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arseranas protttilrm ground raft, and all other urges whatsoever levied upon or assessed Maced or made against aloe Tnat <br />Property. Tiusfor lirtirer agrees, upon owiflet mquest by Ben Lary, to promptly deliver to Beneficiary aN receipts for the par"W or <br />such charges. Tnrao►Fkewise agrees to pay .at taxes, assessments and other charges levied upon or assessed, placed dr manta <br />against orni ensured by, Wa tried of Trustor the recordation tmeor. <br />3- +t Pkabm OfPalsrrarts. AN payments rtscaived by Denrlidwy as to any debt littiiday or obxgation owed to Beriebawy by Thaw <br />may be MPPisd by Bwiefiaary to the payment of the indebtedness or to any such other debt Nabilily or obligapori, in any order or <br />naansrofaApicatiorn which iwy in its abeokrie discretion, dooms appropriate. Unless o1herhvree elected by Benelliciery airy <br />such payment shall be deemed applied first to the payment of any debt 6abifty or obligation other than the Note. <br />6. Chatgea; Liens. Tnratar WN keep the Trust Property has from all Fero and ericurnbrances which in any way m' -y. in the ftrdgmeat of <br />Barrafidary, !true primly otror, or impair fire seratrntyf e>< On Deed of Trust but 7nrabr need not discharge any slrrfr Fen so:lang as <br />Tm Mir sihalf agree, in wriMg, to pay the obligation sectored by srrch Fan in a marines acceptable to Barre WWy and shah in good MOM <br />by appropriate legal pmceatifts eNsctfve to prevent the enforcement of the lien and No roes of arty srtetev in or <br />part Of to Tmor h <br />7 hazard insurance. Tnsfor shall heap the buildings artd other o provements now existing or hereafter erected on the Trust Property <br />muted by insurance carvers satisfactory to Beneficiary against loss by fire, hazards included in the term 'extended coverage. and <br />such other hazards, casualties and co+t regencies as may be required by Beneficiary , fn such amounts and for such pe nods as may be <br />required by wry- The ply of insurance s1raN be in Gant acceptable to Beneficiary, provide that the same may not be <br />CWXM ed or modrxed without fifteen (15) days prior written notice to Beneficiary. and shall have loss payatnle provisions in favor of and <br />in form acceptable to Beneficiary. AN premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof <br />ex, if not paid In such manner, by Trustor malUng payment at least fifteen (15) days prior to the due date, directly to the insurance <br />carrier. BerreAciary shall have the right to hold the pokcfes and renewals thereof and Trustor shall promptly famish to BerreNctary all <br />renewal nf; tim and all paid premium receipts received by it. In no event shall Beneficiary or Trustee be held responsible for lure to <br />pay insurance premiums or for any toss 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 lass or damage insured against or for failure by Trustor to effect the insurance required hereunder. In the event <br />O( kW, Trusts shah give prompt notice by mad to the insurance carrier and Beneficiary - Beneficiary may make prod of loss if not <br />made promptly or in proper form by Trustor. AN 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, tide and interest of Trustor in and to any insurance policy there in force <br />shall pass to the purchaser at Vie trustee's sale or foreclosure sale in case of any loss. the insurance proceeds may, at the option of <br />Beneficiary. be appled by Beneficiary upon the Indebtedness, or any part thereof, and in such order and amount as Beneficiary may <br />defermine, 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 pardon thereof, may be <br />released to Trustor. UMess 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 arty installments called to therein, or change the amount of such installments. H the <br />Trust Property is acquirers 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 shah 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 twern. <br />8. Preservation and Maintenance of Trust Property. Trustor will keep the buildings and other improvements now or hereafter erected on <br />Vie Trust Property in <br />� <br />good repair and condition and will not commit or permit waste. will not alter the design or structural character <br />danstiturbng 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. Trurstix will riot remove any fixtures constituting the Trust Property unless the same are immediately replaced with <br />_ <br />like property subject to the hen and security interest of this Deed of Trust and of at least equal value and utility. Trustor will comply with <br />4 <br />all present and future ordinances, regulations and requirements of any governmental body which are applicable to the Trust Property <br />mid 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 all reasonable times, enter upon the Trust Property for the purpose of inspection. <br />e <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 />fafs to make any such tnspecton. <br />10. Protection of Security. N Tnuto tails to perform any of the covenants and agreements contained in this Deed of Trust, or if any action <br />,. <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 con •enants 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 as <br />A <br />interest including, but not limited to, disbursement of reasonable attorney toes 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 />nonce from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the default rate, <br />if arty, set forth in the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require <br />Baneficrary to incur any expense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to enter upon <br />Me Trust Property as Trustor's agent arid, in Trustor "s name or otherwise to perform any and all covenants and agreements to be <br />performed by Trustor as herein provided. Beneficiary shall, at its option, be subrogated to any encumbrance, teen, 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 clam for damages. direct or consequential, in connection with any condemnation or <br />other tatting of the Trust Property, or any part thereof, or toy conveyance in lieu of or in anticipation of condemnation, are hereby <br />assigned to and shall be pad 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 paid to Beneficiary, and, should it fari to do so: Trustor irrevocably <br />authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to file. prosecute. settle or compromise any such claim and <br />to collect receipt for and retain the proceeds- If the Trust Property is abandoned by Trustor, or, after notice by Beneficiary to Trustor <br />that the condemnor offers to make an award or settle a Gam for damages, Trustor fails to respond to Beneficiary within thirty (30) days <br />after the date such notice is mated. 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 in the c iiiectron thereof, at the bole diswetforr of Beneficiary, be released to T rustuf, applied to <br />restoration of Trust Property, or applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise <br />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 />installn"Wits calved for thereunder. <br />12. Trustor Not Released. Extension of the time for payment or modification of any arrorrzatton of the indebtedness granted by Beneficiary <br />to any successor in interest of Trustor shall not operate to release, in any manner, the liability of Trustor and Trustor s successors m <br />interest Beneficiary shall riot be required to commence proceedings against such successor or refuse to extend time for paymenr or <br />otherwise modify amortization of the Indebtedness by reason of any demand made by Trustor and Trustor s successors <br />In Interest. <br />1 <br />13. ftinanpal lydonration. Upon request of Beneficiary• Trustor wilt provide to Beneficiary, within ornery i90! days of the close of each hsc:ai <br />L <br />year of Trustor. the co nsokdafed balance sheet and statement of earnings of Trustor and any and all guarantors of the indebtedness <br />secured hereby, if any, and will provide and deriver to Beneficiary such other hnanciai rnforrriatron and rn such manner as Benon-hopry <br />may reasonably request from time to time <br />14. Financial Covenants in addition to any other financial covenants of Trustor made in any either agreement - istrament ci [Ax u . rem <br />TIUSW shall comply with and shall Cause any and all guarantors of Vie indebreciness sec urec nereby rn t ,>mp;v w •n ;v t>- „n <br />compliance with, the following financial covenants [This paragraph shalt nor aorwt :f t c enaws a0 se; <br />forth herein i <br />- <br />15 Schedule of Leases Within ten i70) nays alter demand Trustor shah furnish C Iaf net a r ? si Y 7 eft, <br />forth all leases of theo�TYrusi rfperty. X any portbftn theryrr fncrt,rdmq n eac ' ^F <br />, a_e a. e ,f r,- enar•,s t <br />of the space occupied by such tenant of occupafil. the 'entai payable lqr Sfr� 4,t'R.:r a'?.) ' Jt •r''t d;' �; .< ,t r�, ., w+r . <br />respect to such tenses and tenancies as Beneficiary may reaso3acvv rkuQJest <br />