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t <br />insurance s J Trust <br />premiums, ground rents, and ad other charges wnatsoewer * Aad upon or assessed. p11 or mJe� gains e <br />Property. Trustor further agrees, upon written request by Btu eficia.ry: to promptly deliver to Beneficiary all receipts for the payment of <br />such charges. Trustor likewise agrees to pay au 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 />S. Application of Payments. Alf payments received by Seneficiary 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 Benef+ciary, in its absolute discretion. deems appropriate. Unless otherwise elected by Beneficiary, any <br />I such payment shelf be deemed applied first to the payment of any debt, liability or obligation other than the NOW <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 Hen 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 (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 shelf promptly fumish 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 nonce by mad to the insurance carrier and Beneficiary. Beneficiary may make proof of loss it 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 safe 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 shalt 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 wilt 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 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 />sk <br />fails to make any such inspection <br />10. Protection of Security. If Trustor fails ro 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 rifle of Trustor thereto, then Beneficiary. at its option, may perform such convenanis 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 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 of the Trust Property, or any pan 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 file 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 />!o 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 claim for damages, Trustor tails to respond to Beneficiary within thirty (30) 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 tine collection thereof, a! the sole discretion of Beneficiary, be released to Trustor, applied to <br />restoration of Trust Proper'y, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in wrong, <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 />installments called for thereunder. <br />12. Trustor Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness granted by Benefnaary <br />to any successor in interest of Trustor shalt not operate to release, in anv manner. the liability or Trustor and frusto "r s successors in <br />interest. Beneficiary shaft not be required to commence proceedings against such successor or refuse to extend time rot payment or <br />otherwise modify amortization of the indebtedness by reason of any demand made by Trustor v,d Trustor s successors <br />in interest. <br />L 13, Financial Information. Upon request Banehoary. Trustor <br />' <br />of will provide r0 Beneficiary, within iwiety 90? days of the close o,` e, n fiscal <br />year oil Trustor the consolidated balance sheer and statement of earrings of Trustor and any and all quaranic or the Indebtedness <br />secured hereby, it any, and will pm de and duilver ro Beneliciary such other financial -,format:, , aid !r; s.. h n•ac?ner as Bette h .a4 <br />h� <br />may reasonabiy request !turn time to time <br />fp. <br />1 <br />, . ,r, air y riter <br />o tac uomade <br />u <br />"usfor .shaft f- wrlply mrh arid' shai' cauSP ,any anti all gut in orS ^I ,ht� in,febr ©drib:_ ti Z' r?d 'it f.. <br />r ompkarice w h, trie ootr w -nq fi?an .,ai care a ^rs , 'h,s ,laragraj h Shari of a,.,. ;p <br />rc� -rt: herein ; .. <br />9ses 'vV1 . 10.. +rigs after dema!y d <br />c.I tt F '130 y <br />