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
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