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<br />r <br /> <br />88- 102315 <br /> <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 <br /> <br />L <br />