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<br />88- 105573
<br />Insuranco p,.,..mlums, ground ronts. and all olhur chorgDs w'mtsoDvor lovlOd upon or aS5ossod, pia cod or modo Dgomst IIw Trust
<br />Property Trustor funhor agreos, upon wnnon roquosI by Bonor/clary. '0 promptfy dol/vaf to Bonoficlnry 011 roeo/pls for tho paymont of
<br />such chargos. Trostor likowlso 8gmas to pay all taxos, assossmonfS and other chargos l{fvled upon or assossod, plncod or modo
<br />agmnsl. CJ moasurod by. this Dead of Trust or tho recordation hereof,
<br />5. Application o( Payments. All parmonts received oy Bonoficlary as to any dobt, liability or obligation owed to Benoflc/ary by Trustor
<br />may ba applied by Benetlclel)' ro the payment at Ihe Indebtedness or 10 any such other dabl, lIabllily or obligation, /n any order or
<br />manner 01 application which Beneficiary. In Its absoluta discretion, dooms appropriale. Unlass otherwise sfeeled by Benofic/ary. any
<br />such payment shall ba deemed applied first to Ihe paymanl of any dabl, liability or obllgallon olher rhan the Nole,
<br />6. Charges; Vens. Trustor willJceop the Trust Property free from a/ll/ens and encumbrances which 1'1 any way may, In the judgment of
<br />Beneficiary, have priority aver, or impair rhe security of, this Deed of Trust but Trustor need nor discharge any such lien so long as
<br />Trustor shall agree, /n writing, to pay the obl/gatlon securod by such Ilan In a mannar accaplable fa Benal/c/al)' and shall In good tallh
<br />contest such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any {nteraet In or
<br />part at the Trusl Proparty,
<br />7. 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 coverag~" and
<br />such other hazards, casualties end contingencies as may be required by Beneficiary, in such amounts snd for such penods 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 h9ve loss payable provisions In favor of and
<br />in form acceptable co 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 shaif Beneficiary or Trustee be held responsible for faflure to
<br />pay Insurance premiums or 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 {ass or damage insufEtd against or for failure by Trustor to effect the insurance required hereunder. In the event
<br />of loss. Trustor shall give prompt notice by mall 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 refund,s 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, tWe and interest of Trustor In and to any insurance policy then In force
<br />shall'pass to the purchaser at th6 trustee's sale or foreclosure sa/e. In case of any loss, the Insurance proceeds may, at the option of
<br />Beneficiary. be appliad 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 />partiBlly 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. If the
<br />Trust Property is acquired by Beneficiary pursuant to the exercise of the power of tale or other forec/osurs, 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 shalf 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 />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 wasts, wiJ/ not aller the design or structural character
<br />constiluting 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 wifl not 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 gOI/ommental body which are applicable to the Trust Property
<br />and to the occupancy and use therBof. 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 cleclarations or covenants creating or govorning the condominium or the planned unit
<br />development, the bylaws and regulations of the condominium or planned unit development. snd the constituent documents,
<br />9. Inspection. Beneficiary or its agents may, at all reasonable timos, enter upon the Trust Property for the purpose of Inspection.
<br />Beneficiary shafl have no duty to make such Inspection and shalf not be liable to Trustor or to any person In possession If it makes or
<br />tails to make any such inspection.
<br />10. Protection of Security. If Trustor fails to perlorm any of the covenants and agreements contained In this Deed of Trust, or If 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 Jls
<br />Interest including, but not limited to, disbursement of reasonable attorney fees and entry upon the Trust Property to make repairs. Any
<br />amounts disbursed by Beneficiary pursuant to 'his paragraph 10, with interest thereon, shall constitute Indebtedness of Trustor
<br />secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be payabfe upon
<br />notice from Beneficiary to Trustor requesting payment thereof. and shall bear interest from the date of disbursement at the default rate,
<br />II 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 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, Hen, claim or demand
<br />and. to all right5 find 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 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 thereof, or for conveyance in lieu of or in anticipation of condemnation, are hereby
<br />assigned to and shall be paid to Beneficiary. Trustor wifl 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 bE1 collected and paid to Beneficiary, and, should it fail to do so, Trustor irrevocably
<br />authorizes and empowers Beneficiaty, 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 Trustor, or, after notice by Beneficiary to Trustor
<br />that the condemnor offers to make an award or settle a claim faT damages, Trustor fails to respond to Beneficiary within thirty (30) days
<br />ehar /he dala such noUce Is mailed, SeneflcJlI1)I Is euthorized 10 cOllecl and apply Ihe proceods in Ihe manner Indica/ad heroin, Tha
<br />proceeds of any award or claim may. after deducting all reasonable 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 Trust Property, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in wrirmg,
<br />any such application of proceeds to Indebtedness shall not extend or postpone the due date of the Note or the payment of any
<br />installments called tor thereunder.
<br />12. Trustor Not Released. Extension of the time lor payment or modification of any amortization of the Indebtedness grantod by BenefiCIary
<br />~ any successor in interest of Trustor shall not operate to release, in any manner, the liabifity of Trustor and Trustor's successors In
<br />II'1reros~. Beneticiary shall not be required to commence proceedings agamst such successor or refuse to extend time lor pBl'ment or
<br />othSfWfse modify amortization 01 the Indebtedness by reason 01 any demand made by Trustor and Trustor.s successors
<br />in Interest.
<br />t3. Rnanci8llnlrYmaUon. Upon request of BenefiCIary, Trustor wif! proVIde to BenefiCIary, within ninety (90) days of the close 01 each fiscal
<br />year of Trustor, the consolidated balance shoot and statement 01 earnings of Trustor and any and aJl guarantors of the Indebredness
<br />secured hereby, If sny. and will provide and deliver to Beneficlsry such other finanCial rnfol71lotlon and in such manner as BenefICIary
<br />may reasonably request from time to time
<br />,.. FinancIal Covenants tn addioon to any othar fmanClal covenants of rrustor made In any other agreement. Instrument or document.
<br />Trusror shll1/ comply WIth and shall cause any and all guaranrors 01 the Indebtedness secured horeby to comply wI(h. or be In
<br />compl/ance WIth. the follOWing I,"anCtill covenants (ThIs paragraph shall nor apply If covenants Bnd ruqUlfl.ments am not sut
<br />forth herem)
<br />'5 Scheaule at Leaso:i Wlthm ton PO} days aNor demand, Trust,:" shall furnish to BeneflclRf)! a 5c/lfH1ule. n,,1tfIl',, rp rl~' r'I/-'.(P' 'iuttlflt}
<br />iUrth all lea50s ot the Trust ProPEtlfy. or any portJon thereof. includIng m aach case thll naffW pI rhp tDoilnt!; (II . " ('lIPiI"'-" .1 lfOSC/lptlllfl
<br />ol.ho spaco occup4od bV such 'en8nt 01 occupant. tho rDntaf payable '01" such stll101 "","'SlJch Pthll' m'pmt""III' ,!nll "I!CUTnllrlts WIt!'
<br />roSptfcf to !itJCh IOlJ!ioS and 'eOlVlc,s! 85 Seneff/clOry may roll$Of1/Jbly tOQuesl .
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