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86-- 1419'7 3 <br />insurance premiums, ground rents, and alt other charges whatsoever levied upon or assessed, placed or made against the Trust <br />Property. 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 />r manner of application which Beneficiary, in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any <br />I such payment shall be deemed applied first to the payment of any debt. lability or obligation other than the Note. <br />6. Charges, Liens. Trustor 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 ken 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 carders 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 or 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 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 detect 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, 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 />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. 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 tees. 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 />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 an„ requirements of any governmental body which are applicable to the Trust Property <br />and to the occupancy and use thereof. It 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 ds 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 to possession if it makes or <br />fails to make any such inspection. <br />70. Protection of Security. It 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 Ine 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 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 />it any, set forth in the Note, or otherwise at the highest ra!e 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 Trusfor'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 subrogatea to any ercurnbrance. lien., claim or demand <br />and to all rights and securities for the payment thereof paid or discharged ry Beneficiary unoer the provisions hereof and any such <br />subrogation rights shall be additional and cumulative security for this Deed of Trust. <br />i 1 Condemnation. The proceeds of any award or claim for damages: drrect or consequential, in connection with any condemnation of <br />other faking of the Trust Property, or any part thereof, or tot-conveyance n heu of or in anticipation of condemnation are hereby <br />assigned to and shall be paid to Beneficiary. Trustor will file ana prosecute..n good faith and with due diligence, its clam for any sticn <br />award or payment. and will cause the same to be collected anti paid !o Beneficiary. and. should it tai fo de so. Trustor irrevocably <br />authorizes and empowers Beneficiary. in the name of Trustor or otherwise, to hie, prosecute. settle or compromise any such claim and <br />to collect. receipt for and retain the proceeds if the Trust Properly ,s abandoned by rrustor, or, after notice by Beneficiary to Trustor <br />Mat the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary withm thirty (30) days <br />after the date such notice is mailed. Beneficiary is authorized to collect and apply the proceeds rn r.rre .manner indicated herein. The <br />proceeds of any award or claim may. after deducting all reasonable costs anti experi.ses, including attorney lees, which may have <br />been incurred by Beneficiary in the collection thereof, at the sore aistrefron iif Beneficiary. be releasers to Trustor appled to <br />restoration of Trust Properly, or applied ro the payment of the tndebtedness Unless Benef -ciary and Trustor otherwise agree in wntrng, <br />any such application of proceeds to Indebtedness snail 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 fit any amonizanoli u! the indehledness granted by Beneficiary <br />to any successor in infetes; Jt Trustor shall not operate to release. 'n any manner, the viability of i rus!or aha 7nisroi s successors e! <br />interest. Beneficiary shall no! be requited to commence proceedings against sack �ticcessor sir �W4,"w !u Nrrenc+ trre for or <br />otherwise modify in rl(7,mon of th 17e %!eane,e5 ,y s jctrn of any denian 7 made! Fry wtry 'i:10 rr!'Sh 'i siJ( 4 -[.SN' s <br />tin interest. <br />Finam(ai iott-wrlatnoij . i ij,K n r�j�,i1: c! of Bef'ofif faiv rl'S7 i - wit! pro re. t tit 1 t c tn'. K+ I1 r ^rne ti ph i; !Y i1 ti - the' u<1 e it < ?a(i e si ai <br />mat of 7tw -for, the 7nsoildated bill in (1 ;hNe +! or a, ytatRr vaN( iif tin rift o! Trustor Ifs I irri' iii a 1 thv rndc L 7f di r Ss <br />secured hwoby r arty and wiU prnntle and h 1 vP, !r; he nelrcid'v i J- ,,the n t rarrr :.ia J..r „?d, [ ;a sl,; ' a aS Ile n1 lr; rrrY <br />^Ny reas+Jnab!y rquest hGu tote 1) h7ip) <br />4 ; ant :t s nvRn fnrb i• .a f c 1, r t r ai <br />f <br />