security for the payment of the Obligations. !r, the event of Beneficiary's
<br />exercise of the power of sale contained herein, or in the event of foreclosu +'e, all right, title arrd interest of Trustor in and to any insurance
<br />policy then in force shall pass to the purchaser at the trustee's sale or foreclosure sale. In case of any loss, the insurance proceeds may, at
<br />the option of Beneficiary, he applied by Prneficiary upon the Obligations, or any part thereof, and in such order and amount as Beneficiary
<br />may determine- nr said insurance proceeds, ar the option of Beneficiary, tray either be used in replacing or rostonng the Trust Property
<br />partially or totally desfro yed to a condition s :rriSfaclory ro Beneficiary; or said insurance proceeds, or any portion thereof, may be released to
<br />Trustor. Unless Beneficiary arid 'Trustor otherwise agree in writing, anv such application of insurance proceeds shall nor extend or postpone
<br />the dun date of any note or agreement evide t7cine the Obligations, or any installments called for therein, or change the amount of such
<br />installments. N the Trust Property is acgrurrod by Beneficiary pursuant to the exercise of the power of sale or other foreclosure, all right. title
<br />and interest of Trustor in and to any insurance proceeds pavab/e as a result of damage to the Trust Property prior to the sale or acquisition
<br />:.hall pass to Beneficiary and shall be applied first to the costs and expenses, including attorneys' fees, incurred in collecting such proceeds,
<br />then in the manner and in the order provided herein. Notwithstanding anything contained in this Section to the contrary, if this Deed of Trust
<br />is on a condominium or a town house and there is a master insurance policy in force covering the common areas and facilities and all
<br />condominiums and town houses loca ?ed in that development, then, unless otherwise notified in writing by the Beneficiary, the Trustor shall
<br />have no obligation to maintain rho" Insurance required hereunder, and will assign all benefits and proceeds received thereon to the Beneficiary
<br />and, in the Beneficiary's sole discretion, name the Beneficiary as the named insured on said policy. Whenever such insurance is in force
<br />(rogardlc.s.s of whether requested by the Beneficiary or not) the Trustor hereby authorizes the Beneficiary to cancel such insurance whenever
<br />the Beneficiary determines that such insurance does not adequately protect the Beneficrary's interest,
<br />8. Preservation and Maintenance of Trust Properly. Trustor will keep the buildings and other improvements now or hereafter erected on the
<br />Trust Property in good repair ano condition, ordinary depreciation excepted. and shall provide all utility services necessary for the operation
<br />and preservation of the Trust Property. Truster will not commit or permit waste, will not alter the design or structural character constituting
<br />any building now or hereafter erected on and constituting the Trust Property without the prior written consent of Beneficiary, will not do any
<br />act or thing which would unduly impair or depreciate the value of the Trust Property and will not abandon the Trust Property. Trustor will not
<br />remove any fixtures constituting the Trust Prnperty unless rho same are :immediately replaced with like property subject to the lien and
<br />security interest of this Deed of Trust arid of at least equal value and utility. Trustor will comply with all present arid future ordinances,
<br />urn rlaninon and rGryuirernnais of ,airy govenmonra/ beefy which ire applicable to the Trust Property and to the occupancy and use thereof. if
<br />thin; Deco of art. st is on a unit in n condonunium or a planned unit development, Trustor shall perform all of Trustor's oh.'igatruns under the
<br />declatwions or covenants creating or governing the condominium or the planned unit development, the bylaws and regulations of the
<br />condominium or planned unit development, and the constituent docufrronfs.
<br />9. inspection. Beneficiary or its agents may, at all reasonable fifties, enter upon the Trust Property for the purpose of inspection including,
<br />but not limited to environmental resting. Beneficiary .shall have no duly to make such inspection and shall not be. liable to Trustor or 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 act,on
<br />or procoeding is commenced which (foes or may advorsclv'affrct the Trust Proprrty or the interest of Trustor or Beneficiary therein or the
<br />title of Trustor thereto, then Beneficiary, at its optinrr, may porforrn such covenants arid agreements, make such appearances, defend against
<br />andlor investigate" such action or proceeding and take such other action as Beneficiary deems necessary to protect its interest including, but
<br />not bmilcd to, disbursement of reasonable artnrn(; ys' lees and entry upon the Trust Property to make repairs. Any amounts disbursed or
<br />incurred by Beneficiary pursuant to this Section, including, but not limited to, reasonable attotnays' fees, with interest thereon, shall
<br />conslitute additional Obligations secured by this Deed of Trust Bc'rleficiory is hereby given an irrevocable power of attorney (which power is
<br />coupled with an interest for purposes of security) to enter upon the Trust Property as the Truster's agent and in the Trustor's name to
<br />perform any and all covenants and agreements to be performed by the Trustor as herein provided. Unless Trustor and Beneficiary agree to
<br />other terms of payment, such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear
<br />interest from the date of disbursement or the date incurred at the rate set forth in the Note or the rate provided in the most recent obligation
<br />covered by the Guaranty, unless payment of interest at su,ih rate would be contrary to applicable law, in which event such amounts shall
<br />lner toreros r at fl r, highest rate permitted a applicable law. Nothing contained in this paragraph shall require a 8eneliciar to incur any
<br />rxpemn or take any action hereunder, Beneficiary shall, at its option, be suhrngated to any encumbrance, lien, claim or demand and to all
<br />rights and securiries for the payment thereof paid or dischargnd by Beneficiary under the provisions hereof and any such subrogation rights
<br />shall he additional and cumulative security for this Deed of Trust. Page 2 of 5
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<br />200205117
<br />2. Payment of Indebtedness. Trustor shall promptly pay or music to be paid when duo the ObAgations and all other indehtedne.ss, The
<br />Truster shall also promptly and fa+ithhdly chser ✓r. all of its obligations under any other ojed of trust encumbering all or part of the Trust
<br />Property and, .r npplicabin, any promissory note, guaranjyrror nther.,{erm or eQ!�(,ractual indebtedness secured by such offer deed of trus t,
<br />whether junior of senior to the lien of this Deed of Trust, and any orher obligations secured by a lien on the Trust Property, whether arising
<br />consensually or by operation of law.
<br />3. Construction of Improvements. Trustor shall complete in good and workmanlike manner any buildings, improvements or repairs relating
<br />thereto which may be begun on the Trust Property or contemplated by the Obligations secured hereby, to pay when due all costs and
<br />liabilities incurred therefor, and not to permit any' construction lien against such Trust Property. In tha event construction of buildings,
<br />improvements or repairs are contemplated, Tru.s, *or also agrees, andnhing in this Deed of Trust to the contrary notwithstanding; (a) to
<br />promptly commence any such work and to complete the proposed improvements promptly, (b) to complete the same in accordance with the.
<br />plans and specifications as approved by Beneficiary, (c) to comply with all the terms of a building loan agreement, if any, between Trustor
<br />and Beneficiary, the terms of which are incorporated herein by reference and made a part hereof, /d) to allow Beneficiary to inspect the Trust
<br />Property at all times during construction, and (a) to replace any work or materials unsatistactory to Beneficiary within fifteen (151 days after
<br />written, notice from Beneficiary of such fact.
<br />4. Funds for Payment of Charges. If requested ar any time or from; time to time by the Beneficiary, Trustor shall pay to Beneficiary on the
<br />first day of each month, or such other date each month as may be specified by Beneficiary, until the Obligations are paid in frill, r. sum
<br />hereinafter the "Funds') equ_rl to 7 1121h of the yearly taxes and assessments which may attain priority over this Dv d of Trust and ,ground
<br />rents on the Trust Property, if any, plus 7172(h of the yearly premium installments for hazard insurance, plus 1 112th of the yearly premium
<br />installments for mortgage insurance, if any, all as reasonably estimated initrall y and from time to time by Beneficiary on the basis of
<br />osses.srnents and bills and reasonable estimates thereof. The Funds shall be held in an institution, the deposits or accounts of which are
<br />insured or guaranteed by y fereral or state agency including Beneficiary. Senef.-crary shall apply the Funds to pay said taxes, assessments,
<br />insurance premiums and ground rents. Beneficiary shall nor be required to pay Trustor any interest or earnings on the Funds. Beneficiary shall
<br />give to Trustor, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each
<br />debit to the Funds was made. The Funds are pledged as additional security for the Obligations secured by this Deed of Trust, if the amount
<br />of the Funds held by Beneficiary, together with the future monthly installments of Funds payable prior to the due dates of taxes,
<br />assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums
<br />and ,ryrou"td rents as they fat/ due, such ercAs^ shV/ be, at T us!or's option, rthc: prorrrptfy rcpor.'t to Truster or credited to Trustor ago :rst
<br />furure rriothly installments or Funds. 11 the amount of the Funds held by Beneficiary shall not be sufficient to pay taxes, assessments,
<br />insurance premiums and ground rants as they fall doe.. Trustor shall pay to Beneficiary any amount necessary to make up the deficiency
<br />:within thirty days from the date notice is mailed by Beneficiary to Trustor requesting payment thereof. Upon payment in full of air
<br />Obligations, Srneficiary shall promptly refund to Trustor any Funds held by Beneficiary. If the Trust Property is sold under the power of sale
<br />or the Trust Property is otherwise acquired by Beneficiary, Beneficiary shall apply, immediately prior to the sale of the Trust Property or its
<br />acquisition by Beneficiary, any Funds held by Beneficiary at the time of application as a credit against the Obligations. If Beneficiary executes
<br />a written waiver of Trustor's obligations under this Section, Trustor covenants and agrees to pay, before the same become delinquent, all
<br />taxes, assessments, insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against
<br />the Trust Property. Trustor further agrees, upon written request by Beneficiary, to promptly deliver to Beneficiary all receipts for the payment
<br />of such charges. Trustor likewise agrees to pay all taxes, assessments and other charges levied upon or assessed, placed or made against,
<br />or measured by, this Deed of Trust or the fecord'tion hereof.
<br />5. Application of Payments. All payments ecuved by Beneficiary as to any debt, liability or obligation owed to Beneficiary by Trustor may
<br />be applied by Beneficiary to the payment of rho Obligations in any order or manner of application which Beneficiary, in its absolute discretion,
<br />dccrras appropriate.
<br />6. Charges; Liens. Trustor will keep the Trust Property free from all liens and encumbrances, whether prior or subordinate to :his Deed of
<br />Trust, other than the lien of current real estate taxes anc7 installments of official assessments with respect to which no penalty is yet
<br />payable; provided, however, that Trustor need not discharge any such lien so long as Trustor sha!I agree, in writing, to pay the obligation
<br />secured by such lien in a manner acceptable to Beneficiary and shall in good faith contest such lien by approp- %are legal proceedings effective
<br />to prevent the enforcement of the lien or the loss of any interest in or part of the Trust Property, and shall also give such reasonable security
<br />to Seneficiary as may be demanded by Beneficiary to insure compliance therewith. The Beneficiary may in its sole discretion defend the lien
<br />of this Deed of Trust and all costs and attorneys' fees incurred by Beneficiary in said defense shall be raimbursed by Trustor or added to the
<br />Obligations.
<br />7. Hazard Insurance. Trustor shall keep the buildings and oth_ r improvements now existing or hereafter erected on the Trust Property
<br />insured by insurance carriers satisfactory to Bcnefici,,try against ioss by fire, hazards included in the term "extended coverage" and such
<br />other haznrri?. Casualties and contingencies, including war damage insurance, as may be required by Beneficiary, in such amounts and for
<br />such pu io.,s as may ae required by Beneficiary. The policy of insurance shall be in form acceptable 7o Beneficiary and shall not contain :i
<br />defense based on coinsurance, and shall contain the standerd provision that no art of the Beneficiary or of the Beneficiary's agents or
<br />rc•pr-%sentVivr,S will render the policy void as to the Beneficiary or nffer.t rho Beneficiary's right,to recover in case of loss, and the policy or
<br />policies shall provide that the same may riot be canceled or modified without fifteen (15) days prior written notice to Beneficiary, and have
<br />Inns pa�r;lhle nrovisinns in favor of a 9 in ( ^r, ^r accnprcMe !o'8.:, ^c `ice ;try. A!r premrur -s OR inscranca'pc / °cfes shall be paid .h rho mu,rner
<br />provided under the Section entitled "Funds for Payment of Charges " herein or, if not paid in such manner, by Trustor making payment at
<br />Inast bfteen (15) days prior to the due date, directly to the i tsuranc•e carrier. Beneficiary shall have the right to hold the policies and renewals
<br />thereof and Trustor shall promptly furnish to Beneficiary all renewal notices and all paid premium receipts received by it, In no evem shall
<br />Bcneficiary or Trustee be held responsible for failure to pay insurance premiums or far, any loss or damage arising out of a defect in any
<br />policy or arising out of any failure of any insurance company to pay for anv loss or damage insured against or for failure by Trustor to effect
<br />the insurance required hereunder. In the event of loss, Trustor shall .give prompt notice by mail to the insurance carrier and Beneficiary.
<br />Beneficiary may make proof of rocs if not made promptly or in proper font by Trustor. All policies of insurance and any and all refunds of
<br />unearned premiums are hereby assigned to Beneficiary as additional security for the payment of the Obligations. !r, the event of Beneficiary's
<br />exercise of the power of sale contained herein, or in the event of foreclosu +'e, all right, title arrd interest of Trustor in and to any insurance
<br />policy then in force shall pass to the purchaser at the trustee's sale or foreclosure sale. In case of any loss, the insurance proceeds may, at
<br />the option of Beneficiary, he applied by Prneficiary upon the Obligations, or any part thereof, and in such order and amount as Beneficiary
<br />may determine- nr said insurance proceeds, ar the option of Beneficiary, tray either be used in replacing or rostonng the Trust Property
<br />partially or totally desfro yed to a condition s :rriSfaclory ro Beneficiary; or said insurance proceeds, or any portion thereof, may be released to
<br />Trustor. Unless Beneficiary arid 'Trustor otherwise agree in writing, anv such application of insurance proceeds shall nor extend or postpone
<br />the dun date of any note or agreement evide t7cine the Obligations, or any installments called for therein, or change the amount of such
<br />installments. N the Trust Property is acgrurrod by Beneficiary pursuant to the exercise of the power of sale or other foreclosure, all right. title
<br />and interest of Trustor in and to any insurance proceeds pavab/e as a result of damage to the Trust Property prior to the sale or acquisition
<br />:.hall pass to Beneficiary and shall be applied first to the costs and expenses, including attorneys' fees, incurred in collecting such proceeds,
<br />then in the manner and in the order provided herein. Notwithstanding anything contained in this Section to the contrary, if this Deed of Trust
<br />is on a condominium or a town house and there is a master insurance policy in force covering the common areas and facilities and all
<br />condominiums and town houses loca ?ed in that development, then, unless otherwise notified in writing by the Beneficiary, the Trustor shall
<br />have no obligation to maintain rho" Insurance required hereunder, and will assign all benefits and proceeds received thereon to the Beneficiary
<br />and, in the Beneficiary's sole discretion, name the Beneficiary as the named insured on said policy. Whenever such insurance is in force
<br />(rogardlc.s.s of whether requested by the Beneficiary or not) the Trustor hereby authorizes the Beneficiary to cancel such insurance whenever
<br />the Beneficiary determines that such insurance does not adequately protect the Beneficrary's interest,
<br />8. Preservation and Maintenance of Trust Properly. Trustor will keep the buildings and other improvements now or hereafter erected on the
<br />Trust Property in good repair ano condition, ordinary depreciation excepted. and shall provide all utility services necessary for the operation
<br />and preservation of the Trust Property. Truster will not commit or permit waste, will not alter the design or structural character constituting
<br />any building now or hereafter erected on and constituting the Trust Property without the prior written consent of Beneficiary, will not do any
<br />act or thing which would unduly impair or depreciate the value of the Trust Property and will not abandon the Trust Property. Trustor will not
<br />remove any fixtures constituting the Trust Prnperty unless rho same are :immediately replaced with like property subject to the lien and
<br />security interest of this Deed of Trust arid of at least equal value and utility. Trustor will comply with all present arid future ordinances,
<br />urn rlaninon and rGryuirernnais of ,airy govenmonra/ beefy which ire applicable to the Trust Property and to the occupancy and use thereof. if
<br />thin; Deco of art. st is on a unit in n condonunium or a planned unit development, Trustor shall perform all of Trustor's oh.'igatruns under the
<br />declatwions or covenants creating or governing the condominium or the planned unit development, the bylaws and regulations of the
<br />condominium or planned unit development, and the constituent docufrronfs.
<br />9. inspection. Beneficiary or its agents may, at all reasonable fifties, enter upon the Trust Property for the purpose of inspection including,
<br />but not limited to environmental resting. Beneficiary .shall have no duly to make such inspection and shall not be. liable to Trustor or 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 act,on
<br />or procoeding is commenced which (foes or may advorsclv'affrct the Trust Proprrty or the interest of Trustor or Beneficiary therein or the
<br />title of Trustor thereto, then Beneficiary, at its optinrr, may porforrn such covenants arid agreements, make such appearances, defend against
<br />andlor investigate" such action or proceeding and take such other action as Beneficiary deems necessary to protect its interest including, but
<br />not bmilcd to, disbursement of reasonable artnrn(; ys' lees and entry upon the Trust Property to make repairs. Any amounts disbursed or
<br />incurred by Beneficiary pursuant to this Section, including, but not limited to, reasonable attotnays' fees, with interest thereon, shall
<br />conslitute additional Obligations secured by this Deed of Trust Bc'rleficiory is hereby given an irrevocable power of attorney (which power is
<br />coupled with an interest for purposes of security) to enter upon the Trust Property as the Truster's agent and in the Trustor's name to
<br />perform any and all covenants and agreements to be performed by the Trustor as herein provided. Unless Trustor and Beneficiary agree to
<br />other terms of payment, such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear
<br />interest from the date of disbursement or the date incurred at the rate set forth in the Note or the rate provided in the most recent obligation
<br />covered by the Guaranty, unless payment of interest at su,ih rate would be contrary to applicable law, in which event such amounts shall
<br />lner toreros r at fl r, highest rate permitted a applicable law. Nothing contained in this paragraph shall require a 8eneliciar to incur any
<br />rxpemn or take any action hereunder, Beneficiary shall, at its option, be suhrngated to any encumbrance, lien, claim or demand and to all
<br />rights and securiries for the payment thereof paid or dischargnd by Beneficiary under the provisions hereof and any such subrogation rights
<br />shall he additional and cumulative security for this Deed of Trust. Page 2 of 5
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