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8 1OP1959
<br />insurance promlums, ground rents d all other charges whatsoever levied upon or assessed, placed or made against the Trust
<br />Proprt. Truso further agrees. u p� woon request by Beneficiary • to rom PfiY deliver to Beneficiary all receipts for the Pay ment of
<br />such charges. Trustor likewise agrees b 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. Afi 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 />K r, marurer of spptication 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, liability or obligation other than the Note.
<br />B. 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 shah agree, in writing, to pay the oblgation 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 fhe Trust Property.
<br />7. Hazard insurance. Trustor shaft 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 Benr+ficiary, 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, it 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 toss 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 1=-. 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 evert 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 safe 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 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 seL-nty 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 Dead 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 it it makes or
<br />fails to make any such inspection.
<br />10. Protection of Security. If Trustor tads 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 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 Egree 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 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 claret for damages, direct or consequential, in 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 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 if fail to do so, Truster 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. It the Trust Properly 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 tads 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 ,ndicated 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 the 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 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 Beneficiary
<br />to any successor in interest of Trustor shall not operate to release, in any manner. the habihty of Trustor and Trustor s successors r,:
<br />interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend t+me Of paymen! or
<br />otherwise modify amortization of the Indebtedness by reason of any demand made by Tn,stor and T. asror's successors
<br />L in interest.
<br />13. Financial Information Upon request of Beneficiary. Trustor writ provde to Beneficiary, st„ hl,. nenerr j 90 daya of the c k)se of eact, fiscal
<br />year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and an y a ?o afi gaafantois of the ?de reanc s
<br />secured hereby. it any, and will provide and deliver to Beneficiary such other hnanciai .ntor;nat c. and , 7 _ .. . mar:nei as ::e c ary
<br />may reasonably request frwrr, time to time
<br />14 Financial Covenants in addiboel w a- other financial covenants of Trustor made a,,, o „.ei ad•ewr »e ;! _ �,mr.. „i <n.�: ,. •7c,,
<br />Trustor shall comply with ,:end shall i se any and a”! gi,arar+tors Of the indcb,eOro.a
<br />CYimpfian4'e W th. i',E 'otivw9ng hr ?al.Gai .:a'enat %t$
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