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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 />against, or measured by, this Deed of Trust or the recordation hereof. <br />Application of Payments. All payments received by Beneficiary as to any debt, liability or obligation owed to Beneficiary by Trustor <br />00 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 she# be deemed applied first to the payment of any debt, liability or obligation other than the Note. <br />Charges; Liens. Trustor will keep the Trust Property free from all liens and encumbrances which in any way may, in the judgment of <br />C% 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 />' Truslor shag 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 />LO part of the Trust Property. <br />C07. Hazard Insurance. Trusts she# keep the buildings and other improvements now existing or hereafter erected on the Trust Property <br />f 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 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 />I 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 />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 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 bP 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 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 title of Trustor thereto, then Beneficiary, at its option, may perform such convenams 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 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 />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 subrogatod 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 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 fife 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. 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 claim for damages, Trustor fails to respond to Beneficiary within thirty (30,1 days <br />after The date such notice is mailed, Benehclary 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 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 celled for thereunder. <br />12. Trustor Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness granted by Benehclary <br />to any successor in interest of Trustor shall not operate to release. in any manner, the llabifiry 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 payn tent of <br />otherwise modify amortizaton of the Indebtedness by reason of any demand made by Trustor and Tru.stor's successors <br />in Interest. <br />t <br />Q. Financlai Information. Upon request of Beneficiary, Trustor will provide to Beneficiary. within ninety i90) days of the close of each hsc:ai <br />year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the lndahredr ess <br />secured hereby. if any, and will provide and deliver to Beneficiary such other financial inforrnahen and in such manner is Renericl,aq. <br />may reasonably request from time to time. <br />74 Financial Covenants. In admt oil to any mher financlai covenants oI TluSto! made rn any other agreement. rris!rtl -e rl of 0", u%re^!. <br />Trustor shall comply viii,, and shall cause any and all guarantors or the IrrdebterJness .. r. n,red hi.re!IV to cnmply wit1 . he yr <br />inn :pl,ance with . rile foflo —lg hnanc,ai covenants Illy, paragraph shall my apt >iv 'f <br />forth nwroin ; <br />1 -) Ic hat 1 / a of /.'eS Af it ren i 71)1 Oay ; ,rhPr rlenwrill tr iftr• qldli 1111 MV, I ,I a r.., froo / 1 Pt !"'NrZv _ e , <br />r[,r„ d11 ;Ff,9 ,ry . hf r t if F'rcll?rirfy. fir env i o,r; i Iht rf of .aC' /rri, -t.g i• r,ai h I,, <br />'Ai, up ,wt lhP 'Wild , ry at _ <br />■ �, ' , , e,r -.I_ c . 'r,r.;a. ,, ! I.. f <n rnari ,elrr . 1,i✓ .. a. -r. rI,11 i. ,.r,: .. .. ,. r .... <br />