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<br />88- 102315
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<br />Insurance premIums. ground rents. and all other charges whatsoever levied upon or assessed, placed or made against the Trust
<br />Property. Trustor further agrees, upon written request by Benaficiary, to promptly deliver to Beneficiary all receipts for the payment of
<br />such charges. Trustor likewise agrees to pay all taxes, assessments and other charges levied upon or assessed. placed or made
<br />agaInst, or measurad by, this Deed of Trust or the recordation Ilereof.
<br />5. Application of Payments. All payments received by Beneficiary as to any debt, liability or obligation owed to Beneficiary by Trustor
<br />may be applied by Beneficiary to the payment of the Indebtedness or to any such other debt, lIabifity or obfigation, In any order or
<br />manner of application which Beneficiary, In its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any
<br />such payment shall be deemed applied first to the payment of any debt, lIablfity or obligation other than the Note.
<br />6. Charges; Uens. Trustor will keep the Trust Property free from all fiens and encumbrances which In any way may, In the judgment of
<br />Beneficiary, have priority over, or Impair the security of, this Deed of Trust but Trustor need not discharge any such fien so long as
<br />Trustor shall agree, in writing, to pay the obligation secured by such fien In a manner acceptable to Beneficiary and shall in good faith
<br />contest such lien by appropriate legal proceedings effective to prevent the enforcement of the fien and the loss of any interest in or
<br />part of the Trust Property.
<br />7. Hazard Insurence. Trustor shall keep the buildings and other improvements now exlsti'lq or nereafter F' Jcted on the Trust Property
<br />Insured by insurance carriers satisfactory to Beneficiary against loss by fire, hazara' i:,:;Jl!()'.d In the term "extended coverege" and
<br />such other hazards, casualties and contingencies as may be required by BeneficlBri', ,j, 5uo,;l, amounts and for such periods as may be
<br />required by Beneflclery. The polley of Insurance shell be In form ecceptable to Beneficiary, provide thetthe same may not be
<br />cancelled or modified without fifteen (15) days prior written notice to Beneficiary, and shall have loss payable provisions in favor of and
<br />in form acceptable to Beneficiary. All premiums on insurance policies shall be paid In the manner provided under paragreph 4 hereof
<br />or, It not paid in such manner, by Trustor making payment at least fifteen (15) days prior to the due date, directiy to the Insurance
<br />carrier. Beneficiary shall have the right to hold the poficies and renewals thereof and Trustor shall promptly fumlsh to Beneficiary all
<br />renewal noticas and all paid premium receipts received by it. In no event shall Beneficiary or Trustee be held responsibje for failure to
<br />pay Insurance premiums or for eny loss or damage arising out of a defect in any poficy or arising out of any failure of any insurance
<br />company to pay for any loss or damage insured against or for failure by Trustor to effect the Insurance required hereunder. In the event
<br />of loss, Trustor shall gIve prompt notice by mail to the insurance carrier and Beneficiary. Beneficiary may make proot of loss if not
<br />made promptly or In proper form by Trustor. All policies of Insurance and any and all refunds of uneamed premiums are hereby
<br />assigned to Beneficiary as additional security for the payment of the Indebtedness. In the event of Beneficiary's exercise of the power
<br />of sale contained herein, or In the event of foreclosure, all right, titie and interest of Trustor In and to any insurance policy then in force
<br />shall pass to the purchaser at the trustee's sale or foreclosure sale. In case of any loss, the insurance proceeds may, at the option of
<br />Beneficiary, be applied by Beneficiary upon the Indebtedness, or any part thereof, and in such order and amount as Beneficiary may
<br />determine; or said Insurance proceedS, at the option at Beneficiary, may either be used In replacing or restoring the TfUSt Properly
<br />part/ally or totally destroyed to a condition satisfactory to Beneficiary; or said insurance proceeds, or any portion thereof, may be
<br />released to Trustor. Unless Beneficiary and Trustor otherwise agree in writing, any such application of insurance proceeds shall not
<br />extend or postpone the due date of the Note, or any installments called for therein, or change the amount of such installments. ,,/he
<br />Trust Property is acqUired by Beneficiary pursuant to the exercise of the power of sale or other foreclosure, all right title and interest of
<br />Trustor in and to any insurance proceeds payable as a result of damage to the Trust Property prior to the sale or acquisition shall pass
<br />to Beneficiary and shall be applied first to the costs and e~penses, including a/lOmey fees, incurred in collecting such proceeds, then
<br />In the manner and in the order provided herein.
<br />8. Preservation and Maintenance of Trust Property. Trustor will keep the buildings and other improvements now or hereafter erected on
<br />the Trust Property in good repair and condition and will no/ commit or permit waste, will not aller the design or structural ch8nJC/er
<br />constituting any building now or hereafter erected on and constituting the Trus/ Property without the prior written consent of
<br />Beneficiary, will no/ do any act or thing which would undUly impair or depreciate the value of the Trust Property and will not abandon
<br />the Trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the same are immedialely replaced with
<br />like property sub/ectto the lien and security interest of this Deed of Trus/ and of at least equal value and utility. Trustor will comply with
<br />all present and future ordinances, regulations and requirements of any govemmental body which are applicable to the Trust Property
<br />and to the occupancy and use thereof. If this Deed of Trust is on a unit In a condominium or a planned unit development. Trustor shall
<br />perform all of Trustor's obligations under the declarations or covenants creating or governing the condominium or /he planned unit
<br />development. the bylaws and regulations of the condominium or planned unit development, and the constituent documents.
<br />9. Inspection. Benaficiary or its agents may, at all reasonable times, enter upon the Trust Property for the purpose of inspection.
<br />Beneficiary shall have no duty to make such inspection and shali not be liable to Trustor or to any person in possession if it makes or
<br />falls to make any such inspection.
<br />10. Protection of Security. If Trustor falls to perform any of the covenants and agreements contained in this Deed of Trust. or if any ection
<br />or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or Beneficiary therein or
<br />the title of Trustor thereto, then Beneficiary, a/ Its option, may perform such convenants and agreements, make such appearances.
<br />deiend against and investigate such aclion or proceeding and take such other ection as Beneficiary deems necessary to pro/8Ct its
<br />Interest Including, but not limited to, disbursement of reasonable a/lOmey fees and entry upon the Trust Property to make repairs. Any
<br />amounts disbursed by Beneficiary pursuant to this paragreph 10, with interest thereon, shall constitule Indeb/edness of Trustor
<br />secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be payable upon
<br />notice from Beneficiary to Trustor requesting payment thereof, and shall bear Interest from the date of disbursement at the defaull rate,
<br />if any, set forth In the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paregraph shall require
<br />BenefiCiary 10 incur any expense or take any action hereunder. Trustor Irrevocably authorizes and empowers Beneficiary to en/er upon
<br />the Trus/ Property as Trustor's agent and, in Trustor's name or otherwise to perform any and all covenants and agreements to be
<br />performed by Truslor as herein provided. Beneficiary shall, at its option. be subrogated to any encumbrance, lien, claim or demand
<br />and 10 ell rights and securities for the payment thereof paid or discharged by Beneficiary under the proviSions hereof and any such
<br />subrogation rights shall be additional and cumulative security for this Deed of Trust.
<br />II. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or
<br />other taIring of the Trust Property, or any part thereof, or for conveyance In lieu of or In anticipation of condemnation, are hereby
<br />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
<br />award or payment, and will cause the same to be collected and paid to Beneficiary, and, should it fail to do so, Trustor irrevocably
<br />authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to file, prosecute, settle or compromise any such claim and
<br />10 collect, receipt for and retain the proceeds. If the Trust Property is abandoned by Trustor, or, after notice by Beneficiary /0 Trustor
<br />that the condamnor oIfers to make an award or settle a claim for damages, Trus/or fails to respond to Beneficiary within thirty (30) days
<br />af/er /he date such nolice Is malied, Bonet/clary Is authorized to collect and apply the proceeds in the manner indicated herein. The
<br />proceeds of any award or claim may, af/er daducting all reasoneble costs and expenses, including attorney fees, which may have
<br />been incurred by Beneficiary In the collection thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to
<br />restoration of Trusl Property, or applied 10 the payment of the Indebtedness. Unless Beneficiary and Trus/or otherwise agree In writing,
<br />any such application of proceeds 10 Indebtedness shall not extend or postpone the due date of the Note or the payment of any
<br />Installments called for thereunder.
<br />12. Trustor Not Released. Extension 01 the time for payment or modification of any amortization of the Indebtedness granted by Bene~ciary
<br />10 any successor in interest of Trustor shall not operale to release, In any manner. the liability 01 Trustor and Trustor's successors in
<br />Interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to ex/end lime for payment or
<br />otherwise modify amortization of the Indebtedness by reason 01 eny demand made by Trustor and Trustor's successors
<br />in interest.
<br />13. Financiallnformalion. Upon request of Beneficiary, Trustor will provide to Beneficiary, within ninety (90) days of the close of each ~scal
<br />year 01 Trustor, the consolidated balance sheet end statement of earnings of Trustor and eny and all guarantors of the Indebtedness
<br />secured hereby, If any, and wl// provide and deliver to Beneficl8ry such other finencial informetion and in such manner as Bene~cl8ry
<br />may r9asonably request from time to time.
<br />t.. Financial Covenants. in addition to any other financlel covenants of Trustor made In any Olher agreement, Instrument or documenr.
<br />TrustOl shall comply with and shall cause any and all guarantors of the Indebtedness secured fleroby to comply wltfl. or be In
<br />compliance with. the lollowlng flnenciai c~"'en3nts: (Tllis paragraph shall nor apply II covenants and reQUlremenls me nol sel
<br />lor!h herein)
<br />'5 Schedule 01 Leases WiIIlfn len (10) days ShOT demand. Trustor shall furnish to BenefiCIary a schedule, cerfl/llH1'e> l1y 1'"sl'If spmnl]
<br />forth aflleases of 'hB Trusr Properly. or any porllon Ihereof. "lcludlng In each case. the name 01 Ifle ronllnls or o',[,lIp"nls i1 ,IPSenp,,,,n
<br />of tho space occuptfJd by such ronant or occupant, rho renlal payable for such space, and sue" llthm m'n"~Hltl(Jfl f1nc111(ll"IJrnI1f1r.'i WIth
<br />ffJSpocllo SUCh lOases ami lonanc,es liS Beneficiary may roasonatJly "'quest
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