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<br />._?\ <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 Beneficiary, to promptly deliver to Beneficiary all receIpts for the payment of <br />such charges, Trustor likewise agrees:/o pay all taKes, assessments and other charges levied upon or assessed, placed or made <br />It:l agaInst, or measured by, this Deed of1'rust or the recordation hereof. <br />CQ5' Application of Payments, Alf payments received by Beneficiary as to any debt, lI~billty or obligation owed to BeneficIary by Trustor <br />c:.c may be applied by EJenefic/ary to the payment of the Indebtedness or to any such other debt, liability or obligatIon, In any order or <br />manner of application which Beneficiary, in Its absolute discretion, deems appropriate, Unless otherwise elected by Beneficiary, any <br />c.l such payment shall be deemed applied first to the payment of any debt, liability or obligation other than the Note, <br />01,..6. Charges; Uens. Trustor will keep the Trust Property free from all liens and encumbrances which in any way may, In the Judgment of <br />Beneficiary, have priority over, or impair tile Sf'aurity of, this Deed of Trust but Trustor need not discharge any such lien so long as <br />Trustor shall agree, in writing, to pay the obligation secured by such lien In a manner acceptable to Beneficiary and shall In good faith <br />CO contest such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any interest In or <br />CX) part of the Trust Property. <br />7, Hazard Insurance. Trustor shall keep the bulfdings and other improvements now eKlsting or hereafter erected on the Trust Property <br />insured by insurance carriers satisfactory to Beneficiary against (ass by fire, hazards./ncluded in the term "eKtended coverage" and <br />such other hazards, casualties and contingencies as may be required by Beneficiary, in such amounts and for such periods as may be <br />required by Benaficiary. The polley of Insurance shall be In form acceptable to Beneficiary, provide that the 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 paragraph 4 hereof <br />or, if not paid In such manner, by Trustor making payment at least fifteen (15) days prior to the due date, directly to the insurance <br />carrier. Beneficiary shall have the right to hold the policies and renewals thereof and Trustor shall promptly furnish to Beneficiary all <br />renewal notices and all paid premium receipts received by it. In no event shall Beneficiary or Trustee be held responsible for failure to <br />pay Insura"ce premiums or for any loss or damage arising out of a defect In any policy or arising out of any failure of any Insura.'1ce <br />company to pay for any loss or damage insured against or for failure by Trustor to effect the Insurance required hereunder. In the avent <br />of loss, Trustor shall give prompt notica by mail to the Insurance carrier and Beneficiary, Beneficiary may make proof 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, title 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 of Beneficiary, may either be used in replacing or restoring the Trust Property <br />partially or totally destroyed to a condition satisfactory to Beneficiary; or said insurance proceeds, or any port/on 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. If the <br />Trust Property is acquired by Beneficiary pursuant to the eKercise 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 eKpenses, including attorney 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 not commit or permit waste, will not alter the design or strucrural character <br />constituting any building now or hereafter erected on and constituting the Trust Property without the prior written consent of <br />Beneficiary, will not 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 constiruting the Trust Property unless the same are immediately replaced with <br />like property subject to the lien and security interest of this Deed of Trust and of at least equal value and utility, Trustor will comply with <br />all present and luture ordinances, regulations and requirements of any governmental 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 the planned unit <br />development, the bylaws and regulations of the condominium or planned unit development, and the constiruent documents. <br />9. Inspection. Beneficiary or its agents may, at all reasonable times, enter upon the Trust Property for the purpose of inspection. <br />Baneficiary shall have no duty to make such inspection and shall not be liable to Trustor or to any person in possession if it makes or <br />fails to make any such inspection. <br />10, Protection of Security. If Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust, or il any action <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, at its option, may perform such convenants and agreements, make such appearances, <br />defend against and Investigate such action or proceeding and take such other action as Beneficiary deems necessary to protect its <br />interest Including, but not limited to, disbursement of reasonable attorney fees and antry upon the Trust Property to make repairs, Any <br />amounts disbursed by Beneficiary pursuant to this paragraph 10, with interest thereon. shall constirute Indebtedness of Trustor <br />secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms 01 payment, such amounts shall be payable upon <br />notice Irom Beneficiary to Trustor requesting payment thereof, and shall bear interest Irom the date of disbursement at the default rate, <br />if any, set fonh in the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require <br />Beneficiary to incur any eKpense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon <br />the Trust 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 Trustor as herein provided, Beneficiary shall, at its option, be subrogated to any encumbrance, lien, claim or demand <br />and to ail 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 lor this Deed of Trust. <br />11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or <br />other taking of the Trust Property, or any part thereol, 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 laith 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 />to collect, receipt for and retain the proceeds, If the Trust Property is abandoned by Trusror, or, alter notice by Beneficiary to Trustor <br />that the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within thirty (30) days <br />after the date such notice is mailed, Beneficiary is authorized to collect and apply the proceeds in the manner indicated herein. The <br />proceeds of any award or claim may, alter deducting all reasonable costs and eKpenses, including attorney fees, which may have <br />bean incurred by Beneficiary in the collection thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to <br />restoration of Trust Property. or applied to the payment 01 the Indebtedness, Unless Beneficiary and Trustor otherwise agree in writing, <br />any such application of proceeds to Indebtedness shall not eKtend or postpone the due date of the Note or rhe payment of any <br />Installments caffed for thereunder, <br />12. Trustor Not Released. Extension 01 the time for payment or modification 01 any amortization of the Indeb!fldness granted by BenefiCIary <br />to any successor in interest of Trustor shall not operate to release, in any manner, the liability of Trustor and Trustor's successors in <br />interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to eKtend time for payment or <br />otherwise modify amortization of the Indebtedness by reason 01 any demand made by Trustor and Trustor's successors <br />in interest. <br />13, Financial Information, Upon request 01 Beneficiary, Trustor WIll proVIde to BenefICIary, wlthm nmety (90) days or the close 01 each Ilscal <br />year of Trustor, the consolidated balance sheet iJ.nd sratement of earnmgs of Trustor and any and all guarantors 01 rhe Indebtedness <br />secured hereby, if any. and will provide and deliver to Beneflcl8ry such other finanCIal information and in such manner as BenefiCIary <br />may reasonably request from time to time, <br />14, Financial Covenants. In addition to any other financ,al covenants 01 Trustor made many orher agreement, Instrument or document, <br />Trusror shall comply with and shall cause any and all guaranlors 01 the Indebtedness secured hereby to comply WJr/I, or be m <br />compliance WIth. the followmg ImanClal covenanls I ThIS paragraph shall nol apply ,1 covenants and reqUIrements are not set <br />forth herein) <br />t5 Schedule or Leases Within ten (10) days atter demand Trusror s/lall turnlsh to Benetloary a schedule, cer1lflec! to by Trustol spiting <br />torrh all leases of the Trust Property. or lIny portlonlh()roof rncludmg In each casp. the name of the tenants or OCClJPiJfltS. H rlescfI{")(Ion <br />01 rho space occupJed by such tenant or occupant. rho rental p;:yablp. fOf such space and such ntht")f IrlfnrfTItlflllf' iffll f t1t1( IlHfPflts \4o'1tfl <br />fPsppcr 10 such lease!; l'lnd tff'rlttnCItH: as Bano"ClIJry mfty fHt15Unah/~ realJest <br /> <br />t <br />