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86- 107397
<br />insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against the Tnist
<br />Prop" Trustor further agrees. upon written request by Beneficiary, to promptly deliver to Beneficiary all receipts for the payment 01
<br />such charges. Trustor kkewise agrees to pay 80 taxes, assessments and other charges levied upon or assessed, placed or made
<br />against or measured by, this Dead of Trust or the recordation hereof.
<br />5. Appkcatiart of Payments. AN 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 appkcation which Beneficiary , in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any
<br />such payment shelf be deemed applied first to the payment of any debt, liability or obligation other than the Note.
<br />6. Charges. Liens. Tnrr wilf keep the Trust Property free from all liens and encumbrances which in any way may, In the judgment of
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<br />Beneficiary, have priority over or impair the security of, this Deed of Trust but Trustor need not discharge any sush hen so long as
<br />Trustor shall agree, in writing, to pay the obligation secured by such lien in a manner acceptable to Benefictary and shaft in good faith
<br />owdest such ken 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 shah v
<br />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 shah be in form acceptable to Beneficiary, provide that the same may riot be
<br />cancelled or modified without fifteen (15) days prior written .io6ce to Beneficiary, and shah have loss payable provisions in favor of and
<br />in form acceptable to Benefictary. All premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof
<br />or, if rho( paid in such manner, by Trustor malting 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 marl to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not
<br />made promptly or in proper form by Trustor. Alf 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 Irdebtedness. 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 sad 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 shah 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 after 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 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 />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. Protechon 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 tide 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 lees 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 Trustor requesting payment thereof, 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 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 Trustor's agent and. 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, lien, claim or demand
<br />and to ail rights and secuntres for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any such
<br />subrogation nghts shalt 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 lieu 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 paid to Beneficiary. and, should it fail 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 It 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 claim for damages. Trustor rails to respord to Beneficiary within thirty 130) 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 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 Trustor otherwise agree in wnting,
<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 shall not operate to release, in any manner, the fiability, of Trustor and Trustor s successors ir+
<br />ingest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or
<br />otherwise modify amortizabon of the Indebtedness by reason of any demand made by Trustor and Trustor s successors
<br />in interest
<br />13 Financial information. Upon request of Beneficiary. Trustor will provide to Beneficiary, within nmery (90) days of the coos, of each fiscah
<br />year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any ano all guarantors of the h:debtedoess
<br />secured hereby, it any, and will provde end deliver to Benefit :ary such other financial information and •r; su( -!` marrier as Beneh(,;ary
<br />may reasonably request from time to lime
<br />14 Financial Covenants In addition to any covenants of Tri,stor made-f-, any a -ben agreement m;rrun+ent or dOCUment � 1
<br />Trustor shall comply with and shall Cause any and all guarantors nl the )ndebledness secureed hereb}• to compir with v he 'r
<br />ccvropbanc® with the following financial covenants rT!ies pare r shall not appry :r _ nvenenis anti rr,pu;rermenrs ere "i,t s
<br />ky1f; herein I
<br />15 ra;herftiJe M 1. eases within ten i 0. days after demand. Tr s[vr 3'h ill hamrch !p F3",et,< re y' a vchecrl jte,2 ,.ort.i,ea lo h} ' ?Is!"! erhr q
<br />form ON h$ltses of thin Trust PrWeny Dr onv portion the nW. rriclud -nq tr each case Ow name or pip, tp,nitrfs a 'Pxr ,`bi,r•
<br />of Itw CpaCe (;ccupreer by Nuct, tenam of or curiarif the rRlltw [ avable lot such g4iarr "r-1 �, i r
<br />rer4( to iOd«es and ronatrr)e5 as eonell(:I afy nifty rraminabiv , flouf S.t
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