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~ ~". I ("f,)5 co ~ , 0 0 6, ..., , 00 7. 00 L I Insurance premIUms, Qlound rents, and iJlI other charges wllatsoever levlerl upon or assessed, placed or made agamst the Trust Property. T,usto,lurthel agrees, upon wllllen request by Belleliclaw to plOmptly deliver to Benellclary alllecelpts lor the payment 01 such cha/ges, Trustor tlkewlse agrees to pay all taxes, assessments and other charges leVied upon or assessed, placed 0' made against. 0' measured by, thiS Deed 01 Trust 0' the recordation 11ereol, Application 01 Payments, All payments received by Beneliclary as to any debt, liability or obligation owed to Benellclary hI' Trusto, may be applied by Beneliciary to the payment 01 the Indebtedness 0' to anv such other debt, liability or obligation. in any order or manne' 01 application which Beneficiary, m its absolute discretion. deems applOpllate, Unless othe,wlse elected by Beneliciary. any such payment shall be deemed applied lirst to the payment of anv debt, liability 0' obtigatlon othe, than the Note, Charges; Uens, Trustor will keep the Trust PlOperty free flOm all liens and encumbrances wNch in any way may, in the judgment of Beneficiary, have priority over, or impair the se-::urity of, this Deed 01 Trust but Trusto, need not discharge any such lien so long as Trustor shall agree, in w,iting, to pay the obligation seculed by such lien In a manner acceptable to Beneficiary and shall in good faith contest such lien by applOpriate legal plOceedings effective to pie vent the enforcement of the lien and the loss 01 any interest in or part of the 1 rust PlOperty. Hazard Insu/8nce. Trustor shall keep the buildings and other implOvements now existing or helealter erected on the Trust Property insured by insurance carriers satisfactory to BenefiCiary against loss by fire, hazards included in the term "extended coverage" and such other hazards, casualties and contingencies as may be required by Beneficiary, in such amounts and for such periods as may be required by Beneficiary. The policy of insurance shall be in form acceptable to Beneficiary, plOvide that the same may not be cancelled 0' modified without filteen (15) days prior written notice to Beneficiary, and shall have loss payable provisions m favor of and in form acceptable to Beneficiary. All premiums on insurance policies shall be paid in the manner p,ovided under paragraph 4 hereol a', if not paid in such manner, by Trustor making payment at least filteen (15) days prior to the due date, directly to the insurance carrier. Beneficiary shall have the ,ight to hold the policies and lenewals thereof and Trustor shall promptly lurnish to Beneficiary all renewal notices and all paid premium receipts leceived by it, In no event shall Beneficiary or Trustee be held responsible for failule to pay insurance premiums or for any loss or damage a,ising out of a defect in any policy or arising out of any failure of any insurance company to pay for any loss or damage msured against or for failure by Trustor to effect the insurance required hereunder, In the event of loss, Trustor shall give prompt notice by mail to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made plOmptly or in proper lorm by Trustor, All policies of insurance and any and all relunds of unearned premiums are hereby assigned to Beneficiary as additional security fo, the payment 01 the Indebtedness, In the event of Beneficiary's exercise of the powe, of sale contained herein, or in the event of foreclosure, all right. title and interest of Trustor in and to any insurance policy then in force shall pass to the purchaser at the trustee's sale or loreclosure sale. In case 01 any loss, the insu,ance proceeds may, at the option of Beneficiary, be applied by Beneficiary upon the Indebtedness, or any part thereof, and in such order and amount as Beneficiary may determine; or said insurance proceeds. at the option of Beneficiary, may either be used in replacing or restoring the Trust Property partially or totally destroyed to a condition satisfactory to Beneficiary; or said insulance proceeds, or any portion theroof, may be released to Trustor, Unless Beneliciary and Trustor otherwise agree in writing, any sllch application of insurance proceeds shall not extend or postpone the due date of the Note, or any installments called for therein, or change the amount of such installments. /I the Trust Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other foreclosure, all light, title and interest 01 Trustor in and to any insurance proceeds payable as a result 01 damage to the Trust Property prior to the sale or acquisition shall pass to Beneficiary and shall be applied first to the costs and expenses, including attorney fees, incurred in collecting such proceeds, then in the manner and in the order provided herein, 8. Preservation and Maintenance of Trust Property, Trusto, will keep the buildings and other improvements now 0' herealter elected on the Trust Property in good repair and condition and Will not commit or pe,mit waste, will not alter the design or structulal character constituting any building now or herealter erected on and constituting the Trust Property without the prior written consent of Beneficiary, will not do any act or thing which would unduly Impair or depreCiate the value of the Tlust Property and will not abandon the Tlust Property, Trustor will not remove any fixtures constituting the Trust Property unless the same are Immediately ,eplaced with like property subject to the lien and secumy interest of this Deed of Trust and of at least equal value and utility, Trusto, Will comply with all present and future ordinances. regulations and requirements of any governmental body which a/8 applicable to the Trust Property and to the occupancy and use thereof. /I this Deed of Trust is on a unit in a condominium or a planned Untt development. Trustor shall perform all of Trustor's obligations under the declarations or covenants c,-eating or governtng the condommlum or the planned unit development, the bylaws and regulations of the condominium or planned unit development, and the constituent documents. 9. Inspection. Beneficiary or its agents may, at all reasonable times, ente,upon the Trust Property for the purpose of mspection, Beneficiary shall have no duty to make such inspection and shall not be liable to Trustor or to any person In possession if it makes 0' fails to make any such inspection. 10. Protection of Security. /I Trustor fails to perform any of the covenants and agreements contamed m thiS Deed 01 Trust, 0' if any action or proceeding is commenced which does or may adversely affect the Trust Property or the interest 01 Trusto, or Beneficiary therein or the title of Trustor thereto, then Beneficiary, at its option, may perform such convenants and agreements, make such appea,ances, defend against and investigate such action or proceeding and take such other action as Beneficiary deems necessary to protect its interest including, but not limited to, disbursement of reasonable attorney fees and entry upon the Trust Property to make repairs. Any amounts disbursed by Beneficiary pursuant to this paragraph 10. with interest thereon. shall constitute Indebtedness of Trustor secured by this Deed of Trust. Unless Trusto, and Beneficiary agree to other terms of payment. such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof. and shall bear interest from the date of disbursement at the default rate. if any, set forth in the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require Beneficiary to incur any expense or take any action hereunde" Trustor irrevocably authorizes and empowers Beneficiary to emer upon the Trust Property as Trustor's agent and. in Trustor's name or otherwise to perform any and all covenants and agreements to be performed by Trustor as herein provided, Beneficiary shall, at its option, be subrogated to any encumbrance. lien, claim or demand and to all rights and securities for the payment thereof paid 0' discha'ged by Beneficiary under the provisions hereof and any such subrogation rights shall be additional and cumulative security for thiS Deed of Trust. 11. Condemnation. The proceeds of any award or ciaim for damages, direct or consequential, in connection with any condemnation 0' other taking of the Trust Property, or any part thereof. or for conveyance in lieu of or in anticipation of condemnation, are hereby assigned to and shall be paid to Beneficiary, Trustor will file and prosecute, in good faith and with due diligence. its claim for any such award or payment, and will cause the same to be collected and paid to Beneficiary, and, should it fail to do so. Trustor irrevocably authorizes and empowers Beneficiary, m the name of Trustor or otherwise. to file. prosecute, settle or compromise any such claim and to collect, receipt for and retain the proceeds, If the Trust Property is abandoned by Trustor, or, alter notice by Beneficiary to Trusto, that the condemnor offers to make an award or settle a claim for damages. Trustor fails to respond to Beneficiary within thirty (30) days after the date such notice is mailed. Beneflc/ary is authorized to collect and apply the proceeds in the manne, indicated herein. The proceeds of any award or claim may, alter deducting a/l reasonable costs and expenses, including attorney fees, which may have been incurred by Beneficiary in the collection thereof, at the sole discretion of BenefiCiary, be released to Trusto" applied to restoration of Trust Property. or applied to the payment of the Indebtedness, Unless Beneficiary and Trusto, otherwise agree IfJ writing, any such application of proceeds to Indebtedness shall not extend or postpone the due date of the Note or the payment of any installments called for thereunder. 12, Trustor Not Released, Extension of the time for payment 0' modification of any amortization of the Indebtedness glanted by BenefiCiary to any successor in interest of Trustor shall not operate to release. in any manner, the liability of Trustor and Trusto,'s successo,s IfJ interest. Beneficiary shall not be required to commence proceedings against such successor 0' refuse to extend time fa, payment I)( otherwise modify amortization of the Indebtedness by reason of any demand made by Trusto, and Trustors successors in IfJterest. 13, Financial Information. Upon request of Beneficiary, Trusto, will proVide to BenefiCiary, within fJ/nety (90) days of the ciose of each Ilscal year of Trustor, the consolidated balance sheet and statp.ment of earmngs 01 Trustor and any and all guaranto,s of the In(lebtedness secured he,eby, If any, and will proVide and deliver to Beneflc/ary such olhe, linancial mfOIl1Jatloll and IfJ such manner as BenefiCiary may reasonably request from time to lime, 14 FlfJanc/al Covenants, In addlt/on to any oth8l1lfJanclal covenants of Trusto, made IfJ any othe, agleement, IfJst/Ument 0' documellt TrustOl shall comply With and shall cause any and all gU8lanto,s 01 the Indebtedness secured IJereby to comply With, 0' be 111 comphance wltl), the followlIlg Ilnanc/al covenants (7hls palaglaph shall not apply d covenants ilnd reqwremonts arp not Sf>t 10,thlw,euJ ) /I 15 SC/leclulo 01 L.98SeS Wit/JIll ton (10) (Jays alter (Iemand, T'ustor shalf lurll/sh 10 Boneflclarv a schedule, ("eltif,pc! fo Ily Tn:sf/1! ';pt/lI1(1 forlh all leas os of fhe trust Propony, Of any portion thereof. mcluellng III each case the nilme of the tendnl,." ,"'ClIflilnts d (!pSCIIP(",1l of tho spacn OCCllfJ/P(/ tJY sllch tOf)l,nl 01 occupant. 1110 rental payablo for sucll spacp and C}uc!' (lfllpr ifl'lllln'/!!ll.'J (l/Hf (/Ocurnpn/s w1fh (eSpect to Such IOH.SfJ5 and /onanclOs as f3onoftClHry (nay rOlJsonalJ/Y {POl/OS' {;f f~1 .!~I \, ... ~