Insurance premiums, ground rents. and ali other charges whatsoever levied upon or assessed, placed or made against the Trust
<br />Property. Trustor further agrees, upon written request by Beneficiary, to p; omptiv deliver to Beneficiary all receipts for the payment of
<br />such charges. Trustor likewise agrees to pay all faxes, 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. Ali payments received by Beneficiary as to any debt: Lability 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 />0 6. Charges; bens. Trustor will keep the Trust Property free from all liens and encumbrances which in any way may, in the judgment of
<br />T� 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 />j 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 />pp 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 ro Beneficiary, provide that the same may riot 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 115) 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 rot
<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 Beneticiary: 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 Properly 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 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 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 ail reasonable times. enter upon the Trust Properly for the purpose of inspection.
<br />Beneficiary shall have no duty to make such inspection and shall nor be liable to Trustor or ro ar y 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 Deed of Trust, or if any act.'on
<br />or proceeding is commenced which does or may adversely affect file Trust Property or the :merest 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 ceems 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 !hereon. shalt 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 % %thing 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 aria all covenants and agreements to be
<br />performed by Trustor as herein provided. Beneficiary shall. at its option. be subrooated to any encumbrance. lien, claim or demand
<br />and to ail rights and securities for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any sucn
<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 pain 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 cofiected and paid !o Beneficiary, and. should rt fart to do so. Trustor irrevocably
<br />authorizes and empowers Beneficoary. n the name of Trustor or otherwise to file. prosecute, settle or compromise any such clam, and
<br />to collect. receipt for and retain the proceeds if the Trust Property ,s abandoneo by 71(isror o, after notice by Beneficiary to Trustor
<br />that the condemnor offers to make an award or settle a claim for rfamages, Trustor fails to respond to Beneficiary within thirty l3oi days
<br />after the date such notice is marled. 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 to 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 in writing .
<br />any such application of proceeds to indebtedness shall not extend or postpone the due date Cline 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 arnoniza!ion of the Indebtedness granted by Benef c^ ary
<br />to any successor m interest of Trustor shall not operate to release. rn any manner, the liability of 1 rustor and Trustor s successor" m
<br />interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend rime nor pa, :met ;t „r
<br />otherwise modify amortization of the Indebtedness by reason of any pemand made by Trustor ,inn, Trustor s successor:;
<br />in interest.
<br />13. Financial information Upon request of Beneh --ry. Trustor sidl provide to Beneficiary w,rhin rat y -!v� risys y IN, i ,, -t r ct car
<br />year of Trustor, the consolidated balance 'sheer and statement of earrings of Trustor and any a id a'7 g ,a 1r ts of , e rrior
<br />secured hereby, if any, and will provide and deriver it) Beneticiary such n; r,rzn financial ,and r ;u <r; Irra .,cr as 1 i nc•r,, :a,,,
<br />may reasonably request from time to time
<br />14 Financial Covenants. in addition to any rimer financial covenants of Truslor,-Iaovul any other ap. t •nr i,. .l _
<br />Trustor shall comply with and shall cause am and all guarantors (ii the lnai brednrass ,cc , e..ehy
<br />rompbance with- the 7pNow• rty f'n3rc,a1 coy pants !this paragraph shat; of apclly ,,�, n,, i yi i t.me:> .
<br />forth hereni.7 '
<br />f5 Schedule o! Leases Ali iri ten . .Jays a' a; demand.1r,r,tor s'iali turn � r?er r i'
<br />forth aller es; is "rus
<br />!)f f:7E - -C >eCe ' f. Jli,;•Cd t Y su, 1. iS _. : r ,( .. L�lc F., lint; !, _ , , �- •.
<br />ro'.,,, .I , .,,.t n , _...r e
<br />rc
<br />
|