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-- 105258 <br />insurance premiums. ground rents. and all other charges whatsoever levied upon or assessed, placed or made against the Trust <br />Property. Trustor further agrees. upon written request by Beneficiary. to promptly deliver to Beneficiary all receipts for the payment of <br />such charges. Trustor likewise agrees to pay all taxes, assessments and other charges levied upon or assessed, placed or made <br />agains, or measured by, this Deed of Trust or the recordation hereof <br />5, Application of Payments. Afi payments received by Beneficiary as to any debt. liability or obligation owed to Beneficiary by Trusty <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 EPneficiary, any <br />such payment shall be deemed applied first to the payment of any debt. liability or obligation other than the Note. <br />a. Charges. Uens. T rusfoF will' keep the Trust P openy free from all liens and oncum,brances which Fn a. :y way may, in the iudgmant 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 hL-reatter 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 t„at the same may riot be <br />cancelled or modified without fifteen ( 15) days prior written notice w Beneficiary, and shalt -rave loss payable provisions in favor of and <br />in form acceptable to Beneficiary. All premiums on insu: ante policies shalt be paid in the mariner provided under paragraph 4 hereof <br />or. if not paid in such manner, by ,Trustor making payment at least fifteen f 15) days prior to the due state. directly to the insurance <br />earner. Berieficiary shall have the right to hold the policies and renewals thereot and Trustor shall promptly furnish to Beneficiary am <br />renewal notices and all paid premium receipts received tr it In nu event shall Beneficiary or Trustee be held responsible for failure to <br />pay insurance premiums or for any loss or damage ansmg out of a defect in any policy or arising oaf of any failure of any insurance <br />company to pay for any loss or damage insured against or tar failure by Trustor to effect the insurance required hereunder. In the evert <br />of loss. Trustor shall give prompt notice by mail to the insurance carrier and Beneficiary. Beneficiary may Make proof of doss f not <br />made promptly or in proper form by Trustor. Alt 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 Dower <br />of sale contained he,, em. or in the event of foreclosure, air right. £%tie and interest of Trustor in and to any insurance policy firers in force <br />shatl pass to the purchaser at the trustee's sale or foreclosure sale. An 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 armour t as Berreficiar y may . <br />determine: or said insurance proceeds; at the option of Bertefrctary. 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 thereat, may be <br />released to Trustor. Unless Beneficiary and Trustor otherwise agree in writing. any such application of msura ice proceeds not <br />extend or postpone the due date of the Note, or any installments called for £herein. or change the amount of suet: installmens. if the <br />Trust Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other foreclosure. all fight. he and interest of <br />Trustor in and to any insurance proceed -, payable as a result of damage to the Trust Property prior to the safe pr acquisition shelf pass <br />to Beneficiary and shall be applied first to the costs wid expenses. including attorney tees, incurred in collect m- g such proceeds, !her. <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 od <br />the Trust Property in good repair and condition and will riot commit or permit waste. will not alter the ri-scgr, or structural character <br />constituting any building now or hereafter are cted an and constituting!tie Trust Pro perty without .,,e prior written con serr of <br />Beneficiary. will not do any act or thing which would unduly impair or depreciate the value tat the Trust Property and will °tot abandon <br />the Trust Property. Trustor will not remove any fixtures constituting the Trust Property unless the same are immadateiy replaced writ-^ <br />like property sub feet to the lien and security interest of this weed of Trust and of at least equal value and utffly. T?u=r will comply with <br />aft present and future ordinances, regulations and requirements of any governmental body which are appircabfe to the Trus; 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 de-- vekitirrier r Trusarr shaft <br />perform all of Trustor "s obligations under the declarations or covenants creating or governing the condominium oi-lhe pl3rnaed unit <br />development, the bylaws and regulations of the condominium or planned unit development, and fie constituent - Jocurrients. <br />9. 1,7spection. Beneficiary or its agents may. at all reasonable times. enter upon the Trust Property for the purpose of inspection <br />Benefciary shall have no duty to make such inspection and shall not be liable to Trustor or to any person rn possession if it makes or <br />fails to make any such inspection. <br />10. Protection of Security. If Trustor faits to perform: any of the.covenans and agreements contained in this Deed of Tarsi, 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 fherein or <br />the trite of Trustor thereto, then Beneficiay, at its option, may perform, such comrartants and agreements, make such appearar7cas_ <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 tees and entry upon the Trust Property° ro make repaii. Any <br />amounts disbursed by Beneficiary pursuant to thts paragraph 10, with interest thereon. shad constitute indebtedness of Trustor <br />secured by this Deed of Trust Unless Trustor and Beneficiary agree to other terns of payment such amounts shall be payabie upon <br />notice from Beneficiary to Trustor requesting payment thereof and snail bear interest from the date of dcsbursernent at the defautt rate, <br />if any. set forth in the Note. or otherwise at the highest rate permitred by law. Nothing contained in this paragraph snail require <br />Beneficiary to incur any expense or take any fiction hereunder- Trustor irrevocably authorizes and empowers Beneficiary to enter ada <br />the Trust Property as Trustor s agent and. in Trustor 's name or Otherwise to perform any and all covenants and agre,erne ets tr be <br />performed by Trustor as herein provided. Beneficiary shall. at its option, tae subrogated to any encumbrance. lien. claim or demand <br />and to all rights and securities for the payment thereof paid or discnarged py Beneficiary under ;rte provisions hereof and any suc <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 at consequential. in connection with any ccanoremnataor ar <br />other taking of the Trusi Properly. or any can thereof, or for conveyance in iteu of or in anticipation df condemnation are nereby <br />assigned to and shall be paid to Beneficiary. Trustor will file and prosecute_ tit good faith and with due ditigen: e_ rs c;atmi :,r arn, sure` <br />award Or payment. and wil! cause the same to be collected and paid fl- Beneficiary. arid. should rr fail to 10 so_ Trustor irrevocably . <br />autnorrzes and empowers Beneficiary, in the name of Trustor or otherwise to file prosecute, settle or compromise arr suc^ cia,rr, arc <br />to collect, receipt for and retain the proceeds. If fire T rust Property is abandoned by Trustor. or. after notice —by Benefkcciw7: in Trustor <br />Mat the condemnor offers to maze an award or settle a claim for damages. Trustor fails to respond to Beneficiary wit in nu rr 30 gar., <br />after the date such notice is mailed. Beneficial, ;s authorize^ to collect and appiy the proceeds in the manner indtcatea nere,n The <br />proceeds of any award or claim may after deducting all reasonable costs ano expenses. including attorney fees. whtcn ^ray nave <br />been incurred by Beneficiary in the collection thereof, at the sole d s^reaon of Ber ^ficiary. be released to Trustor, appoec re <br />restoration of Trust Property. or applied to trre p.. :,rnent of the Indebtedness. Unless Beneficiary and Trustor otherwise agree i� ate: ring <br />any such application of proceeds tc Indebtedness shat! rtor extend Or postpone the due date o` the .doff olrhe pay- 2 ' o art <br />installments called for thereunder. <br />12 Trustor Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness gra,^tab of Senei +c +a^, <br />to any successor in interest of Trustor shat; not operate to release, in any manner, the liability of Trustor and T,msto- ; <br />interest. Beneficiary shall not be required to commence proceedings against such successor or refuse ro extend <br />otherwise modify amortization of the Indebtedness by reason of any demand made by Trustor and Trustor's successor: <br />in interest <br />13. Financial Information Upon request of Beneficiary. Trustor will provide iu Beneficiary, within ninery (gai days of me cios, c' ea.:-7 rrs; a <br />year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of ; ^iE i a,oed.?ad-tas� <br />secured hereby. if any. and will provide and deliver to Beneficiary such other fmanciai informtavon and r.n such manner as erief,c,an <br />may reasonably request from time tc time <br />14 Financrai Covenants in addrtior) to any order financial covenants of Trustor made in- any other agreement, rust u,T =enr D -oa eat. <br />7- rcrstor shall comply with and stealf cause any and all guarantors of 'he Inoebtedness secure: nerebi to <br />t'Grmplianc& witf ;. the tGHbwing iirianc:ai cmvenant5 ±Tilts paragraph ;halt riot appi4 if covenanrS aria �,8' <br />"irm nerev, <br />15 :Jet ouie of Loa-,es With H,• 10i .'aye fiffet r fimand. Trustor shah furnish to tlen iic ;a r 1 -E.j <br />twir; ali iF, P.r,. s of tfir ' „- t Property. or dri}- portion fherao' Mcistdin {. i : iaanrl . _ <br />r , <br />.:' !hr , .f` i •:'t :',.,:.e ; t,y -.,_h rF + =�d,i, �. :c. :- [t ":anC 7h6r' <br />tit <br />a, <br />Tt ..... ' {. ri.'�t-`- l'il't 7 11a, rt_'tj!,(Ytiyj ;if} �{3i7:.r 4e <br />