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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 />