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I mSUfllnco pffJm/Ums, ground ronls, and all or/lOr charoos wllalsoovor IOVlod IIpon or assossod, p~!;; mal D,g~/t ~ISI Prop'Jrty. Trustor tUfthor agroas, upon wntton roquost by Brmor/clOry. to promptly dollvor 10 Boneflciary all foeD/pts (or UJO payment of such a/IEJroos. Trustor IIkowlse agreas to pay all toxus, assossments and othor a/largos lovlOd upon or assessed, placod or made against, or moasured by, this DODd 01 Trust or rho rocordatfon heroor 5. Application of Paymants. All payments rBcalvod by Boneflclary as to any dobt. liability or obligation owed to Bonaficlary by Trustor may be appliod by Bonallclary to tho paymont 0/ tha Indobtednoss or to any such othor dabt, lJablllty or obI/gallon, In any ordor or manner of application which Banoflc/ary, In Its absolute discretion, deems appropriate. Unless otJlBrwlse elecled by Beneficiary, any such paymant shaff ba deemed eppffed fors//o rhe payment 01 any debt, ffobffllV or obffgelion a/her than /ha No/a, 6. Charges; Liens. Trustor will keep the 1rust Plaperty free from aIJ liens and encumbrances which In Bny way may, In the Judgment of Benefic/sTY, have priority over, or Impair th9 security of, this Deed of Trust but Trustor need not discharge any such fJen so long as Trustor shall agree, In writing, to pay the obligation secured by such flen In B manner acceptable to Beneficiary and shafl in good faith contest such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any Interest In or part aI/he Trust Property, 7. Hazard Insurance. Trustor shaIJ keep the buildings Bnd other Improvemsnts now ex/sting or hereaftar erected on the Trust Property insured by insurance carriers satisfactory to Beneficlaty against loss by fire, hazards Included in the term "extended coverage" and such other hazards, casualties and contingencies RS may be required by Beneficiary, in such amounts and for such periods as may be required by Beneficiary. The policy of insurancB shall be In form acceptable to Beneficiary, provide that the sama may not be cancelled or modified without fifteen (15) days prior wrinen notice to Beneficlaty, and shall have loss payabfe provisions in favor 01 and in form acceptable to Beneficiaty. All premiums on insurance policies 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 carrier, BeneficiaTY shall have the right to hold the policies and rene\llla/s thereof and Trustor shall promptly furnish to Beneficiary all renewal notices and ali paid premium receipts received by it. In no event shall Beneficiary or Trustee be held responsible for failure to 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 company to pay for any loss or damage insured against or for failure by Trustor to effect the insurance required hereunder. In the event of (oss, Trustor shalt give prompt notice by mail to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made promptly Dr in proper form by Trustor. All policies of insurance and any and all refunds of unearned premiums are hereby assigned to Beneficiary as additional security for the payment of tile Indebtedness. In the event of Beneficiary's exercise of the power Df sale contained herein, Dr in the event Df foreclosure, all 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 Df any loss, the insurance proceeds may, at the option of Beneficiary, be applied by Beneficiary upon the Indebtedness, Dr any part thereof. and in such order and amDunt as Beneficiary may determine,' Dr said insurance proceeds, at the option of Beneficiary, may either be used in replacing or restoring the Trust Property partially or totally destroyed to a condition satisfactory to Beneficiary; or said insurance proceeds, or any pornon thereof, may be released to Trustor. Unless Beneficiary and Trustor otherwise agree in writing, any such application of insurance proceeds shall not extend or postpone the due date of the Note, or any installments called for therein, or change the amount of such installments. If the Trust Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other foreclosure, all right, title and interest Df 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 to Beneficiary and shall be applied first to the costs and expenses, Including anomey fees, incurred;n coffecting such proceeds, then in the manner and in the order provided herein. B, Preservation and Maintenance of Trust Property. Trustor will keep the buildings and other improvements now or hereafter erected on the Trust Property in good repair and condition and will not cDmmit or permit waste, wilt not alter the design or structural character constituting any building now or hereafter erected on and constituting the Trust Property 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 will not remove any fixtures constituting the Trust Property unless the same are immediately replaced with like property subject to the lien and security interest of this Deed of Trust and of at least equal value and utility. Trustor wil/ comply with all present and future ordinances, regulations and requirements of any govemmental body which are applicable to the Trust Property and to the occupancy and use thereof. It this Deed of Trust is Dn a unit In a condDminium or a planned unit development, Trustor shall perform all of Trustor's obfigations under the declarations or covenants creating or governing the condominium or the planned unit development, the bylaws and regulations of the condominium or planned unit development, and the constituent documents. 9. Inspection. Beneficiary or its agents may, at aff reasonable times, enter upon the Trust Property for the purpose of inspection. Beneficiary shall have no duty to make such inspection and shall not be liable to Trustor or to any person in possession ;f it makes or fails to make any such inspection. 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 or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or Beneficiary therein or the tiVe of Trustor thereto, then BeneficiaTY, at its option, may perlorm such convenants and agreements, make such appearances, defend against and investigate such action or proceeding and take such other action as Beneficiary deem::; necessary to protect Its ineerest including, but not limited to, disbursement of reasonable attorney fees and entry upon the Trust Property to make repairs. Any amounts disbursed by Beneficiary pursuant to this paragraph 10, with interest thereon, shall constitute Indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the default rate, if any, set forth in the Note, or Dtherwisa at the highest rate permitted by law. Nothing contained in this paragraph shall reqUIre Beneficiary to incur any expense or take any action hereunder. Trustor irrevocably authorizes and empowers BenefiCIary to enter upon the Trust Property as Trustor's agent and, in Trustor's name or otherwise to perform any and all covenants and agreements to be performed by Trustor as herein provided. Beneficiary shall, at its option, be subrogated ro any encumbrance, lien, claIm or demand and to all rights and securities for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any such subrogation rights shalt be additional and cumulatiVe security for this Deed of Trust. ". Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taldng of the Trust Property, or any part lhereof, or for conveyance in lieu of or in antlcipatiDn of condemnation, are hereby 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 award or payment, and will cause the same to be collected and paid to Beneficiary, and, should it fail to do so, Trustor irrevocably authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to file, prosecute, settle or compromise any such claim and to eof/eet. receipt for and retain the proceeds. If the Trust Property is abandoned by Trustor, or, after notice by Beneficiary to Trustor that the condemnor offers to make an award or seWe a claim fOl damages, Trustor fails to respond to Beneficiary within thirty (3D) days after the date such notice is mailed, Beneficiary is authorized ro collect and apply the proceeds in the manner indicated herein. The proceeds of any award or claim may, after deducting all reasonable costs and expenses, including anomey fees, which may have been incurred by Beneficiary in the coflection thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to resroration of Trust Property, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writing, any such appfication of proceeds to Indebtedness sha" nor extend or postpone the due date of the Note or the payment of any installments called for thereunder. 12. Truslor Not Released. Extension of lhe time tor payment or modification of any amortization Df the Indebtedness granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of Trustor and Trustor's successors in interest Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the Indebredness by reason of any demand made by Trustor and Trustor's successors in interest 13. Financiallntormation. Upon request of Beneficiary, Trustor will provide to Beneficiary, within ninety (90) days 01 the close of each fiscal year of Trustor, the consolidated balance sheet and statement of earnings 01 Trustor and any and all guarantors of the Indebtedness secured hereby, if any, and wifl provide and detiver to Beneficiary such other financial mformation and in such manner as Benellclary mar reasonabty request from time to time. 74. FinanCIal Covenants. In additJon to any other finanCial covenants of TrustDr made in any other agreement. Instrument or document Trustor shall comply wilh and shall cause any and af! guarantors of the Indebtedness secured hereby to comply With. or be In compliance WIth, the tollowmg fmancial covenants: (ThiS paragraph shall not apply II covenants and reqUIrements are not set torth herem I 15 Schedule at Leases Wlthm ten nO} days after demand. Trustor shall furmsh ro BenefICIary a schedule. certified to b~ TrusrD~. ;eTflng forth all leases of the Trust Property. or any poroon thereof. Includlng.n each case. rhe name ol/he renants or oC'_'upanls a desc"prJon of the space occuplea by such tenant or occupant. the renta' payable lor such space_ and such other InformatIon ana r10CiJmpnrs With respect fa such laases anc1tenanCJ9S as BenefiCIary may reasonably reques!