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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 pi mptly 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 measured by, this Deed of Trust or the recordation hereof. <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, liability or obligation, In any order or <br />7 manner of application which Beneficiary, in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficlary, any <br />such payment shall be deemed applied first to the payment of any debt, liability or obligation other than the Note. <br />f M B. Charges; Liens. Theta will keep the Trust Property free from all liens and encumbrances which in anyway may, in the judgment of <br />i Beneficiary, have priority over, or impair the security of, this Deed of Trust but Trustor need not discharge any such lien so long as <br />C9 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 />Q contest such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any interest in or <br />part of the Trust Property. <br />T. Hazard Insurance. Trustor shall keep the buildings and other improvements now existing or hereafter erected on the Trust Property <br />insured by insurance carriers satisfactory to Beneficiary against loss by fire, hazards included in the term "extended 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 Beneficiary. The policy 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 Beneficie and shall have loss <br />Beneficiary, 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 famish 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 insurance premiums of for any loss or damage arising out of a defect in any policy or arising out of any failure of any insurance <br />company to pay for any Moss or damage insured against or for failure by Trustor to effect the insurance required hereunder. in the event <br />of foss, Trustor shall give prompt notice 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. Ali policies of insurance and any and all refunds of unearned premiums are hereby <br />assigned to Beneficiary as additional security for tha payment of rule Indebtedness. In the event of Beneficiary's exercise of the power <br />of sale contained herein, or in the event of foreclosure, all riy,`,i, title and interest of Trustor in and to any insurance policy then in force <br />shall pass to the purchaser at the trustee's sacs or foreclosure sale. In case of any loss, the insurance proceeds may, at the option of <br />Ber►eficiary, be applied by Beneficiary upon the Indebtedness, or any par( 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 portion thereol, may be <br />released to Trusor. 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 exercise of the power of sale or other foreclosure, all right, tide 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 of acquisition shall pass <br />to Beneficiary and shall be applied first to the costs and expenses, including attorney fees, incurred in collecting such proceeds, then <br />in the manner and in the order provided herein. <br />S. Preservation and Maintenance of That Property. Trustor will keep the buildings and other improvements now or hereafter erected on <br />Me Trust Property In good repair and Condition and will not commit or permit waste, writ not after the design or structural character <br />constituting any bulk ing 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 depredate the value of the Trust Property and will not abandon <br />Me Trust Property . Trustor wig not remove any fixtures constituting the Trust Properly unless the same are Immediately replaced with <br />like property subwl to the lien and security interest of this deed of Trust and of at least equal value and utility. Trustoi will comply with <br />alf present and future 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 devebpmem. Trustor shag <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 constituent documents. <br />9. Inspection. Beneficiary or Its agents may, at all reasonable times, enter upon the Trust Property for the purpose of inspection. <br />Beneficiary shag 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 />WS 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 if any action <br />of proceeding is commenced which does or may adversely affect the Trust Properly or the interest of Trustor or Beneficiary therein or <br />the lift of Trustor thereto, then Beneficiary, at its option, may perform such cornvenants and agreements, make such appearances, <br />defend 898NW 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 anomey fees and entry upon the Trust Properly to make repatrs. Any <br />amounts disbursed by Beneficiary Pursuant odds paragraph 10, with interest thereon, shag constitute Indebtedness of Trrstor <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 Trustoi requesting payment theraW, and shall bear interest from the date of disbursement at the default rate, <br />if arty, set forth in doe Mole, or otherwise at the highest rate permitted by few- Nothing contained in this paragraph shag require <br />Beneficiary to incur any expense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon <br />the Trust Property as Trusta's agent and, in Trusor's name or otherwise to perform any and alf covenants and agreements to be <br />Performed by Trrstor as herein provided. Beneficiary shall, at its option, be subroga►ed to any encumbrance, lien, claim of demand <br />and to all rights and securities for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any such <br />subrogation rights shag be additional and cumulative security for this Deed of Trust. <br />71. 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 pan thereof, or for conveyance in feu of or in anticipation of condemnation, are hereby <br />assigned to and shag be paid to Beneficiary. Trustor will file and prosecute, in good laith and with due diligence, its claim for any such <br />award of payment and will cause the same to be collected and paid to Beneficiary, and, should it fail to do so, Trusor 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 Properly is abandoned by Trusor, or, after notice by Beneficiary to Trusor <br />that the condemnor offers to make an award or setts a claim for damages, Trustor falls to respond to Beneficiary within thirty (30) days <br />after the data 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, after deducting all reasonable costs and expenses, including attorney lees, which may have <br />been kxxered by BeW60lary in the collectnn thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to <br />restoration of Thisf Property, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writing, <br />any such application of proceeds to Indebtedness shag not extend or postpone the due date of the Note or the payment of any <br />lnstailmerrts caged for thereunder. <br />12. Trusor Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness granted by Beneficiary <br />fo 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- Benefixdary, shag not be required to commence proceedings against such successor or refuse to extend time for payment or <br />otherwise nxx ly amortization of the Indebtedness by reason of any demand made by Trustor and Trustoi s successors <br />in Interest <br />13. Financial WXY7181110n. Upon request of Beneficiary. Tiuslor will provide to Baneficiary, within ninety (g0) days of the close of each fiscal <br />Year Of Thaor, pie consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the Indebtedness <br />seared hereby, if any, and will provide and deliver to Beneficiary such other financial information and in such manner as Beneficiary <br />may reasons* request from time o time. <br />14 Financial Covrnw ts. In addition to any other financial covenants of Trustor made in any other agreement, instrument or document. <br />Trusor shay comply with and shag cause any and all guarantors of the indebtedness secured hereby to comply with, or be in <br />compliance with, the 1040wmg hnandat covenants: (Th!I peragraph shag not apply if covenants and requirements are not set <br />*loth therein.) <br />15 Schedule Of Lasses Winn hen (10) days after demand. Trustoi Shag furnish to Beneficiary a schedu)e. certified to by Trustor_ semng <br />forth AN leases of the Trust Property, or any portion thereof, including in each Case, the name of the tenants or occupants. a descnphon <br />of tin space occupied by such tenant or occupant, the rwdal payable low such space and such orhei ,ntom, ark— and documents with <br />respect to such kisses and ttlnwxfos as eeneeciery may reasonably request <br />