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insurance premiums, ground rents, and all 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. Trustor 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 shall be deemed applied first to the payment of any debt, liability 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 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 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 (1 E' 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 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,"nsurance 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. 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 and requirements of any governmental body which are applicable to the Trust Property <br />and to the occupancy and use thereof. if th,s 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 />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 De ?d 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 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 subrcgated 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 />17. Condemnation. The proceeds of any award or claim for damages, direct or consequential, rn 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 fife 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 fait 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 Property is abandoned by Trustor, or, after notice by Beneficiary to Trustor <br />that the condemnor offers to make an award or settle a ciaim for damages. Trustor fails to respond to Beneficiary within thirty f30) days <br />after 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 me indebtedness. Unless Beneficiary and Trustor otherwise agree m writing. <br />any such application of proceeds to indebtedness shall not extend or postpone the due date of the Note or the payment of anv <br />installments called for thereunder <br />12. Trusfor Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness granted by Bcoteticuary <br />to any successor in urterest of Trustor shall not operate to release, in any manner, the liab0ty of Trustcv end 7h:stor s successors v) <br />Interest. Beneficiary shall not be required to commence proceedings against such successor or reluse to extend !tine for payrnenf o; <br />otherwise modify amortization of the Indebtedness vy reason o! any demand made by Trusfor ;arid Trustor ti sr i:cessers <br />in interest 1 <br />13 Financial information. Upon request 01 Ear PfiGary Tr(Isto, will Ixovide to Re'lehcrary, rYr[h . u rr t y (i( i 117o, l(- e or 4t'h 1 tit 91 <br />year of Trustor, the On5011C1arAd bala(Wf, Sheet and staternent Of t?ar.Iin,s of Trustor dnd ah4 :ant iii (,Uar; n,,i <br />ecured hcrvby rf jny and will l rovloo and 7ebv e r io fienr I c urry ;ii h other (man, raI 1 rr >r r ahor <br />t , an r ,n ,t h n.. r i 7Prcb� ,)mil. <br />may reasonably equr.at honr imr f. -, hrrip - <br />IQ flA3 K,Ii ( rVtrart II j(lditr It 'v ith- r„r.i 1C 1 -1 rYI f f: )I r IC i)I !l lfif, 1 , , , ( iii u <br />rr iSlr' Sri r - ,n,,nry w t ;tint i,ari •..ia .ti Try ar J Iii rru.ir I, rv.; ;7 ,tin !rrrler!rr 7rr�.l ....cr.rf. <br />:ena• , r trr,;, r ir.rir'apr, r e'1 t <br />[t� 6 <br />�3 <br />LP i <br />