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85 005066 <br />insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against the Trust <br />Property. Tnistor 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 need 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, 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 than the Note. <br />other <br />6 Charges; Liens. 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 />T. 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 fair acceptable to Beneficiary. Alf 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 it 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 m 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 m 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 me same are Immediately replaced with <br />Ilke property sublect to the lien and security interest of this Deed of Trust and of at least equal . alue anti uttlity Trustor will compty with <br />all present and future ordinances, requ/atrons arid requirements of anv governmenral body which are applicable to the Trust Property <br />anal to the occupancy and use thereof If this Deed of Trust is on a unit in a condominium or a planned unit (Yevelopment. Trusteir shalt <br />perform ail of Trustor s obligations under the declarations or covenants creating or governmg 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 (nay, at ail reasonable times, enter upun the i rust Property for the purpose of inspection <br />Beneficiary shall !cave no dury to make <br />such inspection and shall not be liable to Trustor or to any person ,n possession If it makes or <br />tads to make any such inspection <br />10 Protection of Security it Trustor fads to perlonn any ur the covenants anti agreerr)en!s c. ntainea in rnis Deed of Trust, or If any action <br />Or proceeding is commenced which does or may adversely ratlect the Trust Property or the rnterersr of Trustor c)r Beneficiary (herein or <br />the title at Trustor thereto, then Beneficiary, a! its Option, may perform .Such convendnts ono ag,eernenws. make such appearances, <br />defend against and investigate such actor, or proceedngg aria take such other action as Beneficiary deems necessary to protect Its <br />Interest , ncluding, but nor Limited tr, . 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, wdh ,nreres! thereon shau curisbrure Indebtedness of Trustor <br />secured by this Deed of Trust Urdess Tru.slor and Beneficiary agree to pimp !rims of payment such amounts snail be payable upon <br />notice from Beneficiary to Trustor requesting payment thereof, and shali bear interest from tt)f• ;late Of disbursement at the default rate <br />it any, set forth rn the Note, of Otherwise at the h,ghest rate permitted by iaw Noting cnnlH+nea in ;firs paragraph snail require <br />Beneficiary to incur any expense or take any action hereunuet Trus lot, <br />irevoc ably au!fionzes and c,rripowers Beneficiary to enter upon <br />The Trust Properly as Trustor, s agent and m Trustot s name otherwi <br />or e fo ocrtonn anv n r all ocenants ana agreements fo ne <br />performed by Trustot as herein provided Beneficiary shall at its option. he <br />uhrogare (1 Iny erct n brance lien. daft; or demand <br />and to all rights and securities for the payment !nereof paid or disc hdrgea by Beneficiary, , ,tier The provisions hereof and any such <br />subrogation rights shall be adaitri>nai and cumulative security for tn,...)e<sa of , nsr <br />t 1 Condemnation The proceeds of any award or clam) for daniaye ;, direct or rpncC•quentrHi. v. connecdcri wry) any condernnatmr <br />(v <br />other taking of the Trust Property, of any part thereof cr for conveyance ,n lieu cf or ,r% anhcipahnr, of cnr,dcmnat or!, are hereby <br />assigned to and shall be paid to Beneficiary Trustor will fife and prusecure, ii good 04n and with due adigeree, Its cialm for any such <br />award or payment, and will cause the same to be coi,ecteo and paid,, pdo,,o Belle fic,ary. and snoutrl it ta,r to do so, Trustor trrevocabiy <br />authorizes an(1 empowers Benefrr:Iary, r. trill n amt cif Ira Iry Or oche rwi e, to lilt )ro5t(ut" orrpru rn;e ar) -rich claim anti <br />ro Collect, re--eipt for ano retain the proceeds it the Trust Pn)peny r,, dbano by <br />,tied v v the r ,;,!,cf .,y Ron( uC ar, rr n,. ;tnr <br />that the Condemnor offers to make an award or "oftie a Dann to, (ldtmtga5. Tru S7Gr !ads r. rrrspl rrn Ir' Bent -. <br />;hc,ary w,lhin thnly ! �>, -I y,, <br />anal fire dale $uch rior)ce ,$ Ina,led. Banellcaary fS aurhoozed fu c(--lip, I ant} "'j j)4 'her t /(,,.e -1':t `, rr!ia nrl ,r ,,,,(it( at['a r)ert'In Tr;e <br />proceeds (,if any aWard Or ciaifn may, after deducting ali reaS(iniabie , ;f ,sp, %In l o'pen..f t „1 r ] otfi r•,a � !Fit? wr t P niiiV hril'I' <br />teen aic:urfed by Beneficiary in !ire (.0tiction thereof, al the ;Wv (hs( e ^nn oi Heovfih -, a eh a e u t., T,w,rw ,1pp6c -ri to <br />restoration of Trust P openy jr applied to fl7e payment of it)(. ind(tb Cdr( ;5; JniCtiS He %,trio ,cry anCf T' ;ISkn „lher Wl r igrf)e ,) wntiny <br />any suet, application ,)f proceeds to Indehfeanw s -+hall! not (rxtfand r)r po! jtT ofte flit' ,!u : f_arO ; ! it- INi:rf, .' ilia' ;,.iyf e rif <br />rnstalfrnents called for thereunder <br />17 Truvoi NJ' Fxter) s+, n C)l !i , Wne lol r <br />I pl meat or <br />Y air( Br J,) i elder r , ti �rar, r V (it l bt'iari <br />tr, <br />any vucrL "s9br10 intere5l Of lu °aor shall not 1,porate f(i n,Iedae. , a ry <br />nferes ile riehc,ary ;hall not be wiii fe d to ::oinme rice <br />hv. versa n, a <br />ubly arnr atrr r vt <br />CW <br />n i Krt SI <br />t r R +-i¢i l fJn wr,of Jpo! 1 of H., r li r,Uy I l i' ✓ .. tit,,, i ,t •r e r �t , t , i.. r „.r <br />liar f 7 tifrr 'fu rr,dular r a ant - it _ atfr r., a, <br />a <br />c c , ,,,a <br />r. _ - ... <br />"n,( , .. <br />` f "Not" I r e b, ,ail f. i !o :), - <br />t <br />` <br />Se <br />S <br />