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<br />88- <br /> <br />106960 <br /> <br />TO PROTECT THE SECURITY OF THIS TRUST OEED. TRUSTOR HEREBY COVENANTS AND AGREES AS FOllOWS <br /> <br />,. PAYMENT OF PltlNCIPAL AND INTEREST. Truslor shall promplly pny whon duo tho prlnclpnl olund mlurosl on Iho mdoblodnoss <br />oYldencod by Iho Nolo, and all olher chargos and loos iHI provldod In Iho Noto, Dnd lhe pllnclpnl 01 and mlureSI on anv Futuro Advancos secured <br />by Ihis Trust DODd, <br />2, WARRANTY OF TITLE. Trushn is lawfully seized and possessed or good Dnd Indeleaslblo title and estale 10 Ihe Properly horeby con Joyed <br />Dnd has the right to granl and convoy Iho Properly: the Properl\, 15 free and clear 01 011 lions and oncumbrancos oxcoplllons now 01 record: and <br />Truslor will wnrrant and delend the hllo 10 Iho Property against all claIms and demands. <br />3_ MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor sholl keep the Properly In good repalt and condItion and shall not commit wasle <br />or pormlllmpalrmont or dotorioration of lhe Proporly and shall comply wilh the provisions 01 any leaso If Ihis Trust Deed is on a loose hold. No <br />Improvemenl now or herenllar erected upon Ihe Properly shall be altered, removed or demolished wilhoullhe prior wrmen consent of Beneltcl8ry <br />Truslor shall comply wllh all laws, ordinances, regulations, covenants, conditions and restrictions allscllng the Properly and not commit, suffsl Dr <br />permit 0"'1 act to be done In or upon the Properly in violation of any law, ordinance, regulation, covenant, condition or restriction. Truslor shall <br />complete or reslore promptly and in good workmanlike manner any improvemenl on the Property which may be damaged or deSlroved and pay. <br />when due, all claims lor labor performed and materials furnished therefor and lor any alterations thereof. <br />4. INSURANCE. Trustor, at its expense, will maintain wtlh insurors approved by Bent:iliclary,lOsurance with respectlo Ihe Improvemenls and <br />personal properly, constituting the Properly, against loss by lire, lighlning,lornado, and other perils and hazards covered by slandard exlendod <br />coverage Indorsement, in an amount aquallo alleaSI one hundred percenl(1 00%) ollhe lull replacement value lhereol and msurance agalnsl <br />such olh&r hazards and in such amounts as:s cuslomarily carried by owners and operators 01 similar properties or as Beneficiary may reQuire for <br />ils protecUon. Truslorwlll comply wllh such olher requirements as Beneliciary may from time totime reQuest forthe protectl,)n by Insurance ollhe <br />mleresls ollhe respective parties. All insurance policies maintained pursuant to this Trusl Deed shall name Truslor and Beneliciary as msured. as <br />Iheir respective inlerests may appear. and provide Ihallhere be no cancellation or modification wilhout at least15 days prior wntten nollflcallon to <br />Truslee and Beneficiary may procure such insurance in accordance with Ihe provisionsol paragraph 6 hereof. Truslor shall deliver to BenefICiary <br />the original policies of insurance and renewals thereol Ot memo copies 01 such policies and renewals thareof. Failure to furnish such Insurance by <br />Trustor. or renewals as required hereunder shall, at Ihe option of BenefiCiary. constitute a default <br /> <br />5. TAXES, ASSESSMENTS AND CHARGES. Truslor shall pay all ta.es. assessments and other charges. includlOg, wltnout IImitatlon, lines <br />and ImpOSitions attributable to Ihe Property and leasehold payments or ground renls, II any. before the same become delinquent. Truslor shall <br />promptly lurnish to beneficiary all notices of amounts due under this paragraph. and 10 the evenl Truslor shall make paymenl directly, Trustor shall <br />ptomplly lurnish to Beneficiary receipts evidencing such paymenls Truslor shall pay aU laxes and assessments which may be leVied upon <br />Benellclary's interest herein or upon Ihis Trusl Deed withoul regard to any law Ihal may be enacted Imposing paymenl of Ihe whole or any pari <br />thereol upon Ihe Beneficiary. <br /> <br />6. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARV'S SECURITY. Trustor shall make all payments of Interest and pnnclpal and <br />payments 01 any olher charges. lees and ellpenses contracted to be paid to any elllsling or subsequenll1enholder or benefiCiary. under any <br />eXisting or subsequent morlgage or Irust deed belare the date they are dellnqenl or In default. and promptly pay and discharge any and all other <br />IlOns, claims or charges whIch may Jeopardize the security granled herein" Trustor lalls to make any such payment or lailsto perform any of the <br />covenants and agreements contained In thiS Trust Deed, or the Nole referred to herein, or In any pnor or subsequent Irust deed. or II any action or <br />proceeding IS commenced which materially allects Beneficiary's Interest In Ihe Property. Including, bul nol limited 10, eminent domain proceed. <br />Ings, proceedings InvolvlOg a decedent. nolice ot sale by Trustee. nollce 01 defaull by Trustee. morlgage foreclosure action. or il Truslor !alls 10 <br />pay Trustor"s debts generally as they become due, then Beneilclary. al Beneflclary.s option and Wllhout notice 10 or demand upon Trustor and <br />Without releaSing Trustor from any obligation hereunder, may make such appearances. disburse such sums and lake such action as IS necessary <br />to protect Beneficiary's Interesl, Including. but not limited 10, disbursement 01 reasonable allorney's lees. payment, purchase, conlest or <br />compromise of any encumbrance, charge or lien, enlry upon t'18 Properly to make repairs. or declaration 01 detault under thiS Trust Deed. In Ihe <br />event that Truslor shall fail to procute insurance or 10 pay laxes. assessments, or any olher charges or 10 make any payments to any exisllng or <br />subsequenllienholders or existing or subsequent beneficianes, Beneflciary may procute such Insurance and make such payment. but shall nol <br />be obligated to do so. Any amounls disbursed by Beneficiary pursuant to thiS Paragraph 6 shall become addItional mdebledness of Trustor <br />secured by this Trust Deed. Such amounts shall be payable upon notice from BenefiCiary 10 Truslor reque!:llng paymenl thereol. and shall bear <br />inlerestlrom Ille date 01 disbursement at the rate payable Irom time to time on outstanding prinCIpal under the Nole unless paymenl ollOterest at <br />such rate would be contrary to applicable law, in which event such amounts shalt bear interost allho tllghsSI rato permiSSible under applicable <br />law. NOlhing conlained 10 this Paragraph 6 shall require BenefiCiary to Incur any expense Ot tako any Acllon hereunder <br /> <br />7. ASSIGNMENT OF RENTS. Beneficiary shall have the righl. power and authority dUring tho conllnUanCll olthlS Trusl Deed 10 collect the <br />renls, issues and profits of the Property and of any personal properly localed thereon With or Without tnklng possessIon ot the properly allecled <br />hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and prollts 10 BenefICiary. Beneltclary, hOwever, hereby <br />consents 10 the Trustor's collection and retention of such rents, issues and prolils as Ihey accrue and become payable so long as Truslor IS not, at <br />such time, in default wilh respect 10 payment 01 any indebtedness secured hereby. or in Ihe performance 01 any agreemenl hereunder. Upon any <br />such default, Beneficiary may at any time, either in person, by agenl, or by a recelverto be apPOinted by a court, Without nollce and wilhout regard <br />10 the adequacy of any security forthe indebtedness hereby secured, lal enler upon and lake possessIOn ollhe Property or any pari thereof. and 10 <br />its own name sue lor or otherwise collect such rents, issues and prolils, Including Ihose past due and unpaId, and apply Ihe same. less costs and <br />expenses of operation and collection, inCluding reasonable allorney's fees. upon any indebtedness secured hereby. and In such order as <br />Beneficiary may del ermine; lb) perform such acls of repair or prolection as may be necessary or proper to conserve the value of Ihe Properly; lc) <br />lease the same or any part thereollor such rental, term, and upon such conditions as itsjudgmenl may dictate. or terminate or adjust the terms and <br />conditions of existing leases. Unless Trustor and Beneficiary Ihereol agree otherwise in wtiting. any application of renls, issues or prollts to any <br />Indebtedness secured hereby shall not extend or postpone the due date of Ihe installment payments as provided 10 said promissory note or <br />change the amounl of such inslallmenls. The entering upon and laking possession olthe Property, the collection of such rents, issues and prolils. <br />and the application thereof as afOresaid, shall nol waive or cure any delault or nolice of default hereunder or invalidate any acl done pursuanllo <br />such nolice. Trustor also assigns to Beneficiary, aslurther securily lor Ihe performance olthe obligations secured hereby, all pr~pald renls and all <br />mOnies which may have been or may hereallsr be depOSited with said Trustor by any lessee of the Property, to secure lhe paymenl 01 any rent or <br />damages, or upon default in Ihe performance of any ollhe provisions hereof, Ttuslor agrees to deliver such rents and deposlls 10 BenefiCiary <br />Delivery of written nollce 01 Benellciary's exercise ollhe rig his granled herein. to any lenant occupylOg saId premises shall be sulhcienl to reqUlr~ <br />said lenanllo pay rent 10 the Beneficiary until further ,..otice <br />8. CONDEMNATION. lIlille to any pari 01 the Property shall be taken in condemnallon proceedings, by righl 01 emlnenl domain or SImilar <br />action, or shall be sold under threat of condemnation, all awards, damages and proceeds arc hereby aSSigned and shall be paid to BenefiCiary <br />who shall apply such awards, damages and proceeds 10 the sum secured by Ihis Trust Deed, With the elCcess. II any. paid to Trustor, If Truslor <br />receives any notice or olher information regarding such actions or proceedings, Truslor shall give prompt wrlllen notice Ihereollo BenefiCiary <br />Beneliciary shall be entitled, al its oplion,lo commence. appear In and prosecute in ils own name any such acllOn or proceedings and shall be <br />enlilled to make any compromise or seUfement in connection with any SJch actIOn or proceedings <br /> <br />9. FUTURE ADVANCES. Upon request of Trustor, Benellclary al Beneficiary's option. prior to reconveyance ollhe Propmly 10 TIUSIOl, may <br />make luture advances to Truslor. Such future advances, wllh mleresllheteon. shall be secured by thiS Tlusl Deed when eVldtHlCed lly IHOITH5S0ly <br />nOles'slating that said noles are secured hereby; provided thai at no lime 511011 the secured pnnclpal and lulure advances, no! IOcludlng sums <br />advanced to protect the secuTlty. exceed two hundred perconl [200%) of Ihe ongrnal prinCIpal amounts secured hereby <br />