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<br />msuthnco promiums. ground ronts, and all arhaT chargos whatsoovor lov/od upon or assossod. placod or made against tho Trust
<br />Propofly. Truslor fuTlhorogreos. upon writton roquasf by Boneliclary. 10 promplly dellvar 10 Beneficiary all recelpls for fli. paymonl 01
<br />such charges. Trustor fikewisD agrees to pay all faxes, assessments and othor clllJrgos lovlad upon or assessod. placed or modo
<br />against, or measured by. this Deed of Trust or the recordation hereof.
<br />5. Application of Peymonls. All paymenls raca/vad by BanaffcJary as 10 any dabl. liab/lily or obligation owod 10 Bonoflclary bY Truslor
<br />may be applied by Banaliclory to tho paymont of Ihalndeblodnass or fa any such otlJar debt, lIabHlIY or obligation, In ony ordar or
<br />mannor of appl/callon which Benoliciary. in lIs absolulo discrotlon. dooms approprlala. Unloss othorwlso o/actod by Bonaflc/ary. any
<br />such paymant shall bO doamad applfad first fa tha paymant of any debt. lIabllflY or obligation olhar Ihan Iha Nola.
<br />6. Chargas; Uens. Trustor will kaap fha Trusl Propafly free from all liens and encumbrances which In any way may, In Ihe Judgmenl of
<br />Benal/clary, have prlorllY over, or Impair Ihe securlly of, this Daad of Trusl bul Trustor need not discharge any such lian so long as
<br />Truslor shall agree, In writing, to pay fhe Obligation secured by such lian In a manner acceplable fo Baneflclary and shall In good faith
<br />conlasl such lien bY appropriate legal proceedings effective fa prevent the enforcament of the lien and Ihe loss of eny Intarest In or
<br />pari at the Trusl Propefly.
<br />7. Hazard fnsuranca. Trustor shall kaep the buildings and olhar Improvements now exlsflng or harealtar ereclad on fhe Trusl Propafly
<br />insured by insurance carriers satisfactory to Beneficiary against loss by fire. hazards included In the term "Bxtended coverago" 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 Beneficiary, and shall have loss payable provisions In favor of and
<br />in form acceptable to Beneficiary. All premiums on Insurance policies shall be pald 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 halle the right to hold the policies and renewals thereof and Trustor shall promptly furnish to Beneficiary all
<br />renewal notices and all paid premium re~eiprs received by it. In no event shall Beneficiary or Trustee be held responsible for failure to
<br />pay insurance plemiums or for any lDSS or damage arising out of a defect in Bny polley or arising out Df Bny faUure of any Insurance
<br />company to pay for any loss or damage insured against or for failure by Trustor to effect rhe insurance required hereunder. In the event
<br />of loss. Trustor shall give prompt notice by mail to tl7e 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 unearned 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, tiUe and interest of Tn.-star In and to any insurance polley 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 Dption of
<br />Beneficiary, be applied by Beneficiary upon the Indebtedness, or any part thereof, and in such Drder and amount as Beneficiary may
<br />determine: or said insurance proceeds, at the option Df Beneficiary. may either be used in replacing or restoring the Trust Property
<br />partially or totally destroyed to a condition sarisfactory 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 postpDne the due date of the Note. or any installmenrs calted for therein, or change the amount of such Installments. If the
<br />Trust Property is acquired by Beneficiary pursuant to the exercise Df the power 01 sale or other foreclosure, 81.' n'ght, 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 BeneficlaTY and shaJJ be applied first to the costs and expenses. including aNDmey fees, incurred in coJJecting such proceeds, then
<br />In the manner and in the order provided herein.
<br />B. Preservation and Maintenance Df Trust Property. Trustor will keep the buildings and other improvements now or hereafter erected on
<br />the Trust Proper'l}' in good repair and condition and will not commit or permit waste, will not alter the design or structural character
<br />constituting any building now or hereafter erected on and constituting the Trust Property without the pdor 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 nDt remove any fixtures constituting 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 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 8 condominium or a planned unit development, Trustor shall
<br />perform all of Trustor's obligations under the declarations Dr covenants cresting or governing the condominium or the planned unit
<br />development, the bylaws and regulations of the cDndominium Dr 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 Df inspection.
<br />Beneficiary shall have no duty to make such inspectiDn 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 />TO. Protection of Security. If Trustor fails to perlonn any of the covenants and agreemenrs contained in this Deed of Trust, or if any action
<br />or proceeding is commenced which does or may adversely affeclthe Trust Property or the interest of Trustor or Beneficiary therein or
<br />the title of Trustor thereto, then Beneficiary. at ds option, may perlann such convenants and agreements, make such appearances,
<br />defend against and investigate such action or proceeding and take such orher action as Beneficiary deems necessary to protect its
<br />interest including, but nor limited to, disbursement of reasonable attorney fees and entry upon the Trust Property tD make repairs. Any
<br />amounts disbursed by Beneficiary pursuant to this paragraph 10, WIth interest thereon. shall constitute Indebtedness of Trustor
<br />secured by this Deed of Trust. Untess Trustor and Beneficiary agree '0 other tenns of payment, such amounts shall be payable upon
<br />notice from Beneficiary to Trustor requesting payment thereof. and shalJ bear interest from the date of disbursement at the default rate,
<br />if any, set forth in the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall 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 Trustor's agenland, in Trustor's name or otherwise to perform any and a/l covenants and apreements to be
<br />performed by Trustor as herein provided. BenefiCIary shall, at its option, be subrogated to any encumbrance, fien, claim or demand
<br />and to all righrs 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 />11. Condemnation. The proceeds Df any award or claim for damages. direct or consequential. in connection with any condemnation Dr
<br />other taking of the Trust PropeTty, 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 witl 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 fait to do so, Trustor i"evocably
<br />authorizes and empowers Beneficiary, in the name of Trustor or otherwise, tD file, prosecute, seNle or compromise any such claim and
<br />to collect, receipr for and retain the proceeds. If the Trust PropeTty is abandoned by TruStOl, or, aher notice by Beneficiary to Trustor
<br />that the condemnor offers to make an award or settle a claim for damages. Trustor fails ro respond to BeneficJary within thirty (30) days
<br />after the date such notice is mailed. Beneficiary is authorized to colfect and apply the proceeds ;n the manner indicated herein, The
<br />proceeds of any award Of claim may, after deducting a1l reasonable costs and expenses, mcluding anomey fees. which may have
<br />been incu"ed 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 of the Indebtedness. Unless Beneficlsry and Trustor otherwise agree in wdtmg.
<br />any such application of proceeds to Indebtedness shall no' extend or postpone the due dare of the Note or the payment of any
<br />installments called for thereunder.
<br />12. Trustor Nor Released. Extension of the time for payment or modification of any amortization of the Indebtedness granted by BenefiCIary
<br />to any successor in interest of Trustor,shall not operate to release. in any manner, the lIability 01 TrustDr and Trustor's successors m
<br />tnteres~. BenefiCIary shall not be reqUIred to commence proceedings against such successor or refuse to extend tIme for payment or
<br />otherwtse modify amoftJzalJon of the Indebtedness by reason of any demand made by Trustor and Trustor.s successors
<br />,n interest.
<br />13. FinanciBJ Infotmabon. Upon request 01 8cneticlBry. Trustor WI/{ proVIde to BeneflClsry. W1thm nmery (00) days of the close 01 each ftsca!
<br />year 01 Trustor. the consolidated balance sheer and statement of eamtngs of TfusrO! and any and all guarantors of the Indebtedness
<br />secuntd herel1y. If an)". and wJ/1 proVIde and deliver to BenefICIary such other fmanC/almlormatlon Clnd In such manner as BenefICIary
<br />may reasonably reques, from Dme ro rime
<br />r4 Fmancial Covenants tn addmon ro any olher fmancidl covenants of Trusto! mlJc:Je In any orner Ilgreemont. rnsrrumenr or document
<br />Trustor shall comply WIth and ;;half cause any and all guarantors of rhe Indebtodness SBCUfltO M!SOy to comply wlrh, or be rn
<br />complIance wrm, the follOWing 'lnanc/ol covenants_ (ThIS paragraph shall nor ilpply rf CClVlHl.1ntS and mQUlrements art. no' set
<br />forth herein )
<br />'5 Schedu!o or Lessos Wlthm len I TOJ days arror demand. rrusrOl shall furnIsh ,n Bprw1'Clo1f'; .. ,>,-'1(>Oule 1",I(1r""11 /1' [ll'- "I/.',I[1r seNmq
<br />lOOn aD leases of tho Trust proporry. or ;In)' parDon theroot. mclueJmg In flU{" eRSel fhe n(Jme of rhp lan"",s III.... ,'uflWrl... d 170SCnplIt1"
<br />01 the space occup,oa Dr sue" lonant (}If OCCup3nf. rho rental po)'oblo '01 SU(-/'l Sl1dl ,. ,'lrlt1 sur" t1f"~r ,n'p""..,r(lI1 .1'." ,1(,('U"'I,"t5 WItt!
<br />,aspec.r to such lease!. and lonanoos III Bonofrc.llJ'V may fOasoniJb/~ tI.Illu,'~r
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