Laserfiche WebLink
<br />I <br /> <br />. 88- of n <br /> <br />FIRE C~~~ 1;'( ~ND OTHER INSURANCE: To keep such property Intt.lliAOlIls40ss or damage by lire and other <br />risk or liliti ~hli:JV ,!",thesole opinion 01 BBnBllclary should be Insured BgBlnst, undBr llollcles of InsurBnce with loss <br />paYBble to BBnBflclary In form, amount and compBnles BccepIBble to BBnBflclBry. Said policies shall be dBllvBrBd to and - <br />ramBln in pOll8BSSlon ofBBnBllclary BS furthBr sBcurlty lor the faithful pBrformBnce of thssBobllgBllons, which delivery ShBII <br />constltuta an Bsslgnmant by Trustor 10 BBnBflciary of BII rights therBundBr, Including all raturn prBmlumB; to dBllvar to <br />BBnBflclary a policy or pollclBS renBwlng or extending Bny BlCplrlng InsurBnce with a receipt showing pramlums paid Bt <br />IBBst thirty (30) days bBfora expiration. If Trustor falls to so dBllver Bny renewal pollclBB, BBnBflclary may procure such <br />InsuranCB as It mBY BIBctand may make paymBnt of premiums thBreon, which pBymentls rapayablB on dBmand. NBlther <br />TruSIBe nor 8enBllclary shall bB rBsponslblB for obtelnlng or malnlBlnlng such InsurancB. BBneficiBry, from time to lime, <br />may furnish toBny insurance agBncy or company, or any other person, any intormatlon conlBlnBd In orextrBctad frDm any <br />InsurancB pollcytheratofore dBllverad to BBnBflclary pursuant heroto, Bnd Bny InformBllon concerning the loan securad <br />hBreby. In no avent and whethBr or not dBfaUIt hBrBunder has occurrBd shall BBneflclary, by the fact of Bpprovlng, <br />Bccepting or obtelnlng such InsurancB, Incur any liability for the amounl 01 such InsurancB, the form or lagal aufflclency 01 <br />Insuranca contracts, solvency of Insurars, or payment of losses by Insurars, and Trustor hereby expressly essumes tull <br />rasponsiblllty therafora and IIBblllty, If any, theraundBr. In the event of loss, Trustor shall give Immadlate written notlcB to <br />BBneflciary, and BBnBficlary may, but Is not obligated to, make proof of loss If not mBde promplly by Trustor. In case of Bny <br />loss thB amountcollBctBd undsr Bny policy of InsurBnce on such propBrty may, atlhe option ol1he BBnellclary, be applied <br />by BBneficlary upon Bny Indebtednessand/orobllgBtlon sacurad hBrBby and in such order and amount as BBneficlarymay <br />dBlBrmlne; or said amount or any portion thereof may, at the Dpllon of the BBneflclary, Blth!lr bB used In replacing or <br />rBstoring the Improvements partially or totally destroYBd to e condition satisfactory to said BBneficIBry, or said amDunt or <br />any portion therBOf may be released to the Trustor. In Bny such avent neither the Trustee nor the BBnellclBry shall be <br />obllgBtad to S80 to the proper application thereof, nor shall the amount so released or used be deBmad a payment on Bny <br />IndebtadnBSS BBCurad heraby. Such application, use and lor relBBSe shall not cure or wolve Bny default or notice of default <br />hereundBr or Invalidate Bny act done pursuant to such notice. Any unBxplrad Insurance and all raturnBble InsurBnce <br />prBmlums shalllnsurB tothe benefit of, Bnd pass to, the purchaser of thB property coverad therBby atany Trustee's sale held <br />hBreundBr,lfssld property is sold pursuBntlo the power of sale contained herein or pursuant to any decree offorselosure, <br />BII rlght,lItlB and interast of Trustor in and to the procBeds of fire and other Insurance pollclBS for damage prlortothesalB, <br />which proc80ds are not rBcelvad prior to the dBte of said salB, shall belong to Beneficiary. Trustor will comply with such <br />other requirements and provide such othartypB oflnsurance as Beneficiary may require from time to time for the protection <br />by insurance of the Interast of the respective parties hereto. <br /> <br />TAXES AND OTHER SUMS DUE: To pay, sstlsfy and discharge, etlBBst to ten ( 10) days bBforB dellnquancy ell general <br />and special taxBS and asseBsmBnts and othBr public chargBs, and In no BVBnt later than IhB date such Bmounts bBcome <br />due Bnd to further pay whBn due or requBStBd: ( 1) all encumbrBnces, chargBs and liens, with InIBrBS~ on such prDperty, or <br />any parttherBof, which are, or Bppear to benBflciary,ln Its sole dlscratlon, to bB prior to or superior hBrBto, (2) BII costs, faes <br />and expensBS of this trus~ whBtheror not descrlbad hBreln, (3) f80S or charges for any statBmBnt regarding the obligation <br />sseured hBrBby In any amount dBmBndad by Beneficiary, not 10 exceed the maximum amount allowed by law therefore at <br />the time whBn such request Is madB, ( 4) such othBr chargss as tho BBnBflclary may deem reasonable for services rendered <br />by BBneficlary and furnlshad at thB request ofTrustor or any SUCCBssor In intarBst to Trustor, (5}1I such property IncludBB a <br />leasBhold BState, all payments and obllgBtlons required of the Trustor or his successor In Interest undBr the tBrms of the <br />instrument or Instruments craating such IBasehold, (6) all paymBnts and monBlBry obligations requlrad of thB owner of <br />such property under any declaration of covBnants, conditions Bnd restrictions partalnlng to such propBrty or any <br />modification thBrBof, (7) all mortgage InsurBnce or guaranty fees, premiums, or chargBs of any nature partalning to such <br />property. TrustorBgrees to notify BBneflclary ImmadlBtely upon receipt by Trustor of notice of any incrBBSe In the assassed <br />value of such property and agrees thatBBneflclBry, in tho name of Trustor, may contest by Bpproprlate procBadings such <br />incrBase In assessmenl . <br /> <br />In the event of the passage of any law deducting from the valuB 01 rBal property for the purposes 01 IBxatlon any lien <br />thereon or changing in Bnywaythe laws forthe IBxatlon of daadsoltrust or dBbts sacurad by deadsoltrust for sIBta or local <br />purposes. orthB mBnnerolthe collection of any such taxes, so as io alfectthis Deed ofTrus~ tho holder ofthls Deed of Trust <br />and of the obllgBtlons which it secures shall hBve the right to declare all sums sBcured hereby dUB as of a date to be <br />specified by notlBss thBn 30 days' wrillen notlcB to be given to Trustor by BBneflciary; providBd, however, that such <br />elsetlon shall be inelfectivB if Trustor Is pBrmilled by law to pay the wholB of such tax In addition to all othBr payments <br />requirad hereunder and If, prior to such speclllad date, does pay such tex and agrees to pay any such tax whBn hBreafler <br />levlad or assessed Bgalnst such property, and such agrsement shall constitute a modlllcBtlon 01 this Deed 01 Trust <br /> <br />FUNDS FOR TAXES AND INSURANCE: If Beneficiary shall so requBst, Trustor agrees thattherB shall be added to the <br />periodical payment raquired to be made hereunder an Bmount estimated by Trusted to be sufficient to BnablB Trustor to <br />pay, at least thirty (30) days bBfore delinquency, all general and spBcial taxes, sssessments, or other public chBrges <br />Bgainst such propBrty, the Promissory Note, or upon oron accountollhe debt orthe lien olthis Dead ofTrus~ togethBr with <br />prBmiums for insurance required to be providad under this Deed 01 Trust and all mortgage Insurance or guaranty '80S, <br />premiums or slmilBr chBrges and no intBrest shall be payable to Trustor in respect thBreol. Upon demand by Trustee. <br />Trustor shall deliver to Trustee such addition" sums of money as are necessary to make up Bny deficiency in the amounts <br />nscBSSBry to enablB Trustee to pacl any 01 the foregoing items. <br /> <br />SUMS ADVANCED TO BEAR INTEREST: To pay ImmediatBly upon demand any sums advances or paid by Beneficiary <br />or Trustee undBrany CIBUse or provision of this Deed of Trusl Any such sums, until so repaid, ShBII be secured hereby and <br />bear IntBrestfrom the date advanced or paid at the samB ratB as set forth in such Promissory NOtB Bnd ShBII be secured by <br />this DBBd ofTrust <br /> <br />ASSIGNMENT OF DEPOSITS: That as additional security if this be a construction loan, Truslor hereby transfers and <br />BS&lgns to BBneficiary during continuance of these Trusts, all right, title and Interest to any and eil moniBS deposited by <br />Trustor or deposltad on behalf 01 Trustor with any city. county, public body or agency, saniIBry dlstric~ gas and/orelectric <br />company, tBlsphone company and any other body or agBncy, for the installation or to securB the insIBllallon of Bny utility by <br />Trustor, pertaining to this propBrty. <br /> <br />FAILURE OF TRUSTOR TO COMPLY WITH DEED OF TRUST: In thB event Trustor should fail to make any payment, orto <br />do any act BS proviclBd in Ihls Deed 01 Trus~ or lalllo perform any obligation secured by this Deed 01 Trus~ or do any Bct <br />Trustor Bgreed not to do, BBnBficlBry, but wllhout obligation so to do and without notice to or demand upon Trustor Bnd <br />withoutrelOBSing Trustorfromany obligallon hBreol Bnd without conlesting the valldilyor amountollhe 58mB. may (a) pay. <br />mBke Of do the SBme in such mBnnBr Bnd 10 such exlent as it may deem necessary to protset the security hereof, <br />BeneflCiBry being Bulhorized to enter upon such property lor such purposes. and (b I pay. purchase, contest or <br />compromise BnyencumbrBncB, chargB or lIBn, which in lis judgement is or Bppears to be prio, or superior hereto. and (c) <br />in exercislng any such power. pay necessary costs. tees. and expenses. employ counsel and pay counsel's reasonable <br />,....s- Trus10r e~ to repBY any amounl so Bxpe~dad on demand of Beneficiary. <br />