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87-- 1Q927 <br />insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against the Trust <br />Properly. Trustor further agrees, upon written request by Beneficiary, to promptly deliver to Beneficiary all receipts for the payment of <br />such charges. Truster likewise agrees to pay all taxes, assessments and other charges levied upon or assessed, placed or made <br />against, or measured 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 shalt be deemed applied first to the payment of any debt, liability or obligation other than the Note. <br />6. Charges; Liens. Truster 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 />part of the Trust Property. <br />7. Hazard Insurance. Truster 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 of 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. All premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof <br />or, if not paid in such manner, by Truster making payment at least fifteen 05) days prior to the due dude, 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 all paid premium receipts received by it. In no event shall Beneficiary or Trustee be held responsible for failure to <br />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 <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 loss, Truster 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 ant; 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 />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 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. If 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 shalt 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 buildings and other improvements now or hereafter erected on <br />the 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 building now or hereafter erected on and constituting the Trust Property without the prior written consent of <br />t <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 />the Trust Property. Trustor will not remove an fixtures constituting the Trust Property unless the same are immediate) replaced with <br />P rtY Y 9 P rtl' Y P <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 />z <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 Trustor'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. Inspection. Beneficiary or its agents may, at all reasonable times, enter upon the Trust Property for the purpose of inspection. <br />c <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 />fails 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 if any action <br />y: <br />or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or Beneficiary therein or <br />the title of Trustor thereto, then Beneficiary, at its option, may perform such convenants and agreements, make such appearances, <br /># , <br />defend against and investigate such action or proceeding and take such other action as Beneficiary deems necessary to protect its <br />`` <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 />Beneficiary to incur any expense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon <br />the Trust Property as Trustor's agent and, in Trustor'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 securities for the payment thereof paid or d ;scharged by Beneficiary under the provisions hereof and any such <br />subragation rights shall be additional and cumulative security for this Deed of Trust. <br />11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or <br />other taking of the Trust Property, or any part thereof, or for 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, in good faith and with due diligence, its claim 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, Trustor irrevocably <br />authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to file, prosecute, settle or compromise any such claim and <br />to collect, receipt for and retain the proceeds. If the Trust Prope:'ry is abandoned by Trustor, or, after notice by Beneficiary to Trustor <br />that the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within thirty (30) days <br />alter 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 Truster 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 interest. <br />L 13. Ffnancfai Infoldnation. Upon request of Beneficiary, Trustor will provide to Beneficiary. within ninety (90) days of the close of each fiscal <br />yew of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any and al! guarantors of the Indebtedness <br />secured hereby, if any, and will provide and deliver to Beneficiary such other financial information and in such manner as Beneti iary <br />may reasonably request from time to time. <br />14. Financial Covenants In addition to any other financial covenants of Trustor made in any othe• agreement. Instrument or document. <br />Truster shall comply with and shall cause any and all guarantors of the indebtedness secured hereby to comply with or <br />compliance with. Ito following financial covenants- (This paragraph shall not apply if covenants and requirements are not se! <br />klrrh herein ) <br />15 Schedule of )..eases Within ten i 10 days after demand. Trustor .Shall furnish to 8wiefrcrtry 4 schedule cerlifwd to by rrusft>r. Saifin,q <br />forth an li AS05 of the Toast Property, or ally portion thervol including in each cage, the name of !tie rena •s ," iH°ruparrls a rt+>scnpPo" <br />of the spwa e eccul"d by Such tenant or occupant, the rental payable lilt to 1+ sliaaee ant? ,vii ,Fl-, r .rotor, <arrt ,7,;r., ne ^ts tvth <br />r"pftf to such ieasess and tr,<nan <:ios as Brrneficiary rrraay wasonraNy'fKoiiw t <br />