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insurance premiums, ground rents, and alt 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 />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 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 application which Beneficiary, in its absolute discretion, deems appropriate. Unless otherwise elected by Beneficiary, any <br />such payment shall be deemed applied first to the payment of any debt, liability or obligation other than the Note. <br />6. Charges; Lens. Trustor will keep the Trust Property free from all liens and encumbrances which in any way may, in the judgment 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 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 (15) 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 shall be paid in the manner provided under paragraph 4 hereof <br />or, if not paid in such manner, by Trustor 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 part 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 />13. 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. 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 />tails to make any such inspection. <br />10. Protection of Security, if Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust, or it 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 convenants and agreements, make such appearances, <br />defend against and iovesltgate 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 fees 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 />it 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 Truslor'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 all rights and securities for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any such <br />subrogation nghts 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, m 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 fad 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 arid <br />to collect, receipt for and retain the proceeds If rho Trust Property is abandoned by Trustor, or, after notice by Benehciary to Trustor <br />that the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within thirty (30) days <br />a -cer the date such notice is maded, Beneficiary is authorized to collect and apply the proceeds in the manner indicared 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 m the collection thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to <br />restoration of Trust Proporty, or applied to the payment of the Indebtedness. Unless Boriehcrary and Trustor otherwise agree in writing, <br />any such application of proceeds to Indebtedness shall riot extend or postpone the due (late 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 lndebtedrwss granfod by Benehciary <br />to any successor in interest of Trustor shall not operate to release, in any manner the liability of Intstoi and fnistors successors .n <br />mlerast. Banehciary, shall not be required to commence proceedings against such successor or reluse to extend brne for paymenl w <br />otherwise modify amorlizahon of the Indebtedness by roason of any demand —ado by Irtr:tlor and Trustor s suc cossors <br />in interest <br />L f1 Financial Information r c l <br />3 U rGn o ucs! of n ifr,rlr 1 i , u will r r i o H nr Ir )r i inn un rl the ri � of r h h r <br />q Be i c, y c fc p c v Ue f e c ary� w f ery k i ihiy tl r� ire � i ac u a <br />Year of Trustor, the coowhdated balance shoot arid statement of earning,, of rrustot and any i of nil quar rnrr,,s of ncf, In,lebh Yrrr ss <br />secured hereby. it any, aril will provide arid dohver to Renebcrary ;uch other hn lncral qwv n>,enne,r is Tier i1 i'wr , <br />may reasonably request trot" little to hale <br />14 Financial lovenants rri jorliti In to any nfiie; Ina ricr,rl crvt:narifs of lustoi (twoo in any cth e- ,rq�ee� ^run' ^:4un�,:•�f� ,� �1i� v ^:e> -•rat <br />rrusMlr V aft cornply with and ';hall :di„H ;tit and all q;mt,jnlr r: of thin 7nlr t;torfnus . r�rri�(i lievchy� �vnirr} n t. <br />r,GmpNant:e with, fit(' rr,llc,wn'g hr� lm ..,& crw, tna/w fit/,; paragfaf L Owl! 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