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<br /> ' L. Nocwithstanding any of the language containcd in this Dced of Trust to �hc contrary, ihe tcrms af this scction shall _ ..-J_
<br /> � survive any forcclosurc or sacisfaction of this Dced ol Trust rcgardlcss of any passagc of titic to Bcncficiary or any
<br /> i disposition by Beneficiary of any or all of thc Property. Any claims and dcfenses to the contrary are hcrcby waived. __
<br /> ' � 20.CONDEMNATION.Trustor will give Beneficiary prompt notice of any action, real or threa[ened, by priva�e or public
<br /> entities to purchase or take any or all af the Property, including any easements,[hrough condemnation, eminent doinain.
<br /> • or any other means. Trustor further agrees to notify Ben�Gciary of any procecdings institutcd for thc estahlishment of any _
<br /> I sewer, wacer, conservation, ditch, drainage, or other district relating to or binding upon [he Propeny or an�� pan of it. _,,�,'�'.
<br /> Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims and to collect '�_•�-
<br /> � and receive all sums resulting from the action or claim. Trustor assigns to Beneficiary the procecds of any award or claim __
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<br /> � for damages connected with a condemnacictn or other taking of all or any pan of the Property. Such proceeds shall be
<br /> � considered payments and will be applied as provided in[his Deed of Trusc. This assignment of proceeds is subject to the
<br /> I terms of any prior security agreement,
<br /> { 21.INSURANCE.Tn►stor agrces to maintain lnsurance as follows: -
<br /> • � A. Trustor shall kcep the Propeny insured against loss by firc, theft and other hazards and risks rcasonably associatcd ;, �
<br /> ' with:he Proper[y due to its type and location. Other h�ards and rusks may include, for�:xamplc, caverage against _
<br /> , loss due co floods or flooding. This insurance shall be maintained in the amounts and for the periods thac __
<br /> � Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor subjec� to
<br /> � Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage �k:�
<br /> i described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's righ[s in the �_._
<br /> Property according to the terms of this Deed of Trust. �
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<br /> 'j All i�isurance policies and renewals shall be acceptable co Benet`iciary and shall include a standard "mongage _
<br /> 1 clause" and, where applicable, "beneficiary loss payee clause." Trustor shall immediately notify Beneficiary of �
<br /> � cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If
<br /> Beneticiary requires, Trustor shall immediately give to Beneficiar�� all receipts of paid premiums and renewal _
<br /> +� notices. Upon loss,Trus[or shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may
<br /> ' make proof of loss if not made immediately by Trustor.
<br /> Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration or
<br /> repair of the Property damaged if the restoration or repair is economically fcasible and Beneficiary's security is not -
<br /> lessened.If the restoration or repair is not economically feasible or Beneficiary's security would be lessened, the �v-�
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<br /> insuranee proceeds shalt be appiied co che Secured Dcbt, wl�ether ar r�cc thcn due, �.�itl: ..n; _.._�ss pai� t�Truscor. ____-
<br /> If Trustor abandons the Propeny,or does not answer within 30 days a notice from Beneficiary that[he Insurance ����;_—
<br /> carrier has offered to settle a claim, [hen Beneficiary may collect the insurance proceeds. Beneficiary may use the �'�,'�����,E,°
<br /> proceeds to rcpair or res[ore the Property or to pay the Secured Debt whether or not then due. The 30-day period • � '~`
<br /> will begin when the notice is given. ,. �
<br /> Unless Beneficiary and Trustor otherwise agree in writing, any application of proceeds to principal shall noc extend
<br /> or postpone the due date of scheduled paymencs or change the amount of the payments. If the Property is acquired H,y;��:
<br /> by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from damage to[he Proper[y before
<br /> the acquisition shall pass to Beneficiary to the extent of che Secured Debt immediately before the acquisition, "��' �,w_
<br /> B. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional insured In _,��,,. _ _
<br /> an amoun[ acceptable to BeneCiciary, insuring against claims arising from any accident or occurrence in or on the .�;,.�'< —
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<br /> Property. '.�`;`:�,.
<br /> C. Trustor agrees to maincain rental loss or business interrup[ion insurance, as rPquired by Beneficiary, in an amount ; ��: `^
<br /> equal to at least coverage of one year's debt service, and required escrow account deposus(if agreed to separately _ _
<br /> in writing).under a form of policy acceptable to Beneficiary. - = - �
<br /> 22.NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise providcd in a separate agreement, Trustor will not �`�.�
<br /> be required to pay to Beneficiary funds for taxes and insurance in escrow.
<br /> 23.FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any '-���-�--��•
<br /> fint+ncial statement or tnformation BeneCiciary may deem necessary. Trustor warcants that all financial statements and ,_�•..�*��
<br /> information Trustor provides to Beneficiary are, or will be, accurate, correct, and complete. Trusror agrees to sign, -"'". ��••
<br /> Ideliver, and file as Beneficiary may reasonably request any addi[ional documents or certifications that Beneficiary may '��
<br /> � consider necessary to perfect, continuc,and preserve Trustor's obligations under this Dced of Trust and Beneficiary's lien
<br /> � status on the Property. If Trustor fails to do so, Bcneficiary may sign, deliver, and file such documents or certificates in
<br /> Trustor's name and Trustor hereby irrevocably appoints Beneficiary or Bencficiary's agcne as attorney in fact to do che
<br /> � things necessazy to comply with this section.
<br /> 24.JOINT AND INDIVIDUAL I.IABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS�OUND. All duties undcr
<br /> ►his Dced of Trusc arc joint and individual. If Trustor �igns this Dced of Trust but does not sign thc Evidence of Dcbt.
<br /> Trustor does so only to mortgage Trustor's interest in the Propeny co sccurc paymcn[ of the Secured Debt and Trusror
<br /> docs not agree to Uc personally liable on the Sccurcd Debt. Trustor agrees that Beneficiary and any party to this Dced of
<br /> Trust may extcnd, modify or makc any change in the terms of this Dced of Trust or the Evidence of Dcb[ without
<br /> 'Trustor's conscnt. Such a changc will not rcicasc Trustvr from thc terms of this Dced of Trust. T'hc dutics and benefits of �
<br /> this Dced of Trust shall bind and bcncfit thc succcssors and assigns of Trustor and Bcneficiary. i
<br /> If this Dced of Trust secures a guaranty bctwecn Beneficiary and Trustor:uid does not directly secure thc obligation which �
<br /> � .,���r�„��...i Trnctnr�oT��•c �n waive anv riLhts that mav prevent Beneficiary from bringing any action or claim against
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<br />� Trastor or any party indebted under the obligation includiiig,but not limitcd to, anti-deficiency or une-acuon iaws.
<br /> � 25. Al'YI,ICABI.E 1.AVV; SN;VI�:RABILI'I'Y; IN'I'ERPRF7'A7'IUN. This Dccd of Trust is govcmcd by thc laws of' the
<br /> jurisdiction in which BencCiciary is locatcd, except to the cxtent o�hcrw�is� reyuired by thc laws af the jurisdiction where .
<br /> the 1'roperty is locatcd. This Ucrd ot Trust is cumplctr and I'ully intcgrited.This Dced of Trust may not be amended or
<br />� modificd t>y oral agrcrnunt. Any scctiun cr clausc in this Dccd of Trust, attachmcnts, or any agrecmcnt rclatcd to thr
<br /> Sccumd Dcbt Uiat contlicts with applicablr law will not bc cffr�tivc, unlcss that law rxpressly ur impli�dly permiis thc
<br />_ variations by n�ritt�n a�rcrmcnt. If any scctiun or clausc of this Uccd ol Trust cannot bc cnforced according to its tcrms,
<br />- that scc�ion ur �lausc will bc sevcrcd and will not affcct thc rnfvrccabilily of thc rcmaindcr uf this Dccd of 'I'rust.
<br />- Whrnrvcr useJ, thc sin�ular shall includc�hc plural and Ihc plural ih� singular. �Chc t;.�ptions and hradings c�f thc scctions
<br /> of this Urcd ol"l'rust arc fur cum•rnirncc�ml��and arc nui t��h�uuJ tc� intrrprct ur definc tttc icrms uf this Dccd uf"1'rust.
<br /> _ "Pitnc is of th<<sscn�c in this I)�rd of'l�rust. n�yo�o��
<br /> :�791 U.��n��.tiy,��,o�._i,�,.S: Ciwd.tdN 1� tlU.`J7i:Jsn iu�m nG CO UT NE 9 1 J 9G - �---- --—
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