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y� � <br />20�106231 <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in <br />good repair and condition, shall not commit waste or permit impairment or deterioration of the Properly, and shall <br />comply with the provisions of any lease if this Trust Deed is on a leasehold. No improvement, now or hereafter <br />erected upon the Property, shall be altered, removed, or demolished without the prior written consent of Beneficiary. <br />Trustor shall comply with all laws, ordinances, regulations, covenants, conditions, and restricrions affecting the <br />Property and not commit, suffer, or pemut any act to be done in or upon the Property in violation of any law, <br />ordinance, regulation, covenant, condition, or restriction. Trustor shall complete or restore, promptly and in good <br />workmanlike manner, any improvement on the Property which may be damaged or destroyed and pay, when due, all <br />claims for labor performed and materials fiunished therefor and for any alterations thereof. <br />4. INSURANCE. Trustor, at its expense, will maintain, with insurers approved by Beneficiary, <br />insurance with respect to the improvements and personal property, constituting the Property, against loss by fire, <br />lightning, tornado, and other perils and hazards covered by standard extended coverage indorsement, in an amount <br />equal to at least one hundred percent (100%) of the full replacement value thereof and insurance against such other <br />hazards and in such amounts as is customarily carried by owners and operators of similar properties. All insurance <br />policies maintained pursuant to this Trust Deed shall name Trustor and Beneficiary as insured, as their respective <br />interests may appear, and provide that there be no cancellation or modification without at least 15 days' prior written <br />notification to Trustee, and Beneficiary may procure such insurance in accordance with the provisions of paragraph <br />6 hereof. Trustor shall deliver to Beneficiary the original policies of insurance and renewals thereof or memo copies <br />of such policies and renewals thereof. Failure to fumish such insurance by Trustor or renewals as required <br />hereunder shall, at the option of Beneficiary, constitute a default. <br />5. TAXES, ASSESSMENTS, AND CHARGES. Trustor shall pay all taxes, assessments, and other <br />charges, including, without limitation, fines and impositions attributable to the Property and leasehold payments or <br />ground rents, if any, before the same become delinquent. Trustor shall promptly furnish to beneficiary all notices of <br />amounts due under this paragraph and, in the event Trustor shall make payment directly, Trustor shall promptly <br />furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be <br />levied upon Beneficiary's interest herein or upon this Trust Deed without regard to any law that may be enacted <br />imposing payment of the whole or any part thereof upon the Beneficiary. <br />6. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARY'S SECURITY. Trustor <br />shall make all payments of interest and principal and payments of any other charges, fees, and expenses contracted <br />to be paid to any e�sting or subsequent lienholder or beneficiary under any existing or subsequent mortgage or trust <br />deed before the date they are delinquent or in default, and promptly pay and discharge any and all other liens, <br />claims, or charges which may jeopardize the security granted herein. If Trustor fails to make any such payment or <br />fails to perform any of the covenants and agreements contained in this Trust Deed, or the Note referred to herein, or <br />in any prior or subsequent trust deed, or if any action or proceeding is commenced which materially affects <br />Beneficiary's interest in the Property, including, but not limited to, eminent domain proceedings, proceedings <br />involving a decedent, notice of sale by Trustee, notice of default by Trustee, trust deed foreclosure action, or if <br />Trustor fails to pay Trustor's debts generally as they become due, then Beneficiary, at Beneficiary's option and <br />without notice to or demand upon Trustor and without releasing Trustor from any obligation hereunder, may make <br />such appearances, disburse such sums, and take such action as is necessary to protect Beneficiary's interest, <br />including, but not limited to, disbursement of reasonable attomeys' fees, payment, purchase, contest, or compromise <br />of any encumbrance, charge, or lien, entry upon the Property to make repairs, or declaration of default under this <br />Trust Deed. In the event that Trustor shall fail to procure insurance or to pay taaces, assessments, or any other <br />charges or to make any payments to any existing or subsequent lienholders or existing or subsequent beneficiaries, <br />Beneficiary may procure such insurance and make such payment but shall not be obligated to do so. Any amounts <br />disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional indebtedness of Trustor secured by <br />this Trust Deed. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof <br />and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal <br />under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such <br />amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this Paragaph <br />6 shall require Beneficiary to incur any expense or take any action hereunder. <br />7. ASSIGNMENT OF RENTS. Beneficiary shall have the right, power, and authority during the <br />continuance of this Trust Deed to collect the rents, issues, and profits of the Property and of any personal property <br />located thereon with or without taking possession of the property affected hereby, and Trustor hereby absolutely and <br />unconditionally assigns all such rents, issues, and profits to Beneficiary. Beneficiary, however, hereby consents to <br />the Trustor's collection and retention of such rents, issues, and profits as they accrue and become payable so long as <br />Trustor is not, at such time, in default with respect to payment of any indebtedness secured hereby, or in the <br />performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, by <br />agent, or by a receiver to be appointed by a court, without notice and without regazd to the adequacy of any security <br />for the indebtedness hereby secured, (a) enter upon and take possession of the Property or any part thereof and, in its <br />own name sue, for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply <br />the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any <br />indebtedness secured hereby and in such order as Beneficiary may determine; (b) perform such acts of repair or <br />protection as may be necessary or proper to conserve the value of the Properiy; (c) lease the same or any part thereof <br />for such rental, term, and upon such conditions as its judgment may dictate, or terminate or adjust the terms and <br />conditions of existing leases. Unless Trustor and Beneficiary thereof agree otherwise in writing, any application of <br />rents, issues, or profits to any indebtedness secured hereby shall not extend or postpone the due date of the <br />installment payments as provided in said promissory note or change the amount of such installments. T'he entering <br />upon and taking possession of the Property, the collection of such rents, issues and profits, and the application <br />thereof as aforesaid shall not waive or cure any default or notice of default hereunder or invalidate any act done <br />pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of the <br />obligations secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited <br />