Laserfiche WebLink
3-Fr- 161 <br />insurance pve►r#ums, ground rents, and all other charges whatsoever Levied upon or assessed. placed or made against the Trust <br />Property- TnWor tVMWr agrees, upon written request by Benehcrar} . to promptly deliver to Beneficiary all receipts for the payment of <br />such dttagets. Trustoriflfawise agrees to pay all to"s, assessments and other charges levied upon or assessed. placed or made <br />ggainst, or messwpd by. this •Deed of Trust or the recordation he✓eot. <br />5. Appffcattter of Payments. AN payments received by BenelrrciarY as m any debt, IrabiMy or obligation owed to Beneficiary by Trustor <br />may be applied -b y Benetichtryto the psyrnOnt pf he ftdsbkAOWWS or to any such other debt, liability or obligation, in any order or <br />manner of which Bo effctery: in 4S absolute discretion, deems appropriate. Unless otherwise-elected by Beneficiary, any <br />such,payir orn,shsN be dawned applied first to 1he-parhent of,any debt. liability or obligation other than the Note. <br />Z. Cho - TrustorwiN:keep:the .Trust' Property free from all liens and encumbrances which in an.f way may, in the judgment of <br />Rene#cwy.-havo phati y,ovnr, or impairthe- security of, .this _Dead of Trust but Trustor need not discharge any such hen so long as <br />Trvdar haliagres.:in wn&W, to pay the.nbVMW secured by.such lien in a manner acceptable to Beneficiary and shalt in good faith <br />conostsrtcfrken by;appropnWe legal proceedings effective to prevent the enforcement of the ken and the loss of any interest ir, or <br />part of the TnistProperly <br />T Hazard htsttnance. Trustor shall Jcaep the :bufldings;and other improvements now existing or hereafter erected on the Trust Property <br />insured by insurance carriers satisfactory 10 Beneficiary against loss by fire, hazards included in the term "extended coverage" and <br />such other <tumrds, casualties and contingencies as may be required by Beneficiary, in such amounts and for such periods as may be <br />required by;Barieficiary. The policy of insurance shall be in form acceptable to Beneficiary. provide that the same may not be <br />cant~ ormodNfed without lflteen (15) days prior written notice to Beneficiary, and shall have loss payable provisions in favor of and <br />in 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 Tnistor making payrwritat least fifteen (15) days prior to the due date, directly to the insurance <br />carner.,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 loess. Trustor shelf 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 />shell pass to the purchaser at the trustee's sale or foreclosure.sale. In case of.any foss. 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 />partiality or totally destroyed to a condition satisfactory to Beneficiary; or said insurance proceeds, or any portion thereof, may be <br />roomed 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 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 improvements now or hereafter erected on <br />the Trust Property 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 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 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 s-id 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 r' <br />perform all ofTrustor'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 />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 />tails 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 />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 />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 upor, the Trust Property to make repairs. Any <br />amounts disbursed by Beneficiary pursuant 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 default rate. <br />if any, set forth fn 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 discharged by Beneficiary under the provisions hereof and any such <br />subrogation 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 ofthe 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 lice 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 tail 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 coded, receipt for and retain the proceeds. If the Trust Property 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 (0) days <br />after rite 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, appited to <br />restoration of Trust Property. or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree ir, w•ht!ng. <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 />instslments called for thereunder. <br />12 Trustor Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness granted by Beneticaan <br />to any successor in interest of Trustor shall not operate to release, in any manner, the liability of Trustor and Trustor 's successor; url <br />interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend lime it), )avmen? or <br />otherwise modify amortization of the indebtedness by reason of any demand made by Trustor and Trustor 2, successor., <br />in #merest. <br />13- Financial httormewi. (lour request of Benehcfaq,. Trustor wA provide to Beneficiary. wfthrn nrnev, (90! ci rt of tnc 00se 0r e u , f a <br />year of Trustof. the Consolidated balance sheet and statement r eamings of Trustor and any anu ali pu a. sntors o- iliv !note t lie )d i .ss <br />"cured hereby, rf any, and will' pnmede, and deliver it) Berielrcia y ;uCh other financial rnformiiho, n< r, s,rcr, %Harr re, a:' <br />may reasonably request from time fo time <br />as :•fnancfai covenums if? addrWrl to any other flnaricial covera,ars of Trustor madfr ur : -vey other ;1C1FfW11er1 sir ,rT,r•; J : wre�nt t <br />Trustor sheii comr -My with an, shali cause aray hind alt rruarank,V,', nr tt;f, ir!dente(P , ,r;,,- :ere by , o "ri'i w "t% Cf <br />tfarTajlk n6`e with, rflp'9f00Wr?Y frnarkrf&; L:rvetranls i7nc, pgray'raoh .�haf r, • dPt'ty rar:a ! : a; ri <br />?1: .5,r^.tvz'fl47std4 of lb,c .aa[, 'vtrW ,.� Purr, r!r - t,*4,fvi. ahQ .W.ntxa f: 7 to fr� i.r`,.. � �. zyr -�. r, i„•_, ,.,K #.;in: ,. ,. ,, .. <br />fvra aff * ice; r . r++e- :Jr,rfv , r wq C offrr al '.hu a;r :n�i f • - r ._,- tl+ •>,yriu. h , .., _. �. <br />�, .!nr y . `!:, ..,,,n .h.• <br />.r� � <br />