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Bb- <br />106551 <br />insurance premiums, ground rents, and all r charges whatsoever levied upon or assessed, placed or made against the Trust <br />Trustor further agrees, upon written request by Beneficiary, to promptly deliver to Beneficiary all receipts for the payment of <br />Property. <br />such charges. Trusts 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 Truster <br />may be applied by Beneficiary to the payment of the Indebtedness or to any such other debt, Nabikty or obligation, in any order or <br />manner of application which Beneficiary, in its absolute discretion, deems appropriate. Unass otherwise elected by Beneficiary, any <br />such payment shall be deemed applied first to the payment of any debt, liability or obligation v�her than the Note. <br />in the of <br />6. Charges. Liens. Trustor will keep the Trust Property free from all hens and encumbrances which in any way stay, judgment <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 shah 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 ken by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any interest in or <br />W of the Trust Property. <br />7. Hazard Insurance. Trusts 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 (l5i 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 shaft be paid in the manner provided under paragraph 4 hereof <br />or. if not paid in such manner, by Truster 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 pan 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 />H. 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, wit/ 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 />to the Trust Property <br />all present and future ordinances. regulations and requirements of any governmental body which are applicable <br />and to the occupancy and use thereof. If this Deed of Trust is on a unit in a condominium or a planned unit development, Trusty shall <br />perform all of Truseer'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 fats to perform any of the covenants and agreements contained in this Dsed 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 covvenants and agreements, make such appearances, <br />Beneficiary deems necessary to its <br />defend against and investigate such action or proceeding and take such other action as protect <br />interest including, but not limited to, disbursement of reasonable attorney fees and entry u on the Trust Property Y to make repairs. Any <br />; ; <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 Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the default rate. <br />if arry, set forth in the Note, or otherwise at the highest rate 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 Trustee's agent and, in Trustee's name or otherwise to perform any and all covenants and agreements to be <br />performed by Trustor as herein provided. Beneficiary shall, Wits option, be subrogatied 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 Trost Property, or any part thereof. or for conveyance in lieu of or rn anticipation of condemnation, are hereby <br />assigned to and shall be paid to Beneficiary Trustor wal 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 fail to do so, Trustor irrevocably <br />authorizes and empowers Beneficiary, in the narne 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 clam for damages, Trustor fails 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 alt reasonable costs and expenses. including attorney fees. which may have <br />been incurred by Beneficiary in the collection thereof, at the sole discretion of Beneficiary. be released to Trustor, applied to <br />restoration of Trust Property. or applied to the payment of the Indebtedness. Unless Beneficiary and Truster otherwise agree In writing, <br />any such application of proceeds to indebtedness shall not extend or postpone the due date of the Note or the payment of any <br />installments called for thereunder. <br />12. Trustor Not Released. Extension of the time for payment or modification of any amortization of the indebtedness granted by Beneficiary <br />to any successor in interest of Trustor shalt not operate to release, in any manner, the liability of Trustor and Trustor 's successors in <br />interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or <br />'s <br />otherwise modify amortization of the Indebtedness by reason of any demand made by Trustor arid Trustor successors <br />in interest. <br />r3. Finaricial Infonnabon. Upon request of Beneficiary. Trustor will provide to Beneficiary. within ninety 190) days of the close of each fiscal <br />year of Trustor, ire consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the indebtedness <br />secured hereby, IJ any, and will provide and deliver to Beneficiary such other financial information and in such manner as Renefic,ary <br />may reasonably request from time to rime. <br />14. financial Covenants. In addition to any other financial covenants of Trustor made in any other agreement. instrument or dncumenr. <br />Trustor shall rcxmay, with and shall cause any and all guarantors of the indebtedness secured heret?y to compiy with. or be :» <br />c€lmoilance with, the foolowing financial covenants. (Ties paragraph shall not apply d covorian's iancf regwlemenfs 8'P not tint <br />S, <br />forth, herein.) <br />19. 'k<twoule of Leases Within terra (10) clays rafter lemand. 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