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<br />L~Q~-- u~~..~sr~
<br />and providing Trustar has deposited sufftcicnt funds with Beneficiary pursuant to this Sec[ton I.t~, Sensficiary
<br />shalt pay such amounts as may be due thereunder out of the funds so deposited with Beneftciary. If at any times
<br />and for any reason the funds deposited with Benefeciary ate ar wiU be insufficicat to gay such amounts as-may
<br />then or subsequently be due, Beneficiary shalt notify Trustor and Trustor shaft immediately deposit an amount
<br />equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause
<br />Beneficiary to he deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amoune o£
<br />funds deposited with Beneficiary pursuant to thee Scotian I.04. Beneficiary may commingle said reurve with tees
<br />own funds and Trustar shall be entitled ao no interest theeeon.
<br />1.05 Insurance ProeeeGs. That af[er the happening of any casualty io the Trust Estate or any part thereof,
<br />Trustor shalt give prompt written notice thereof to Beneficiary.
<br />(a} In the event of any damage or destruction of the Improvements. Beneticiary shall have the option in its
<br />sole discretion of applying all or part of the insurance proceeds (i} to any indebtcdncss secured hereby and. in
<br />such order as Beneficiary may determine, or (ii) to the restoration of the Improvements or (iii) to Trustor.
<br />(b) In the event of such loss or damage, all proceeds of insurance shaft be payable to Beneficiary, and
<br />, Trustor heretry authorizes and directs any affected insurance company to make payment of such proceeds directly
<br />to Beneficiary. Beneficiary is hereby authorized and empowered by Trustor :o settle, adust or compromise any
<br />clairns for loss, damage or destruction under any policy or policies of insurance.
<br />(c) Except to the extent that insurance proceeds are received by Beneficiary and applied to the in-
<br />deb[edness secured hereby, nothing herein contained shall be deemed to excuse Trustor from repairing or main-
<br />taining the Trust Estate as provided ir, action 1.02 hereof or restoring a^ damage or destruction to the Trust
<br />Estate, regardless of whether or net there are insurance praeceds available or whether a -such proceeds are saf-
<br />fcient in amount, and [he application or release by Beneficiary of any insurance proceedsvshall nut cure or waive
<br />any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such notice.
<br />1.Ob Assiknmznt _o( Policies_ l~rn _Fureciosure. In the event of foreclosure ut this Deed at Trust +~r other
<br />transfer of tali or assignment of the Trust Estate in extin,uishment. in wh+~lr or in part. ~~f the debts secured
<br />hereb}'. aII right. [itle and interest of Trustar in and to all policies a[ insurance required by this Deed of Trust
<br />shat! inure to the benefit[ of and pass to [he successor in interest as Trustor or .he purchaser or granter of the
<br />Trust ESt;ltr.
<br />1.07 Indemnification; Subrogation: Waiver of Offset.
<br />gat If Brnrfieian~ ie made a pane drtrndent to ^nc litig:[tian cuneentim_ th[s Drrd of I rust ++r the l-rues
<br />Estate ur any port therr,+( ar interest therein. nr the eccup;mev thereu+ tat Tnun*r. then l~rustor shalt indemnifc.
<br />defend and hold Beneficiary harmless from all liability by reason of said litigation, including reasonable at-
<br />torneys' fees and expenses incurred by Beneficiary in any such litigation, whether or not any such litigation [s
<br />prosecuted [o judgment. If Beneficiary commences an action against Trustor eta enforce any of the terms hereof or
<br />because of the breach by Trustor of any of the terms hereof, or for the recovers of arv sem secured herelav.
<br />Trustor shaft pay to Beneficiary reasonable attorneys' fees and expenses, and the rtght to such atrorncys' fees and
<br />expenses shall bt deemed to have accrued on the commencement of sues action, and shall be enforceable
<br />whether or net such action is pnasecu[ed to judgment. If Trustor breaches any term of th[s Decd of Trust,
<br />Beneficiary may employ an attorney ur atiurnevs tc protect its rigi[t hereunder. and ;.• [hr ev»rt of such em-
<br />ployment following any breach by Trustar, Trustor shall pay Beneticiary reasonable attorneys' tees and expenses
<br />incurred by i3eneficiary. wttrthrr ~.r nc~t an action is actually commenced against Trustar by reason .[f breach.
<br />(b} Trustor waives any end all nghe to claim ar recover against Benef~aary, rte officers, employees, agents
<br />and rcpresenta:ives, for loss of car damage to Trustor, the Trust Estate, Trustar's property or the property of
<br />others under Trustor's control from soy cause insured against ur reyutred to br insured agatnst by the pn+vrswm
<br />of this Deed of Trust
<br />(c1 All sums payc+Mr by Trustor hereunder shalt tae patd wnhaut nonce. demand, counterclaim. setoff.
<br />deduction ar defense and without abatcmatt, suspensnan, deferment. dirrtnution or reduction, and the ah1[gat ions
<br />and liabilnies of Trustor hereunder shall en ru way br rrlrased, discharged or athervvisr affec¢rd {excrpt as ex-
<br />pressiy provided here[n) by reason ut (tl any damugr to ,+r destruction of or any condemnat~en or sirntfar taking
<br />of the Trust Estate ur any part thereat- (n) any restncnon ar prevention of c.r mterferencr with ;toy use of the
<br />Trust Estate or any part thereof, pill any utlr defect ur me .mbrance or any ev icttar~ from thr Nroprrty ,.ar thr Im-
<br />provements ar any part thereof by title paramount ur athrrwist, hv) any bankruptcy. tnsoivencv, reorgan[zahun,
<br />rampasitiun, adj.tstmrnt, tltsxafutrun. Itequiti:attrn ur c+ther Etke pmt:rrding reVattng to Benefictary, ur a[ty action
<br />taken with rosprct to this fTrrd of Trust key any [roster ur rrcetver of Brnrftctary, r+r by any cuun, ~n .=.ny such
<br />proceedings (v) any clams whtch Trustar has yr might have agatnst Beneficiary, tvU any default cr Cariure tin the
<br />part of Beneficiary to perform ur comply wuh any of the terms hrrruf ur of any +athrr agreement with 'Trustar; ur
<br />lviil any alhcr !occurrence whatsoever, whether sentilar ~r disci nrtlat (a the foregoing, whether ur nut Trustor
<br />shall have noun or knowledge of any of the ferrgatng. Except as ezprrssly pr<w~ded hernia, Trustor watvca elf
<br />rights now ur hereafter conferrer} by statues or uthrrw[sc to any abatement, sus;aenstan. drfrnuent, dinarnutiun ur
<br />reduction of any sum secured hereb} and payahlt by Trustor.
<br />1.08 Taxes and lmpositivrts.
<br />(a} Tiu'stor agrees to pay, at teas[ t0 days poor to delinquency. all real property taxes and assessments,
<br />grneral and special, and elf attire taxes and assessments of any k[nd or nature whatsoever, [[tcladuag wuhoui
<br />limitation nor,-gacc,rnmeattaf Iev~ias or usse•stman[s such us m;untrnaner rharccti. .+wnr~ ,t"orrnp-n dues at
<br />harges or tees, lev;r,or charges rosulting from eovenanu. cundipons and restrictions afiecung the Trust Estate,
<br />which ace assessed ar imposed upon the Trust Estate, oc became due and payable, and wh[cft create, may create
<br />ar appear to create a lien upon [he Trust Estate, or any part thereof, or upon any Personal Pn?perry, eymfament or
<br />other facility' used [n the operation or matntrnance thereof tali of which taxes. assessments and other Bt+vcrn-
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