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errs as other charges whatsoever levied a ``, W %R A. 01 y
<br />Property. Trusts further agrees, a upon or assessed, placed or made against the Trust
<br />such charges. Trusts dkewise agrees top y eli ttaxes by and other charges lev edeupon Or slsessed receipts de Payment t of
<br />a9alrrst, or treasured by, ihls Deed of Trust or the recordation hereof.
<br />may ba 5. Application of Payments. All payments received by Beneficiary as to any debt, liability or obligation owed to Beneficiary by Trustor
<br />maw by Beneficiary o the payment of the Indebtedness or to any such other debt, liability or obligation, In any order of
<br />application which Beneficiary, in Its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any
<br />6 such payment shell be deemed applied first to the payment of any debt, liability a obligator other than the Note,
<br />Charges, Lions. Trustor will keep the Trust Property free from a/i liens and encumbrances which in any way may, in the Judgment of
<br />Berte"ciary, have priority over, or impair fire socurlty of, this Deed of Trust but Trustor need not discharge any such lien so long as
<br />TniSfOr shay 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 #on by appropriate legal proceadings effective o prevent the enlacement of the lien and the loss of any Interest In or
<br />part � lire Trust f>topsrty.
<br />T, Hazard Insurance. Trus ►or she# 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 />requfrad by Beneficiary. The policy of insurance shall be in form acceptable to Beneficiary,
<br />canoe#ed or modified without fifteen (15) days prior written notice to Beneficiary, and shall havelloss payable Provisions in favor of and
<br />in form acceptable to Beneficiary. All premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof
<br />a, it not paid in such manner, by Tnistor 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 all
<br />renewal notices and e# paid premium receipts received by it. In no even! shall Beneficiary or Trustee be hold responsible for failure to
<br />pay insurance premiums or for any loss of damage arising 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 event
<br />Of foss, Trustor shall give prompt notice by mail to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if 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 force
<br />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
<br />Berra#clary, 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 an y portion thereof, maybe
<br />released to Trustor. Unless Beneficiary and Trustor otherwise agree in writing, any such application of insurance proceeds shall not
<br />extend or postpone the due date of the Note, or any installments called for therein, or change the amount of such installments. it the
<br />Trust Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other foreclosure, all right, title and interest of
<br />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
<br />to Beneficiary and shall be applied first to the costs and expenses, including attorney fees, incurred in collecting such proceeds, then
<br />in he manner and in the order provided herein.
<br />8. Preservation and Maintenance of Trust Property. Trustor will keep the buildings and other Improvements now or hereafter erected on
<br />Me Trust Property in good repair and condition and will not commit or permit waste, will not alter the design or structural character
<br />constituting any budding 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 or depreciate the value of the Trust Property and will not abandon
<br />Me Trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the same are immediately replaced with
<br />like property subject to the lien and security interest of this Deed of Trust and of at least equal value and utility. Trustor will comply with
<br />all present and future ordinances, regulations and requirements of any governmental body which are applicable to the Trust Property
<br />and to the occupancy and use thereof. If this Deed of Trust is on a unit In a Condominium or a planned unit development, Trustor shall
<br />Perform all of Trusty's obligations under the declarations or covenants creating or governing the condominium or the planned unit
<br />development, the bylaws and regulations of the condominium or planned unit development, and the constituent documents.
<br />9. Inspectyr. Beneficiary or its agents may, at all reasonable times, enter upon the Trust Property for the purpose of inspection.
<br />Beneficiary shall have no duty to make such Inspection and shall not be liable to Trustor or to any person in possession if it makes or
<br />WS to make any such inspection.
<br />10. Protection of Security. If Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust, or it any action
<br />or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or Beneficiary therein or
<br />Me title of Trusty thereto, then Beneficiary, at its option• may perform such convenanfs and agreements, make such appearances,
<br />defend against and investigate such action or proceeding and take such other action as Beneficiary deems necessary to protect its
<br />interest including, but not limited to, disbursement of reasonable attorney fees and entry 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 shall be payable upon
<br />notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the default rate,
<br />if any, set forth in the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require
<br />B"ficiary to incur any expense or take any action hereunder, Trustor irrevocably authorizes and empowers Beneficiary to enter upon
<br />Me Trust Property as Trusty's agent and, in Trusty's name or otherwise to perform any and all covenants and agreements to be
<br />Performed by Trustor as herein provided. Beneficiary shall, at its option, be subrogated to any encumbrance, lien, claim or demand
<br />and to all rights and secunties lot the payment thereof paid or discharged by Beneficiary under the provisions hereof and any such
<br />subrogation rights shall be additional and cumulative security for this Deed of Tr
<br />t Condemnation. The proceeds of any award or claim for damages, direct or consust. equential, in connection with any condemnation or
<br />other taking of the Trust Property, or any part thereof, Of fur conveyance in lieu of or In anticipation of condemnation, are hereby
<br />assigned to and shall be paid to Beneficiary. Trustor will file and prosecute, ran good faith and with due diligence, its claim or any such
<br />award or payment, and will cause the same to be collected and paid to Beneficiary, and, should It fall to do so, Trustor irrevocably
<br />authorizes and empowers tarn the r' in he name of Trustor or otherwise, to fife, prosecute, settle or compromise any such claim and
<br />to CodeCt, receipt for and retain the proceeds. If the Trust Proourty is abandoned by Trustor, s after nonce by Beneficiary to Trustor
<br />h� condemnor offers to make an award or settle a claim for damages. Trustor lads st r,
<br />after the date such notice is mailed, Benelic)a Is authorized to collect and apply the Proceeds in the manner indicated herein rho
<br />ry pond to Beneficiary within thirty (30! days
<br />been Proceeds of any award or claim may, after deducting ail reasonable costs and expenses, including attorney lees, which may have
<br />incurred by Beneficiary in the collection thereot, at the sole discretion of Beneficiary, be released to Trusfor, apphed to
<br />restoration of Trust Pr
<br />any such operty, or applied to the payment of the Indebtedness. Un less Beneficiary and Trusty otherwise agree in writing.
<br />anon of proceeds to Indebtedness shall not extend or postpone the due date of the Mote or the payment of any
<br />say is cadati for thereunder.
<br />12. Truskx Not Released Extension of the time for payment or modification of any amortization of the Indebtedness granted by Beneficiary
<br />to any successsyr in interest of Trustor shall not operate to release, in arty manner, the liability of Trusfor arid Trusfors successors ran
<br />airy shaft not be required to commence Proceedings against such successor or refuse to extend time tot payment or
<br />rso modify amortization of the Indebtedness by reason of any demand made by Trustor and Trustor's successor;
<br />in d.
<br />D3
<br />Finsnclef lrnfornsatsori Upon request
<br />yew pf rlu,910f. the cansokdal balan Beneficiary,
<br />shneet and statement of earnings ®of tTrustor and any aid all I anto�s3oclose re Indebtedness
<br />debtori,rr?ss
<br />may fed onably R aces and will provide and deliver to BerarrfiGary such other financial m/ormation , +rid ran such manner as lidndfires y
<br />may reasonably request horn time to time
<br />F4 r'l"AnC[IaI Ctrvenerts In addi") to any other lirrancial covenants of Trusfcir ,made rrr any Ofner agreement. ,nstnimdnn rev Ucx urnonl
<br />husrtrr shall comply wrttr and shah au,se ally and all guarantors of the Indebtedness 7er;irticl herdhy lb comply with. ,lr Ue rrr
<br />��r+rpplaanee wfdh, Foe frfi jwrrrg linanraal covenants i lhia lraragreph ¢haft col Ntrply .1 !:r+vr�nenls rend regt;,ronrenls 4h, nu,' e9l
<br />kWh holern
<br />toy SthwhAo r 1 1.08,5w,5 within, lean 10! Uqy, afn/rr Uermand. lrtestnr v/rafi furrasr i! Ber wl r,..Rry r St - hr•duh
<br />h' (Va ses "'t the rus Frrrttrerty, ru terry lxwdrr,n frt4ernOl. arch:ri+rry rrr R i< ,rase rlir. ,rqrnr ant !Ni f-r ,
<br />,y •u r t hn,r
<br />'Al t%ag atiat r ,f. r: urseeat by Cr Y.'h rpinanf ±a ,� r;ufJanl, Nice r�nlal , r a r.rf, ,
<br />,R,%v 4 e k[ rrah ioaq"g W" 1 ayaivre hu sUCh •;f ,9r r 8r;,7 - nil„ r r., F i 'c a t i,Unn
<br />f (�r,qa a�:,�z a4 /irtnc3he:rary
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