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<br />88- <br /> <br />100249 <br /> <br />I <br /> <br />1. Payment of Indebtedness. To pay when due, the principal of, and the interest <br />on, the indebtedness evidenced by thE note, charges, fees and all other sums as pro- <br />vided in the loan instruments. <br /> <br />2. Title. Trustor is the owner of the property and has the right and authority <br />to execute this Deed of Trust in respect to the property. <br /> <br />3 . Taxes and Assessments . To pay, when due, all taxes, special assessments <br />and all other charges against the property, before the same become delinquent, and, <br />in the event Beneficiary shall so require, to add to the payments required under <br />the note secured hereby, such amount as may be sufficient to enable Beneficiary to <br />pay such taxes, assessments or other charges as they become due. <br /> <br />4. Insurance . To keep the improvements now or hereafter located on the real <br />estate described herein insured against damage by fire and such other hazards as <br />Beneficiary may require, in amounts and companies acceptable to Beneficiary, and <br />with loss payable to Beneficiary. In case of loss under such policies, Beneficiary <br />is authorized to adjust, collect and compromise, in its discretion, all claims there- <br />under and, at its sole option, is authorized to either apply the proceeds to the <br />restoration of the. property or upon the indebtedness secured hereby, but payments <br />required by the note shall continue until the sums secured hereby are paid in full. <br /> <br />5. Repair, Maintenance and Use. To promptly repair, restore or rebuild any <br />buildings or improvements now or hereafter on the property; to keep the property <br />in good condition and repair, wi thout waste and free from mechanics or other liens <br />not expressly subordinated to the lien hereof; to not make, suffer or permit any <br />nuisance to exist nor to diminish or impair the value of the property by any act <br />or omission to act; and to comply wi th all requirements of law with respect to the <br />property. <br /> <br />6. Condemnation. In the event the property, or any part thereof, shall be <br />taken by eminent domain, Beneficiary is entitled to collect and receive all compensa- <br />tion which may be paid for any property taken or for damages to property not taken, <br />and Beneficiary sahlI apply such compensation, at its option, either to a reduction <br />of the indebtedness secured hereby or to repair and restore the property so taken. <br /> <br />7. Performance by Beneficiary. Beneficiary may, but shall have no obligation <br />to, do any act which Trustor has agreed but failed to do, and Beneficiary may also <br />do any act it deems necessary to protect the lien hereof. Trustor agrees to repay, <br />upon demand, any sums so expended by Beneficiary for the above purposes, and any <br />sum so expended by Beneficiary shall be added to the indebtedness secured hereby <br />and become secured by the lien hereof. B8neficiary shall not incur any personal <br />liability because of anything it may do or omit to do hereunder. <br /> <br /> <br />B. Assiqnment of Rents. Beneficiary shall have the right, power and authority <br />during the continuance of this Deed of Trust to collect the rents, issues and profits <br />of the property and of any personal property located thereon with or without taking <br />possession of the property affected hereby, and Trustor hereby absolutely and uncondi- <br />tionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, <br />however, hereby consents to Trustor's collection and retention of such rents, issues <br />and profits as they accrue and become payable, so long as Trustor is not, at such <br />time, in default with respect to payment of any indebtedness secured hereby, or in <br />the performance of any agreement hereunder. If any event of default described here- <br />after in respect to this Deed of Trust shall have occurred and be continuing, Benefi- <br />ciary, as a matter of right and without notice to Trustor or anyone claiming under <br />Trustor, and without regard to the value of the trust estate or the interest of the <br />Trustor therein, shall have the right to apply to any court having jurisdiction to <br />appoint a receiver of the property. <br /> <br />9. Transfer of Property. If alIaI' any part of the property or any interest <br />of Trustor therein j,s sold, transferred or further encumbered without the express <br />or written consent of Beneficiary, Beneficiary may, at its sole option, declare all <br />sums secured by this Deed of trust to be immediately due and payable and proceed <br />to the remedies available to it under the default provisions contained herein. <br /> <br />r--- <br /> <br />10. Events of Default. Any of the following events shall be deemed an event <br />of default hereunder: <br /> <br />l <br /> <br />(a) Trustor shall have failed to make payment of any in- <br />stallment of interest, principal or principal and interest or <br />any other sums secured hereby when due; <br /> <br />,if <br />.1 <br />~ <br />~ <br />~ <br /> <br />,,/ <br />~. <br /> <br />-,/- <br /> <br />-1 <br />