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** (1) Promissory Note Secured by Deed of Trust for $2,650,000 dated October 16, 1984 as modified <br />and as modified by the Sixth Amendment to Loan Docixnents dated this even date in favor of <br />Beneficiary or its holder and (2) Second Promissory Note Secured by Deed of Trust for $1,070,000 <br />FOR THE PURPOSE OF SECURING: dated June 6, 1985 as modified and as modified by the Sixth <br />Amendment to Loan Documents dated this event date in favor of Beneficiary or its holder <br />(a) The payment of indebtedness evidenced by Trustor's <br />together with interest at the rate or rates provided therein, therein, together <br />with any and all renewals, modifications, and extensions thereof, referred to' &s the "Note ") both Principal and 'yindi- <br />interest on the Note being payable in accordance with the terms set forth therein, reference to which is herebyvidually <br />made, the final payment of principal and interest, if not sooner paid and if no renewals, modifications or extensronsand Col- <br />are made, due and payable on December 31, 1486 lectively <br />cc <br />(b) The performance of each agreement and covenant of Trustor herein contained; and O: <br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced ((� <br />under the terms of this Trust Deed. <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND <br />AGREES AS FOLLOWS: <br />i. Payment of Principal and Interest- Trustor shalt promptly pay when due the principal of and interest <br />on the indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal <br />of and interest on any Future Advances secured by this Trust Deed. <br />2. Warranty of Title. Trustor is lawfully seized and possessed of good and indefeasible title and estate <br />to the Property hereby conveyed and has the right to grant and convey the Property; the Property is free and clear <br />of all liens and encumbrances except liens now of record: and Trustor will warrant and defend the title to the <br />Property against all claims and demands <br />3. Maintenance and Compliance With Laws. Trustor shall keep the Property in good repair and condition <br />and shall not commit waste or permit impairment or deterioration of the Property and Mali comply with the pro- <br />visions of any lease if this Trust Deed is on a leasehold. No imorovement now or hereafter erected upon the Property <br />shall be altered, removed or demolished without the prior written consent of Beneficiary. Trustor shall comply with <br />ail laws, ordinances, regulations, cotenants, conditions and restrictions affecting the Property and not commit, suffer <br />or permit any act to be done in or upon the Property in violation of any law, ordinance, regulationr covenant, con- <br />dition or restriction- Trustor shall complete or restore promptly and in good workmanlike manner any imorovement <br />on the Property which may be damaged or destroyed and pay, when due, all claims for labor perforated a^.:: -a- <br />terials furnished therefore and for any alterations thereof. <br />4. Insurance. Trustor, at its expense, will maintain with insurors approved by Beneficiary, insurance with <br />respect to the improvements and personal property, constituting the Property, against loss by fire, lightning, tor- <br />nado, and other perils and hazards covered by standard extended coverage endorsement, in an amount equal to at <br />least one hundred percent of the full replacement value thereof and insurance against such other hazards and in such <br />amounts as is customarily carried by owners and operators of similar properties or as Seneficiary may require for its <br />protection. Trustor will comply with such other requirements as Beneficiary may from time to time request for the <br />protection by insurance of the interests of the respective parties. All insurance policies maintained pursuant to this <br />Trust Deed shall name Trustor and Beneficiary as insureds, as their respective interests may appear, and provide <br />that there shall be no cancellation or modification without no less than 15 days prior written notification to Trustee <br />and Beneficiary. in the event any policy hereunder is not renewed on or before 15 days prior to its expiration date, <br />Trustee or Beneficiary may procure such insurance in accordance with the provisions of paragraph 7 hereof- Trustor <br />shall deliver to Beneficiary the original policies of insurance and renewals thereof or memo copies of such Policies <br />and renewals thereof. Failure to furnish such insurance by Trustor, or renewals as required hereunder shall- at time <br />option of Beneficiary, constitute a default <br />5. Taxes, Assessments and Charges. Trustor shall pay all taxes, assessments and other charges, including_ <br />without limitation, fines and imposition attributable to the Property, and leasehold payments or ground rents, if <br />any, before the same became delinquent. Trustor shall promptly furnish to Beneficiary all notices of amounts due <br />under this paragraph, and in the went Trustor shall make payment directly, Trustor shall promptly furntsFm to <br />Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be iev >ed upon <br />Beneficiary's interest herein or upon this Trust Deed without regard to any law that may be enacted imposing <br />payment of the whole or any part thereof upon the Beneficiary. <br />6. Additional Liens and Protection of Beneficiary's Security, Trustor shall make all payments of interest <br />and principal and payments of any other charges, fees and expenses contracted to be paid to any exu-rg !,en <br />holders or prior beneficiaries under any prior deed of trust or mortgage before the date they are des ;nque, -ht —.,w <br />promptly pay and discharge any and all other liens, claims or charges which may jeopardize the security granted <br />herein. If Trustor fails to make any such payment or fails to perform any of the covenants and agreements con- <br />tained in this Trust Deed, or in any prior mortgage or deed of trust, or if any action or proceeding is commenced <br />which materially affects Beneficiary's interest in the Property, inciuding but not limited to, eminent damamn pro- <br />ceedings, or proceedings invuhnng a decedent, or if Trustor fails to Pay Trustor's debts generally as they become due <br />then Senefic.ary, at Benefictary's option and without notice to or demand upon Trustor and without reieassnq <br />Trustor from any obligation hereunder, may mitoe such appearances, dtsourse such sums and take :uch action as s <br />necessary to protect Beneficiary's interest, - ncludirtg, but riot limited to, disbursement of reasonao +e attorneys , =es <br />payment. Purcthase . context or compromi-se of any eneumpranc2, cnarge iy iien..rno entry ,pov the Proitert; ro <br />make repairs. In the event that Trustor snal: `aft to pror —e - Mirarce Of to paw 'Ixes, aswssmt -ts :7r 1 ^, ,;tne, <br />Pty 3 R6 ''3'jr : ii <br />