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<br />200803089 <br /> <br />delinquency all taxes, assessments, levies and charges imposed: (a) by any public or quasi?public <br />authority or utility company which are or which may become a lien upon or cause a loss in value of the <br />Subject Property or any interest therein; or (b) by any public authority upon Beneficiary by reason of its <br />interest in any Secured Obligation or in the Subject Property, or by reason of any payment made to <br />Beneficiary pursuant to any Secured Obligation; provided however, that Trustor shall have no obligation <br />to pay any income taxes of Beneficiary. Promptly upon request by Beneficiary, Trustor shall furnish to <br />BenefIciary satisfactory evidence of the payment of all of the foregoing. Beneficiary is hereby <br />authorized to request and receive from the responsible governmental and non~governmental personnel <br />written statements with respect to the accrual and payment of any of the foregoing. <br /> <br />4.3 Performance of Secured Obligations. Trustor shall promptly pay and perform each Secured <br />Obligation when due. <br /> <br />4.4 Liens. Encumbrances and Charges. Trustor shall immediately discharge any lien on the Subject <br />Property not approved by Beneficiary in writing. Except as otherwise provided in any Secured <br />Obligation or other agreement with Beneficiary, Trustor shall pay when due all obligations secured by or <br />reducible to liens and encumbrances which shall now or hereafter encumber the Subject Property, <br />whether senior or subordinate hereto, including without limitation, any mechanics' liens. <br /> <br />4.5 Insurance. Trustor shall insure the Subject Property against loss or damage by fire and such other <br />risks as Beneficiary shall from time to time require. Trustor shall carry public liability insurance, flood <br />insurance as required by applicable law and such other insurance as Beneficiary may reasonably <br />require, including without limitation, business interruption insurance or loss of rental value insurance. <br />Trustor shall maintain all required insurance at Trustor's expense, under policies issued by companies <br />and in form and substance satisfactory to Beneficiary. Neither Beneficiary nor Trustee, by reason of <br />accepting, rejecting, approving or obtaining insurance, shall incur any liability for: (a) the existence, <br />nonexistence, form or legal suffiCiency thereof; (b) the solvency of any insurer; or (c) the payment of <br />losses. All policies and certificates of insurance shall name Beneficiary as loss payee, and shall provide <br />that the insurance cannot be terminated as to Beneficiary except upon a minimum of ten (10) days' prior <br />written notice to Beneficiary. Immediately upon any request by Beneficiary, Trustor shall deliver to <br />Beneficiary the original of all such policies or certificates, with receipts evidencing annual prepayment of <br />the premiums. <br /> <br />4.6 Tax and Insurance Imoounds. At Beneficiary's option and upon its demand, Trustor shall, until all <br />Secured Obligations have been paid in full, pay to Beneficiary monthly, annually or as otherwise <br />directed by Beneficiary an amount estimated by Beneficiary to be equal to: (a) all taxes, assessments, <br />levies and charges imposed by any public or quasi?public authority or utility company which are or may <br />become a lien upon the Subject Property and will become due for the tax year during which such <br />payment is so directed; and (b) premiums for fire, other hazard and mortgage insurance next due. If <br />Beneficiary determines that amounts paid by Trustor are insufficient for the payment in full of such <br />taxes, assessments, levies and/or insurance premiums, Beneficiary shall notify Trustor of the increased <br />amount required for the payment thereof when due, and Trustor shall pay to Beneficiary such additional <br />amount within thirty (30) days after notice from Beneficiary. All amounts so paid shall not bear interest, <br />except to the extent and in the amount required by law. So long as there is no Default, Beneficiary shall <br />apply said amounts to the payment of, or at Beneficiary's sole option release said funds to Trustor for <br />application to and payment of, such taxes, assessments, levies, charges and insurance premiums. If a <br />Default exists, Beneficiary at its sole option may apply all or any part of said amounts to any Secured <br />Obligation and/or to cure such Default, in which event Trustor shall be required to restore all amounts so <br />applied, as well as to cure any Default not cured by such application. Trustor hereby grants and <br />transfers to Beneficiary a security interest in all amounts so paid and held in Beneficiary's possession, <br />and all proceeds thereof, to secure the payment and performance of each Secured Obligation. Upon <br />assignment of this Deed of Trust, Beneficiary shall have the right to assign all amounts collected and in <br />its posseSSion to its assignee, whereupon Beneficiary and Trustee shall be released from all liability with <br />respect thereto. The existence of said impounds shall not limit Beneficiary's rights under any other <br />provision of this Deed of Trust or any other agreement, statute or rule of law. Within ninety~five (95) <br />