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insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against the Trust Property. Trustor further agrees, upon wrlttefl requBst by Beneficiary, to promptly deliver tu Beneficiary all receipts for the payment of such charges, Trustor likewise agrees to pay all taxes, Bssessments and other charges levied upon or assessed, placed or made against, or measured by, this Deed of Trust or the recordation hereof. =.,"'s. Application of Payments. All payments received by Beneficiary as to any debt. liability or obligation owed 10 Beneficiary by Trustor "" J may be applied by BeneficIary to the payment of the Indebtedness or to any such other debt, liability or obligation, In any order or 1..Q manner of application which BeneficIary, In its absolUte discretion, deem~ appropriate, UnIB~:; othorwlse electod by Brmof1clary, any c.c such payment shall be deemed applied first to the payment at any debt, /Jabi/ity or obligation other rhan the Note. o 6. Charges,' Uens, Truslor will keep the Trust Properly free from all liens and encumbrances which In any way may, In the judgment of 'i"-f Beneficiary, have priority over, or Impair the security at, this Deed of Trust but Trustor need not discharge any such Jlen so long as Trustor shall agree, In writing, to pay the obligation secured by such lie." In a manner acceptable to Beneficiary and shall In good faith 1 ~~~t~~~~~c:~:nptzpatJ;.oPriare legal proceedings effec:ive to prevenr rhe enforcement of the lien and the loss of any Interesr In or tX). Hazard Insurance. Trustor shall keep the buildings and other improvements now existing or hersaher erected on the Trust Property C::i Insurad by insurance eaniers satisfactory to Beneficiary agalnslloss by fire, hazards included in the term "extended coverage" and such other hazards, casualties Bnd conringenc/es as may be required by Beneficiary, in such amounts and for such periods as may be required by Beneficiary. The pDlicy of insurance shall be In form acceptable to Beneficiary, provide rhat the same may not be cancelled Dr modified without fiheen (15) days prior written notice to Beneficiary, and shalf have loss payable provisions in favor of and in form acceptable to Beneficiary. All premIums Dn Insurance po(/cies shall be paid in the manner provided under paragraph 4 hereof 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 canier. Beneficiary shall have the right to hold the pelicies and renewals thereof and Trustor shall promptly furnish to Beneficiary all renewal notices and all paid premium receipts received by it. In no event ~half Ber,eficiary er Trustee be held respensible for failure to PRY Insurance premiums or for any IDss er damage arising cut of a defect in any policy or arising out o( any failure ef any insurance cDmpany t, pay for any IDss or damage insured against er fDr failure by Trustor to effect the insurance required hereunder. In the event of iess, Trustor shall give prompt netice by mail to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made promptly er in proper form by Trustor. All policies of insurance and any and alf refunds of unearned premiums are hereby assigned to Beneficiary as additlDnal security for the payment of the Indebtedness. In rhe event of Beneficiary's exercise of the power of sale contained herein, or .in the event of forecfosure, alf right. title and interest of Trustor in and to any Insurance policy then in force 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 Beneficiary, be applied by Beneficiary upDn the Indebtedness, or any part thereof, and in such order and amount as Beneficiary may determine; or said insurance proceeds, at the optiDn of Beneficiary, may either be used in replacing or restoring ine Trust Property partially or totally destroyed to a condition satisfactory to Beneficiary: or said insurance proceeds, or any portiDn thereDf, may be released to Trustor. Unless Beneficiary and Trustor otherwise agree In writing. any such applicatiDn of insurance proceeds shaIl not extend or postpDne the due date of the Note, or any installments called for thorein, or change the amDunt of such installments. If the Trust Properly is acquired by Beneficiary pursuant to the exercise of Ihe power of sale or other foreclosure, all right. title and interest of Trustor In and ID any insurance proceeds payable as a result of damage to the Trust Property prior to the sale or acquisitiDn shall pass to Beneficiary and shall be applied first to the costs and expenses, including artomey fees, incurred in collecting such proceeds. then In Ihe manner and In the order provided herein. 8. PreservatiDn and Maintenance of Trust Properly. Truslor will keep the buildings and olher improvements now or hereafter erected on the Trust Property in good repair and condition and will nor commit or permit waste. will not alter the design or structural character constituting any building now or hereaher erected on and constituting the Trust PropeTfy without the prior written consent of Beneficiary, will not do any act or thing which would unduly impair or depreciate the value of the Trust Property and will not abandon the Trust Property, Trustor wifl not remove any fixtures constituting the Trust Properly unless the same are immediately replaced with like property subject to the lien and security interesl Df Ihis Deed Df Trust and of at least equal value and utility. Trustor W171 comply with a/1 present and future ordinances, regulations and requiremen's of any governmental body which are applicable to the Trust Property and to the occupancy and use thereof. If this Deed of Trust Is on a unit in a cDndominium or a planned unit development. Trustor shall perform all of Trustor's obligations undar the declaratiDns or cDvenanrs creating or governing the condominium Of the planned unit development. the bylaws end regulatiDns of the cDndominlum or planned unit development. and the constituent documents. 9. Inspection. Beneficiary or its agenrs may, at all reasDnable times, enter upon the Trust Property for Ihe purpose of inspection. Beneficiary shall have no duty to make such inspection end shell not be liable to Trustor or to any person in possession if it makes or falls to make any such inspection. 10. Protection of Security. If Trustor laits to perform any of rhe covenants and agreements cDntained in this Deed of Trust. or d any actjDn or proceeding is cDmmenced which does or may adversely affect the Trust Property or the interesr of Trustor or Beneficiary therein or the lItle of Trustor thereto, then Benefic;ary, at its option, may perlorm such convenants and agreements, make such appearances, defend against and Investigate such actiDn or proceeding and take such other action as Beneficiary deems necessary to protect its interest including, but not limited to, disbursement of reasonable aNomey fees and entry upon rhe Trusl Property to make rep8Jrs. Any amounts disbursed by Beneficiary pursuanr to this paragraph 10, with InterBstthereon, shall constitute Indebtedness of Trustor secured by this Deed of Trust. Unless TrustDr and Beneficiary agree to other terms of payment. such amounts shall be payable upon notice from Beneficiary to Trusror requesting payment thereof, and shall bear interest from the date of disbursement Bllhe default rate. i! any, set forth in the Note, or otherwise at the hIghest rate permlned by law. Nothing contained in this paragraph shall reqUIre Beneficiary to incur any expense or take any action hereunder. Trustor irrevDcably authorizes and empowers Beneficiary 10 enter upon lhe Trust Property as Truslor's agent and, in TrustDr's name or otherwise to perform any and all covenants and agreements to be porformed by Trustor es herein provided. Beneficiary shall, at its option, be subrogeted to any encumbrance, lien, daim or demand and to all rlghls and securities for the payment thereol paid or discharged by Beneficiary under the provisions hereof and any such subrogation rights shall be additional and cumulative security fDr this Deed of Trust. 11. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other laking of the Trust Properly, or any pen thereof, or for conveyance in lieu of or in anticiparlon of condemnation, are hereby assigned to and shall be paid to Beneficiary. Trustor will fife and prosecute, in gDod faith and with due diligence, its claim for any such award or payment. and will cause the same to be collected and paid to Beneficiary, and, shDuld it fail to dD so, Truslor irrevocably authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to file, prosecute, settle or compromise any such claim and to collect, recelpr for and retain the proceeds. If the Trusl Properly IS abandoned by Trustor, or, after notice by Beneficiary to Trustor that the condemnor offers to make an award or settle a claim for damages, TrustDr faits to respond to BenefiCiary within thIrty (30) days aher the date such notice is maited, Beneficiary is authorized to collecr and apply the proceeds in the manner Indicated herein. The proceeds of any award or claim may, after deducting all reasonable costs and Bxpenses, including attorney fees, which may have been incurred by Beneficiary in the collection thereof, althe sole discretion of Beneficiary, be released tD Trustor. applied to restoratiDn of Trust Property, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writing, any such application of proceeds to Indebtedness shall not exlend or pDstpone the due date of the Note or the payment of any Instalfments called for thereunder. '2 Truslor Not Released. Extension of the time for peyment or modification of any amortization o( the Indebtedness granted by BeneficlBry to any succeSSDr In Interest of Trustor shalf not operete tD release, in any manner, the liability of Trustor and Trustor's successors In Interast. Beneficiary shall not be required to commence proceedings against such successor or reluse to extend time lor payment or otherwise modify amortization of the Indebredness by reason of any demand made by Trustor and Trustor's successDrs in Interest. 13. Flnancialtnformation. Upon request of Beneficiary, Trustor will provide to BenefiCiary. w.rhm mnety (90) days of the close of aach fiscal yesr of Trustor, the consolidatRd balance sheet and statement of earnings of Trustor and any and all guarantors of the Indebtedness secured hereby, If any, and will provide end delIVer to Beneficiary such orhar fmanc.al mformatlon and ,n such manner as BenefiCiary may reasonably request tram time to time. 14 FinanCial Covenants In addition 10 any other linanclal covenants 01 Trustor made In nnv U"lor llgroemofll. 1fI.'irrumefll or document. Truslor shall comply w.th and shaff cause any nnd all guarantors of the Indebtednoss socumcl humtlv rll comply wltll. or be m compliance wrth. Ihe follOWing 'manc.al covenants (ThIS pamgraph shall not appll' d cnV""I11'/s 1If)/J It'(JrJlfI'tt1I.nts fife nor sa! lorth herOIn, '5 Schodulo 01 Lonsos Wlthm ton (10) days altel domllnd. rrustor shall fu,",...1I ro L-h'm'/If ''''i ,I ~I hll1111111 "IIMII'lfIO fl~' /fl/Sfflf sefflflg torth a/ll0850s or rhe rW5r Property. Of any portion 'horeof. Includmg If) tlnel) (If'il' fflll ",'fflf' ,,/ rf)I' '/'IJ{J/t/.~ ,II ,'I I IIPllilt~ "de.'icflpt,on 0' rho spaco occuprod bv SUetl tonanl 01 occupant. tJlO 10nml PilVllblll 'or 'tllf'l './ '/II II dill' ~1I' /, "'/'1'/ ,nl, "mill" ," ,//111 i'lll '[Im/.m... wltll rospoct fa such lea~os and tonanCles ,15 Bono'.cmry may ronsonalJlv f!JflIlHSI