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OCT-05-2010 12:54 WESTERN NATIONAL BANK 785 244 6256 P.006�049
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<br />Trustor subject to Beneficiery's epproval, which shall not be unreasonably withheld. If Trustor fails to maintain
<br />the coverage described above, Beneficiary mey, at Beneficiary's option, obtain coverege to protect Beneficiary's
<br />rights in the Property according to the 4erms of this Dsed af Trust.
<br />All insuranee polieiss and renewals shall be ecceptable to Beneficiary and shall include a standard "mortgage
<br />clause" and, where epplicable, "beneficiary loss payee clause." Trustor shall immediately notify Benaficiary of
<br />cancellation or terminetion of the insuranee. Benefiiciary shall have the right to hold the policies and renewals. If
<br />Beneficiary requires, Trustor shall immedietely give to Beneficiary all receipts of peid premiums end renewel
<br />notices. Upon loss, Trustor shall give immediata notice to the insurance carrier and Beneficiery. Beneficiary may
<br />make proof ot loss if not made immediately by Trustor.
<br />Unless Beneficiary end Trustor otherwise agree in writing, insurance proceeds shall be appliec! to restoration or
<br />repair of the Property damaged if the restoration or repair is economically feasi6le and Beneficiary's security is
<br />not lessened. If the restoration or repair is not economically feasible or Beneficiary's security would be lessened,
<br />the insurance proceeds shall qe applied to the Secured Debt, whether or not then due, with any excess paid to
<br />Trustor. If Trustor ahandons the Property, or does not answer within 30 days e notice from Beneficiary that the
<br />insurance carrier hes offered to settle a claim, then Beneficiary may collect the insurance proceeds. Beneficiary
<br />may use the proceeds to repair or restore the f'roperty or ta pay the 5ecured Debt whether or not then due. The
<br />30-day period will begin when the notice is given.
<br />Unless Beneficiary and Trustor otherwise agree in writing, any application of proceeds tq principal shall not
<br />extend or postpone the due date of scheduled payments or change the amount of the payn�ents. If the Property
<br />is acquired by Beneficiary, Trustor's right to any insurance Policies and proceeds resulting from damaqe to the
<br />Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immedietely before
<br />the acquisition.
<br />B. Trustor agrees to maintain comprehensive general liability insurenee naming Beneficiary as an additional insured
<br />in an amount acceptable to Bsneficiary, insuring against claims arising from any accident ar occurrence in or on
<br />the Property.
<br />C. Trustor agrees to maintain rental loss or business interruptian insurance, as required by Beneficiary, in an
<br />amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed ta
<br />separately in writing), under e form of policy accepCabls to Beneficiary.
<br />22. No ESCRDW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not he
<br />required to pay to Beneficiary funds for taxes and insurance in escrow.
<br />23. FINANCIAI. REPORTS AND ADDITIONAL DbCUMENTS. Trustor will provide to Beneficiary upon request, any financial
<br />statement or information Beneficiary may deem necessary. Trustor warrants that ell financiel statements and
<br />informetion Trustor provides to Beneficiary are, or will Be, eccurate, correct, and complete. Trustor agrees to sign,
<br />deliver, and file as Beneficiary may reasonably request any additional documents or certifications that Beneticiary may
<br />consider necessary to perfect, continue, and preserve Trustor's obligetions under this Deed af Trust and Beneficiary's
<br />lien status on the Property. If Trustor fails to do so, Baneficiary may sign, deliver, end file such documents or
<br />certificates in Trustor's neme and Trustor hereby irrevoeaqly appoints Beneficiary or Benefieiery's egent as ettorney in
<br />fact to do the things necessary to comply with this sectian.
<br />24. JOINT AND INDIVIpUAL LIABILITY; C�-SIGNERS; SUCCESSQRS AND ASSIGNS BOUND. All duties under this Deed
<br />of Trust are joint and individual. If Trustor signs this beed of Trust but does not sign the Evidence of Debt, Trustor
<br />does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor does
<br />not agree to be personally liable on the Secured Debt. Trustor egrees that Beneficiary and any party to this Deed of
<br />Trust mey extend, moclify or n�ake any change in the terms of this Deed of Trust or the Evidencs of Debt without
<br />Trustor's consent. Such a change will not release Trustor from the terms of this Deed of Trust. 7he duties and
<br />benefits of this I�eed of Trust shell bind end benefit the successors and assigns of Trustor end Beneficiary.
<br />If this �eed of 7rust secures a guaranty between Beneficiary and Trustor and does not direcTly secure the obligation
<br />which is guerantiecl, Trustor agrees to waive eny rights that may prevent Beneficiary from bringing any action or claim
<br />ageinst Trustor or any party indebted under the obligation including, but not limited to, anti-deficiency or one-action
<br />lews.
<br />25. APPLICABLE LAW; SEVERABILI7Y; INTERPRETATIaN. This Deed of Trust is govemed by the laws of the jurisdiction
<br />in which Beneficiary is loceted, except to the extent otherwise required by the laws of the jurisdiction where the
<br />Property is located. This Deed of Trust is complete and fufly integrated. This Deed of Trust may not be amended or
<br />modified by oral agreement. Any section or clause in this Deed ofi Trust, attachments, or any agreement related to the
<br />5ecured Debt that conflicts with applica6le law will not be effective, unless that law expressly or impliedly permits the
<br />varietions by written agreement. If any section or clause of this Deed of 7rust cannot be enforced according to its
<br />terms, ihat section or clause will be severed and will not affiect the enforceability of the remeinder ofi this Deecf of
<br />Trust. Whenever used, the singuler shall include the plural and the plural the singular. The captions and headings of the
<br />sections of this �eed of Trust ere for convenience only and are not to be used to interpret or define the terms of this
<br />Deed of Trust. Tima is of the essence in this Deed of Trust.
<br />26. SUCC�SSOR TRUSTEE. Beneficiary, aT Beneficiary's option, may from time to time remove Trustee and appoint a
<br />successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded. The successor
<br />trustee, without conveyance of the Property, shall succeed to all the title, power and dutiss conferred upon the
<br />Trustee by this Deed of Trust and applicable law.
<br />(pa,ye 6 of 8)
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