L
<br />s -- i j?
<br />insurance premiums, ground rents. and all other charges whatsoever levied upon or assessed, placed or ma e n e Trust
<br />Property, Trustor further agrees. upon written request by Beneficiary. to promptly deliver to Beneficiary all receipts for the payment o.`
<br />such charges. Trustor likewise agrees to 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. All 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 />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 />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 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. 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 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 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 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 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 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 Ceed 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 />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 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 agree to other terms of payment. such amounts shall be. payable upon
<br />notice from Beneficiary to Truster requesting payment thereoi, 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 rare 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 arry 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 part thereof, or for conveyance in heu 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 oaid to Beneficiary, and should it fad to do .so, Trustor irrevocably
<br />authorizes and empowers Beneficiary, in the name of Trustor or othc-nw,se, to file, Prosecute, settle or compromise any such claim and
<br />to collect. receipt for and retain the proceecs 11 uie Trust Property is abandoned by rrustor after notice by Beneficiary to Trustor
<br />that the condemnor offers to make an award or settle a ctain-r for carriages, Trustor fads 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 m the collection thereof at the sole discretion of Beneficiary, be released to Trustor, applied to
<br />restoration of Trust Property, or apiplieo to the payment of the Indebtedness Unless Beneficiary and Trustor otherwise agree in writing,,/
<br />any such application of proceeds to Indebtedness shalt .not extend or postpone the due date of the Note or the payment of any
<br />installments carted for thereunder
<br />r2. Trustor Not Released Extension of the r;me •tor payment of modificatron of any ampftizatrcm of the indebtedness grained by BeneficarV
<br />to any successor ,n ;nteres:t of ?rustor shall not operare fn release. ^i any manner, the iiabirty (If Trusrpr and Tr;stor s successors :n
<br />interest Beneficiary shall not be re:qu,re(Y !o co,rimence proceedings against such s -ce (v r=aise ro e, -fend time for y',apryw -t of
<br />otherwise mochfy amorhza tit,•, of the rndebred nr.s's by n;,r: tin Ot ii 7y deman U made by 7 •i /5[Ci a'r^' as 3CCC(.SSQrS
<br />, i ir,fF FS
<br />,na'x r'i A')r malicn i 1pc 'Pquesr 0 r .e i r ra r. ri i w f tilt idE L' Bi e c try +, h r , c i nay tt < c c r I i �c !i
<br />,Cia Ei. Si` P -f)nG 13A Oahfni.t, mfy 1 y.l 1 ; _ wfors -i t !i
<br />�. .: I rf il.' - -: 9r y, YJ.•r 'wif h i gill: ;•,i,l,r, yt j{ (:ilY:'ci r, ,ll it lai�t�i,).
<br />A} t I,(i r ii {;r
<br />i
<br />
|