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<br />Insurance premiums, ground rents, and ell other charges whatsoever levied upon or assessed, pla!';;a! 9g~ng ~e 9rus,
<br />Property. Truslor lurther agrees, upon wrinen request by Benellclary, to promptly deliver to Benet/clary all recalpts ror Ihe paymanl 01
<br />such chargas, Trustor likawlse agreas to pay all laxas, assassmants and olhar charges lavied upon or assassad, placed or made
<br />against, or measured by, this Deed 01 Trusl or the recordation hereol,
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<br />5, Application 01 Payments. All peymenls received by Benellclary as to eny debt, lIeblllty or obligation owed to Benellclary by Trustor
<br />may be applied by Benellclary to the payment ollha Indabtadnass or 10 any such othar dabl, liability or obligation, In any order or
<br />manner olapplicaticon which Benellclary, in its absolute discretion, deems appropriate. Unlass otharwlse elected by Benaliclary, any
<br />such payment shall ba daemed appllad flrsl to the payment 01 any dabt, liability or obligation other than the Note.
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<br />6. Charges; Uens, Trustor will keep Ihe Trust Property Irea Irom all liens and encumbrances which In any way mey, in Ihejudgment 01
<br />Baneflciary, have priority over, or impair tha security ai, Ihis Deed 01 Trust but Trustor need not discharge any such lien so long as
<br />Trustor shall agree, In writing, to pay Iha obligation securad by such lIan In a manner accaptabla to Baneflclary and shall In good lallh
<br />conlasl such lien by approprlata lagal proceadlngs ellacllve to pravent the enlorcement 01 the lien and the loss 01 any Interest In or
<br />part 01 tha Trust property,
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<br />7. Hazard Insurance. Trustor sha" 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 Baneflclary. The policy 01 Insurance shall ba in lorm acceptabla 10 Banallclary, provide that the sama may not be
<br />cancelled or modified without fllreen (15) days prior wrinen notice to Beneliclary, and shall have loss payable provisions in lavor 01 and
<br />in lorm accaptabla to Benaflclary. All premiums on Insuranca policlas shall be paid in tha manner provldad under paragraph 4 harao'
<br />or, il nor paid in such manner, by Trustor making payment at least fllrean (15) days prior to the due data, direclly to the Insuranoe
<br />carrier. Baneflclary shall have tha righf to hold the policies and renawals thereol and Trustor shall promptly lurnlsh to Benaflclary all
<br />renewal notices and all paid premium receipts received by it. In no event shall Beneficiary or Trl1slea be hald rasponslble lor lallure to
<br />pay Insuranca premiums or lor any loss or damage arising out 01 a delect in any policy or arising out 01 any lallure 01 any Insurance
<br />company to pay for any loss or damage insured against or for (siture by Trustor to effect the insurance required hereunder. In the event
<br />olloss, Trustor shall give prompt notice by mai/lo the Insurance carrier and Beneficiary, Beneficiary may make prool 01 loss II not
<br />made promptly or in proper lorm by Trustor. All policies 01 insurance and any and all refunds of unearned premiums are hareby
<br />assigned to BenefiCiary as additional security for the payment of the Indebtedness. In the event of Beneticiary's exercise of the power
<br />of sale contained herein, or in the event of foreclosure, ail right, title and interest of Trustor 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 option of
<br />Beneficiary, be applied by Beneficiary upon the Indebtedness, or any part thereaf, 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 />partlatly or totally destroyed 10 a condition satislactory to Beneficiary; or said insurance proceeds, or any port/on thereol, may ba
<br />released to Trustor. Unless Beneficiary and Trustor otherwise agree in writing, any such application of insurance proceeds shall not
<br />exlend or postpone the due date ollhe Note, or any installmants called ror therain, or change tha amount 01 such installmenls. II the
<br />Trust Proparty is acquired by Beneficiary pursuant to the exercise 01 the power 01 sale or olher foraclosure, all right, titfe and interest 01
<br />Truslor in and to any insurance proceeds payable as a result 01 damage to the Trust Property prior to the sale or acquisillon shall pass
<br />10 Beneficiary and shall be applied first to the costs and expansas, Including anorney laes, Incurred in cOllecllng such procaeds, then
<br />in the manner and In the order provided herein.
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<br />8, Preservation and Maintenance 01 Trust Property, Trustor will keep Ihe buildings and othar improvemenls now or herealrer areclad on
<br />the Trust Property 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 prior written consent of
<br />Beneficiary, will not do any act or thing which would unduly impair or dapreciata Iha value 01 the Trusl Property and will not abandon
<br />tha Trust Proparty. Trustor will not remove any fixtures constitullng tha Trusl Property unless tha same are Immediataty replaced with
<br />lika property subjact 10 thalien and security Interest 01 this Deed 01 Trusl and 0' at laast equal value and utility. Trustor will comply with
<br />all prasent and future ordinances, regulallons and requlremants 01 any governmantal body which are applicablato tha Trost Property
<br />and to the occupancy and use thareol. II this Daed 01 Trust Is on a unll In a condominium or a plannad unit devalopment, 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 constituent documents.
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<br />9. Inspecllon. Banallclary or its agants may, at all reasonable limes, enter upon Ihe Trust Property lor tha purpose 01 Inspection.
<br />Banaflciary shall hava no duty to make such Inspecllon and shall not be liable to Trustor or 10 any parson in possession illl makes or
<br />faits to make any such inspection.
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<br />10. Protection of Security. It Trustor fails to perform 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 titie of Trustor thereto, then Beneficiary, at Irs 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 />interast Including, bul not limiled to, disbursement 01 reasonable anomay rees and entry upon tha Trust Property to make repairs. Any
<br />amounts disbursed by Beneficiary pursuant 10 Ihis paragraph 10, with interest thereon, shall conslllute/ndebtedness of Trustor
<br />secured by this Deed 01 Trusl. Unless Trustor and Benel/clary agrealo other lerms 01 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 default rate,
<br />il any, set lorth in the Nole, or otherwise at tha highast rala permiNad 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 />parlormad by Truslor as herein provided. Beneficiary shall, at its option, be subrogated to any ancumbrance, lien, cfaim or demand
<br />and to all rights and securiries lor the payment thereol paid or discharged by Beneficiary under Ihe provisions hereoland any such
<br />subrogallon rights shall be additional and cumulative security lor this Deed 01 Trusl.
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<br />11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connecrlon with any condemnation or
<br />other talclng 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 wiIJ 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, prosucute, 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 for damages, Trustor tails 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 ot any award or claim may, after deducting all reasonable costs and expenses, including attorney fees, which may have
<br />been incu""d by Benellciary in fhe collection thereol, at the sola discretion 01 Beneficiary, be released to Trustor, applied to
<br />restoration at Trust Property, or applied to tile payment ot the fndebtedness. Unless Beneficiary and Trustor otherwise agree in writing,
<br />any such application or proceeds to Indebtedness shall not extend or postpone the due date of the Note or the payment of any
<br />installmants called lor thareunder.
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<br />12. Trustor Nor Released. Extension of the time for payment or modification of any amor1ization of the Indebtedness granted by Beneficiary
<br />to any successor in interest of Truslor 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 extend time for payment or
<br />otherwise modify amortization of the Indebtedness by reason of any demand made by Trustor and Trustor's successors
<br />in interest
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<br />13. Financiallnfonnation. Upon request of Beneficiary. Trustor will provide to Beneficiary, within ninety (90) days of the close of each fiscal
<br />year of Trustor. the consolidated balance sheef and statement of earnings of Trustor and any and all guarantors of the Indebtedness
<br />secured hereby. if any, and will provide and deliver to Beneficiary such other financial information and in such manner BS Beneficiary
<br />may reasonably request from time to time.
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<br />104. Financial Covenants. In addition to Bny other finanCIal covenDnts of Trustor made," any other agreement. instrument or document.
<br />Trustor shall comply wilh and shall cause any and all gUBrantors of the Indebtedness secured hereby to comply with, or be in
<br />compliance With, rho foffowing financial covenants (ThIS paragraph shall nor apply if cOllenants and requirements are not set
<br />forth herein.}
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<br />'5. Schedule 01 Leases Wlrhm ren (Wi days ahm domand. Trusf01 shall rurnlsh to BnnfJ'lcllIry."I schedule. candled f0 tlY TruSt01 semng
<br />tanh all leases of the Trust Propony. Of on~' ponlon UlOroor. Includmg '" each case. tile nama 01 the tenants 01 occupafHs. j) descnprlOn
<br />0' rho space occupIed by SUcll rcnam 0' occupllnl. trIO 1enlRI paynble '01 such "paco. lwd such other ,"'ormar,on and documonrs w,en
<br />fOSpOCr 10 such 108S05 lJnd tonane",s liS Bonel/ell''''' may foasof18bly 10Quest
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