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fi - 100177 <br />rsuranc ^e preen urns grooms r t, an nrer charges vnri soi e- ievred upor, or assessed. placed or Tack' a_galrst r. ^.e trust <br />Properry. Trustor further agrees .ipcin wrtten •`eaues!. y Benericiary to promptly deliver to Beneficiary ail recelots for file payment of <br />such charges. 'Trustor likewise agrees to pay al., taxes. assessments and other charges levied Lpon or assessed, placed or made <br />against, or .measured by, this need of Trust or the recordation hereof. <br />5. Application of Payments. Ail payments received by Beneficiary as to any debt, itaodrry 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 />r manner of application which Beneficiary, in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary. any <br />11 such payment shall be deemed applied first to the pavment of any debt. liability or obligation other than the Note. <br />&. Charges; Liens. Trustor will keep the Trust Property tree from all liens and encumbrances which in any way may, in the judgment of <br />Beneficiary, have priority over. or impair the security ot. 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. 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 )n the terra '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 De <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 Benefici -ry, 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 a hereof <br />or, Anon paid in such manner, Dy 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 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 even' <br />of loss, Trustor snail 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 />Beneficiary, be applied by Beneficiary upon the Indebtedness. or any part thereof, and in such order and amount as Beneficiary r <br />determine: or said insurance proceeds, at the option of Beneficiary, may either be used to replacing or, 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. lithe <br />Trust Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other foreclosure. ail 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 snall 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 buildings and other!, nprovements now or hereafter erected on <br />the Trust Property in good repair and condition and will not commit or permit waste. will not alter me 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 or depreciate the value of the Trust Property and will .not abandon <br />the Trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the same are i.mmedrarery replaced with <br />like property subject to the lien and security interest of this Deed of Trust and of at least equal value and u:ihty. Trustor will comply with <br />all present and future ordinances. regulations and requirements of any governmental body wrncn are applicable tc the _s! Prope,m <br />and to the occupancy and use thereof. if this Deed of Trust is on a unit in a condominium or a oian.ned uni! develcpmment, rr uSlor Vial' <br />perform all of Trustor's obligations under the declarations or covenants creating 0i' governing the c :c r1dominium, or the piarned !jmt <br />development. the bylaws and regulations of the condominium or pianned unit development! and me constituent documents. <br />9. inspection. Beneficiary or its agents may. at all reasonable times enter upon ti,a Trust °roperty for the purpose of inspection. <br />Beneficiary shall have no duty to make such inspection and snail not be ilabte to Truster Dr to any person in possession d r, makes or <br />fails to make any suet inspection. <br />70. Protection of Security if Trustor fails ro penorm any of the covenants and agreements contained in this Deed of Trust, or if any actor, <br />or proceeding is commenced which does or may adversely aftect the Trust Property w the interest of Trustor or Benenciany thereir, or <br />me title of Trustor thereto. then Beneriaary, at its option. may perrorm such convenants 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 anornev fees and entry upon the Trust Property to make repairs- Any <br />amounts disbursed by Beneficiary pu, suant! to this paragraph 70, 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 c'efault rare, <br />if any. set forth in the Note. or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall r eoulte <br />Beneficiary to incur any expense or take any action .hereunder Trustor irrevocably authorizes ano empowers Beneficiary to enter upon <br />the Trust Property as Trustor s agent and. irr Trustors name or otherwise to perform any and ail covenants and agreements to be <br />performed by Trustor as herein provided Beneficiary shall, at its option, be subrogatod to any encumbrance. leew claim or demand <br />and to all rights and securities for the payrrient thereof paid or discharged by Beneficiary under the provisions nereof and =ni, suc,h <br />subrogation rights shall be additional arid curnulatwe security for this Deed of Trust. <br />71, Condemnation. The proceeds of any award or claim for damages. direct or consequential, to connection with any condemnatror, or <br />other taking of the Trust Property or any part thereof, of for conveyance in lieu of or in anticipation of conoemnarion, are hereby <br />assigned t0 and shall be paid to Benehciary Trustor will file and prosecute, !r good faith and with duc diligence, its claim for any suer, <br />award or payment, and will cause the same to be collected and paid to Beneficiary, and. should ,t fail to do so. Trustor ;rrevocably <br />authorizes and empowers Beneficiary, in the name of Trustor or otherwise, ro file, prosecute, settle or compromise any suet% ciai n and <br />to collect, receipt for and retain the proceeds, if the Trust Properly* abanduned by Trustor, in. after r obee by Beneirciary is Trustor <br />that the condemnor otters to make an award or settle a claim for damages. Trustor falls to respono rc Beneficiary within thirty 130! day; <br />after the date such notice is .mailed, Beneficiary !t4 authorized to collect and apply the proceeds in the manner rndreared nerern The <br />proceeds of any award or claim rnay, after deducting all reasonable costs and expenses. inctuding attorney fees which ,^gay have <br />beer, incurred by Beneficiary in the collection thereol, at the scile discretior of Beneficiary be released to 71usto applied to <br />restoration of Trust Properly. or applied to the payment of the inoebredness Unless Renenciary and Trusfor othe.rw i e agree ,n a,nrr�g <br />arty such application of proceeds to Indebtedness shall not extend or postpone the due date of ;tie .Note ar the pavmem or any <br />installments called for thereunder <br />t2 Trustor Not Released. Extensiori of the time for payment or rriodifu:akon of arty arnumZanCrr of rite !rideLfedness c rarved t y Fwrwar,orc <br />io any successot Pit prtere.S,' of Trit stor s haii not operate io release, in airy mariner. rite H Anti ; ( 71tisfe, ! t !U n ! <br />iatdrest bene6crary shall rro! be "equu . t ro inimencN proc eed lqo against tgnfi t e 'r ;c c < e ,c irr <br />tit ferw6e ,mOddy rxmorllzativrr of rhr i {,.ritfi(i rE s : by react ,r of af,p , Uc'r77U.7L 2i,7e , r ✓ f ._:.i _ _ :n:', .. . -- <br />f in inreres! <br />! A rrriiarrrttal Informell'J Uoo, i ulif4sr f i4f rrF+ }!r :icy .I /Si r Agri l,i• s I E41-,wi, ry w ,r. wi e!, �r 'F' <br />L year Uf rru,.rr1r, ?tf, r�nFlu,ii is E J baleA ire .r, ! f } a rfl 1dIE ni •r' r �, ic,7 , Ir �:.tr, tr . rangy <br />Ct: Ura*{7 h�^reliy'- d c9ny 4ui�i wa-:ii tirt v �c, b'.d inliv[r to ra 'rwfAr:ran irr 1.:.1 r,, r ^aA ^rt .f r „• ;,, - .,:, a ,,. .a <br />"9y r�•a a �t7rlt rF irr • !r r rr ! 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