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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 ,( .. 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