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200209092 <br />)Wass Beneficiary and truster otherwise agree in writing, insurance proceeds all be applied to realer slim, or <br />repair of the Property damaged if the restoration or repair is ecunomically feasible and Beneficiary's security is <br />not lessened. If the restoration or repair is not ec an em ice l ly feasible or Beneficiary's security would be lessened. <br />the insurance proceeds shall be applied to the Secured Debt, whether or not then duo, with any excess paid to <br />Truster. If Truster abandona the Property, of does 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 />may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or net then due. The <br />30 -day period will begin when the notice is given. <br />Jnless Beneficiary and Truster otherwise agree in writing, any application of proceeds to principal shall not <br />extend Or postpone the due date of scheduled payments or change the amount of the payments If the Property <br />is acquired by Beneficiary, Trustor'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 Secured Debt immediately before <br />the acquisition. <br />B. Truster 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 occurrence in er on <br />the Property. <br />C Trustor 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 lit 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, Truster will not he <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, Truster 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 Trustor's obligations under this Deed of Trust and Beneficiary's <br />lino status on the Property. If Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or <br />certificatas in Trrrstor'e name and Trustor hereby irrevocably appoints Beneficiary or Beneficiary's agent es 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 Used <br />of Trust are joint and individual, If Trustor signs this Deed of Trust but does not sign the Evidence of Debt. Trustor <br />ones so only to mortgage Trustor'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 Trustor 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 />Trustor's consent. Such a change will not release Trustor from the terms of this Deed of Trust. The duties and <br />benefits of this Deed of Trust shall bind slid benefit the successors and assigns of Trustor and Beneficiary. <br />If this Deed Of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure the Ohligation <br />which is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustor or any party indebted under the obligation including, but not limited TO, anti- defirichey 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 />Properly 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 conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the <br />variations by written agreement. If any section or clause of this Dead of Trust cannot be. enforced according to its <br />Terms. that section 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 tho plural and the plural the singular. The captions and headings of the <br />sections of this Deed of Trust are for convenience only and are not to be 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 Deed 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 Decd of Trust, or to any other address designated in writing. <br />Notice to one truster will be deenhed to be notice to all trusters. <br />(t ,v 6 of B) <br />F1dV;1W c ss3, 2001 c.o,- 1,1 —,.- Sv 11-11, Mo Fmm T,ii sas'.E s/h /0000 �� f <br />