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insurance premiums, ground rents, and all other charges wharsoever !ev:ea upon or assessed. placed' o de against to Trust <br />Property. Truster 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 aN 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 Truster <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 whicl: 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. Truster 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 />Truster 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. Truster 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 Truster 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 Truster 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 foss 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 Truster to effect the insurance required hereunder. In the event <br />of loss, Truster 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 Truster. 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, aR right, title and interest of Truster 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 tyre 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 Properly <br />partially or totally destroyed to a condition satisfactory to Beneficiary: or said insurance proceeds, or any portion thereof, may be <br />released to Truster. Unless Beneficiary and Truster 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 />Truster 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. Truster 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. Truster 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 this Deed of Trust is on a unit in a condominium or a planned unit development. Trustor shall <br />perform all of Truseer'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 ;f,,, makes or <br />fails to make any such inspection. <br />10. Protection of Security If Trustor fads 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 therm or <br />the title of Trustor thereto, then Beneficiary, Wits option, may perform sucn 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 : cDairs 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 a 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 shaii 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 Truster's name or otherwise to perform any and all covenants an agreements to be <br />performed by Truster as herein provided. Beneficiary shall, at its option, be subrogated to any encumbrance, tren 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, it, , connection with any condemmnaton or <br />other taking of the Trust Property, or any part thereof or for conveyance in lieu of or )n anticipation of condemnation, are hereby <br />assigned to and shall be paid to Beneficiary Trustor will file and prosecute, in good faith and with due diligence, its cia,m for arty su. <br />award or payment, and wiA cause the same to be collected and paid to Beneficiary. and, should it !ail to do so, Frusta ,r>e.oCably <br />authorizes and empowers Benehcary. in the narne of Trustor or otherwise. to file, prosecute, settle or compromise any sucn claim ano <br />to collect. receipt for and retain the proceeds If the Trust Property is abandoned by Trustor, or, after nonce by Benefciary to Trustor <br />that the condemnor offers to make an award or settle a claim for damages. Trustor fails to respond to Beneficiary witnin tn,rty i30) days <br />after the date such notice is marled Beneficiary is authorized to collect and apply the proceeds in the manner indicated nere,n The <br />proceeds of any award or claim rnay, after deducting all reasonable costs and expenses, including attorney fees, which may nave <br />been incurred by Beneficiary in the collection thereof. at the sole discretion of Beneficiary, be released !c Trustor. app,,ed to <br />restoration of Trust Property, or .applied to the payment of the Indebtedness Unless Benefciary arid Trustor otherwise a ;ree in w -rbng, <br />any such application of proceeds to indebtedness shall not extend or postpone the due date of (tie Note w the paymerr 0 env <br />installments called for thereunder. <br />12 Trustor Not Released. Extension of the time for payment or modification of any amortization of the lndebtedress granted by i3eneni :,9 <br />to any Successor in interest of rrustor shaii not operate to release, ui any manner. the Lability of Trustor and T, ;Istor s ;,esscr< <br />interest. Beneficiary shall not be required to cummence proceedings against such successor Lit refuse !o extend ;cmE• !orojp',wr ! ,:r <br />otherwise modify amortization of the Indebtedness by reason of any demand .made by Trustor am Trustor S i ;;essore <br />in interest. <br />Q - Financial Information. Upon request of Beneficiary. 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