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Aa'" �'g <br />insurance premiums. ground rents, and all othe h r s ever levied upon or assessed, placed or made against the Trust <br />Property. Trustor further agrees, upon written request by Beneficiary. to promptly deliver to Beneficiary all receipts for the payment of <br />such charges. Trustor likewise agrees to pay at! taxes, assessments and other charges levied upon or assessed, placed or made <br />against. or measu,•ed by, this Deed of Trust or the recordation hereof. <br />5. Application of Payments. All payments received by Beneficiary as to any debt, liability or obligation owed to Beneficiary by Trustor <br />may be applied by Beneficiary to the payment of the Indebtedness or to any such other debt. liability or obligation, in any order or <br />manner of application which Beneficiary, in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any <br />such payment shall be deemed applied first to the payment of any debt, liability or obligation other thari the Note. <br />6. Charges; Liens. Trustor will keep the Trust Property free from all liens and encumbrances which in any way may, in the judgment of <br />Beneficiary, have priority over. or impair the security of, this Deed of Trust but Trustor need not discharge any such lien so long as <br />Trustor shall agree, in writing, to pay the obligation secured by such lien in a manner acceptable to Beneficiary and shall in good faith <br />contest such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any interest in or <br />pan of the Trust Property. <br />7. Hazard insurance. Trustor shall 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 Beneficiary. The policy of insurance shall be in form acceptable to Beneficiary, provide that the same may not be <br />cancelled or modified without fifteen (15) days prior written notice to Beneficiary, and shall have loss payable provisions in favor of and <br />in form acceptable to Beneficiary. Ali premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof <br />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 <br />carrier. Beneficiary shall have the right to hold the policies and renewals thereof and Trustor shall promptly furnish to Beneficiary aX <br />renewal notices and all paid premium receipts received by it. in no event shalt Beneficiary or Trustee be held responsible for failure to <br />pay insurance premiums or for any loss or damage ansing out of a defect in any policy or arising out of any failure of any insurance <br />company to pay for any loss or damage insured against or for failure by Trustor to effect the insurance required hereunder. In the evert <br />of loss. Trustor shall give prompt notice by mail to the insurance carrier and BeneAciary. Beneficiary may make proof of loss it not <br />made promptly or in proper form by Trustor All policies of insurance and any and all refunds of unearned premiums are hereby <br />assigned to Beneficiary as additional security for the payment of the Indebtedness. In the event of Beneficiary's exercise of the power <br />of sale contained herein, or in the event of foreclosure. all right, title and interest of Trustor in and to any insurance policy then in fore <br />shall pass to the purchaser at the trustee's sale or foreclosure sale. in ease of any loss. the insurance proceeds may, at the option of <br />Beneficiary, be applied by Beneficiary upon the Indebtedness. or any part thereof, 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 />partially or totally destroyed to a condition satisfactory to Beneficiary; or said insurance proceeds- or any portion thereof, may be <br />released to Trustor. Unless Beneficiary and Trustor otherwise agree in writing. any such application of insurance proceeds she not <br />extend or postpone the due date of the Note, or any installments called for therein. or change the amount of such instal)mer:ts. M tfrre <br />Trust Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other foreclosure, aft right. We and interest of <br />Trustor in and to any insurance proceeds payable as a result of damage to the Trust Properly prior to the sale or acquisition shaN pass <br />to Beneficiary and shall be applied first to the costs and expenses, including attorney fees, incurred in collecting such proceeds, then <br />in the manner and in the order provided herein. <br />8. Preservation and Maintenance of Trust Property. Trustor will keep the buddings and other improvements now or hereafter erected on <br />Me Trust Properly in good repair and condition and will not commit or permit waste, will not after 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 cr depreciate tie value of Lire Trust Property and wa nor abandon_ <br />the Trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the same are immediately replaced amm <br />like property subject to the Lien and security interest of this Deed of Trust and of at least equal value and Lia?ity. Trustor A-9 ns r <br />all present and future ordinances. regulations and requirements of any governmental body winch are applicable m the Trot P Operpy <br />and to the occupancy and use thereof. If this Deed of Trust is on a unit in a condominium or a planned unit devekpmer £ T,nsstor what <br />perform all of Trustor's obligations under the declarations or covenants creating or governing tree condommnum or the planned oarit <br />development, the bylaws and regulations of the condominium or planned unit development, and the constituent documefirs_ <br />9. Inspection. Beneficiary or Its agents may. at all reasonable times. enter upon the Trust Properly for the purpose of mspecti rr. <br />Beneficiary shall have no duty to make such inspection and shaft nor be habfe to .Trustor or to any person in possession if =t mattes or <br />fails to make any such inspection. <br />10. Protection of Security. If ,Trustor fails to perform any of the covenants and agreements coma d in this Deed of Trust, or of wV acam <br />or proceeding is commenced which does or may adversely affect the Trust Property or tie interest of Trustor or Beneficiary thereat or <br />the We of Trustor thereto, then Beneficiary, at its option. may perform such coveenants arty agreements. make such appearances. <br />defend against and investigate such action or proceeding and take such other action as Beneficiary deems necessary to protect is <br />interest including, but not limited to. disbursement of reasonable arromey fees and envy upon the Trust Property to make repairs. Any <br />amounts disbursed by Beneficiary pursuant to this paragraph 10, with interest thereon, shall constitute Indebtedness of Trustor <br />secured by this Deed of Trust Unless Trustor and Beneficiary agree to other terms of payment. such amounts shaft be oavab+e upon <br />notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest hrom tie date of disbursement ar the defer rate. <br />if any, set forth in the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shaff regcvre <br />Beneficiary to incur any expense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to eater upon <br />the Trust Properly as Trustor's agent and. in Trustor name or otherwise to perform any and all covenants and agreem� to be <br />performed by Trustor as herein provided. Be.nehcrary shat,, alas option. be subrogatied to any encumbrance. lien. claim or demand <br />and to all rights and securities for the payment thereof pad or discharged by Beneficiary under the provisions hereof and any such <br />subrogation rights shall be additional and cumulative security for this Deed of Tn •st <br />11. Condemnation. The proceeds of any award or claim for damages. direct or consequential. in connection with any condemnation; or <br />other talang of the Trust Property, or any part thereof, or for conveyance in lieu cf or in anticipation of condemnation, are hereby <br />assigned to and shall be paid to Beneficiary. Trustor will file and prosecute, in good farm and with due diligence, its clam for any such <br />award or payment, and will cause the same to be collected and paid to Beneficiary, and, should it fail to do so. T•nrstor irrevocably <br />authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to file. prosecute, settle or compromise any such clam and <br />to collect. receipt for and retain the proceeds. If the Trust Property is abandoned by Trnwtor. or, after notice by Beneficiary to Trustor <br />that the condemnor offers to make an award or settle a claim for damages, Trustor falls it respond to Beneficiary within flirty (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 of any award or claim may, after deducting all reasonable costs and expenses, including attorney fees, which may have <br />been incurred by Beneficiary in the collection thereof at the sole discretion of Beneficiary, be released to Trustor, applied to <br />restoration of Trust Property, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writing. <br />any such application of proceeds to Indebtedness shall not extend or postpone the due date of the Note or the payment of any <br />installments called for thereunder. <br />12. Trustor Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness granted by Beneficiary <br />to any successor in interest of Trustor 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 ! nterest <br />13. Financial information. Upon, equest of Beneficiary, Trustor will provide to Beneficiary, within ninety (90) days of the close of each fiscal <br />year of Trustor, the consolidated balance sheet 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 hnancia�tnformatron and In such manner as Beneficiary <br />may reasonabty request from time to time. <br />14. Financial Covenants. In addition to any other financial covenants of Trustor made in any other agreement. ,nstn,rnent or cocunient. <br />T•ttStOr Shall comply with and shall cause any and alt guar3nlors of the Indebtedness secureo ,hereby to comply with_ or be in <br />compliance with, the tollowing financial covenants (This paragraph shall not apply,t covenants and requirements are not set <br />for, herein, <br />16 Scliedu i ( i ff4i8es W ter r r t io, play f er dilmand Trustor Shdli furrnSh rD Be 'r bi iar-r 2 e ne 7u E rrt lrP f q 'r,r_ r eetAnq <br />1,irth :ti' ,15.. l rhE True, irOf)rrty r)/ .r, ry 0001011 thwt-ol ,nrludinq to each r -a,& trip nap- .sr ton,' <br />..•p= "!L%t ., <br />" n,1 t.p °.,n.h tr"nupt rr „" I'lip nl the 'wila /Trayahle I,ir , -ur1= liar ", - .u±. „ . „Ill.., - :- r..1,.. ±' , :,rti iritr• <br />'1 +•j t It, '_u, 11 �f -__ yr,l Ir- •,) /,�,Ie,S 'i -- 1 ejohl:wl ir)4, —.1 7n3t`-, , ,r+k' <br />1 <br />