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:r�v;�.!r.-�•.. "". <br /> _-i•,- <br /> 98-it7109� <br /> by owner's end operators of similar propertiea and as Beneficiary may require for its protectian. 7rustar will comply _ <br /> with such other requirements es Beneficiary may from time tn time request for the protection by insurance of the • _ <br /> Intarest of the resper.tive parties. All insurence policies maintai ned pursuant to this Oeed of Trust ahall neme Trustor ` <br /> and Beneficlary as Insured, as thelr respective Interest mey appear end provide that there shall be no cenceilation or , , <br /> modification without fifteen (15)days prior written notificetlon to Trustee and Beneficiary. IN the event any policy . <br /> hereunder Is not renewed on or before fifteen (16)deys prlor to ite expiration date,Trustee or Beneficiary may procure ' <br /> such insurance in accordance wlth the provisions of Paregraph 7. Trustor shall deliver to Beneficiary the originel • <br /> policles of insurance and renewals thereof or copies of such policfes and renewals tl�ereof. Failure to furnish such � . . <br /> insurance by Trustor, or renewets as required hAreunder, shall, at the option of Beneficiary, constitute a defauit. All ���� <br /> ..,,�;,..:.:.••.� <br /> .a�i�'•' :;.41`�. <br /> unearned premiums are hereby assigned to Trustee as additional security, and a sale and conveyance of tho Property •�,.: • ::.�s._ <br /> . r`,^..t_y, <br /> by the Trustee shall operate to convey to the purchaser the Trustor's Mterest in and to all policies of insurance upon _;. F�.�t;�.fi'___ <br /> the Trust Property. � �'�� <br /> .��':�� '�,�"�----_ <br /> 6. Texea and Aseeasmenta. Trustor shall pey eU taxes and s ecial assessments levied or assessed against, or 1 ��`�-- � <br /> due upon,the Property before delinquency and will deliver to Benefciary copies of receipts showing payment of such '.r'�i�-"_ -�- <br /> taxes a�d speciel assessments. <br /> � 8. Additional Liena. Trustor ahall make all payments of interest and principal,end peyments of any othar charges, -- <br /> fees, and expenses contracted to be paid to any existing lien holders or prior beneficiaries under any prior Deed of `<<�� <br /> � Trust, Mortgage or other security agreement, before the dete they ere delinquent and to pay any other claim which , ;;��� <br /> r Jeopardizes the security grented herein. �"��- <br /> 7. Proteation of Beneflciery's Sacurity. Should Trustor fail to make any payment, fail to da any ect as herein '`� <br /> provided or if any action or proceeding is commenced which materially effects 8eneficfery's Interest in the Property, <br /> including, but no iimited to, aminent domain. Insolvency, errangements or proceedings involving a bankrupt or � <br /> � decedent,then Beneficfary or Trustee,but without obligation to do so, and without notice to or demand upon Trustor, _ <br /> �� and without releasing Trustor from any obiigation hereunder, mey make or do the seme, and rnay pay, purchase, , . <br /> contest or compromise andy encumbrance, charge or Ifen, wFiich in the judgement of either eppears to affect said <br /> � Property;in exeraising any such powers,the Beneficiery or Trustee rnay incur a liability and expend whatever amounts, � <br /> including disbursements of reasoneble attorney's fees, which in their absolute discretion may be necossary. In the <br /> � event that Trustor shall fail to procure Insurance, feil to pay texes and special assessmenta or fail to make any �" <br /> payments to exfsting or prior lien holders or beneficisries, the Benef(cfary may procure such insurance end meke such ��,:�� 'x� <br /> peyments. All sums incurred or expended by Beneficiary or Trustee in accordance with the provisfons of the Deed of "y'"�r <br /> 7rust a�e secured hereby and,without demend,shall be immediately due end payable by Trustor and shal�bear Interest •,;h�� _ � <br /> � et the rate provided for advances under the Loan Agreement;provided, however,that at the option of the Beneficiary ; ' C:'- <br /> � or Trustee, such sums may be added to this principal balance of any indebtedness secured hereby and shall bear the ��. <br /> 1 same interest as such indebtedness and shall be payable ratably over the remafning term thereof. �' p,: <br /> 8. Asstgnment of Rents. Beneficlary shall have the right,powerand authority during the continuance of this Deed y _ <br /> of Trust to collect the rents, issues end profits of the Property and of any personel property located thereon with or •;� <br /> w(thout taking possesslon of the Property affected hereby,and Trustor hereby ebsolutely end unconditional�y essigns <br /> all such renta,issues and profits to Beneficiary. Beneficiary, however, hereby oonsents to the Trustor's collection and 'F:,�i <br /> retention of such rents, issues and profits es they accrue and becorne payable so long as Trustor Is not,at such time, ' <br /> in default with respect to payrnent of any indebtedness secured hereby or In the performance of any agreement -°'°'�''����� <br /> hereunder. Upon any such default, Beneficiery may at any time, either in person, by agent or by a receiver to be " __ � <br /> appointed by a court,without notice and without regerd to the adequacy of any security for the indebtedness hereby =-�_ <br /> ���_-- <br /> I , secured: le) enter upon and take possession of the Property or any part thereof and in its own name sue for or __---_ <br /> � otherwise collect auch rents, issues and profits, including those past due and unpaid,en apply the same, less costs �Y <br /> and expenses of operation and collectfon,including reasonable attomey fees, upon any indebtedness secured hereby =�- <br /> � end in such order as Beneficiary may determine: (b) perform such acts of repair or protection as may be necessery or � � l�` . <br /> .:;`�,'.�_ <br /> � proper to conserve the value of the Property: (c) lease the same or any part hereof for such rental term and upon such :, ��,y°�-�� <br /> � conditions as its judgment may dictate. Unless Trustor and Beneficlary agree otherwise in writfng,any application of _.�=:�=�--.'�`- <br /> � rents,issues or profits to eny indebtedness secured hereby shal l not extend or postpone the due date of the inatallrnent "�,F-.- <br /> i payments as provided in the Loan Agreement, end the application thereof as aforesafd shall not waive or cure eny I .'�C^�� : <br /> ' default or notice of defauit hereunder or invalfdate any act done pursuant to such notice. Trustor also assigns to �„���'"A��� <br /> j Beneficfary,as further security for the performance of the obligations securod hereby,all prepaid rents and all monias � . <br /> � which rney heve been or may hereafter be deposited with seid Trustor by any lessee of the Property, to secure the �� ��•� � <br /> payment of any rent, and upon default �n the parformance of any oi the provisions hereof, Trustor agrees to deliver <br /> such rents and deposits to the Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted . <br /> herein to any tenant occupying said premises shall be sufficient to require said tenant to pay said rent to the <br /> Beneficfary until further notice. <br /> 9. Condemnation. If title to any part of the Property shall be taken in condemnation proceedings, by right of ' <br /> eminent domafn or similor action,or shell be sold under threat of condemnation, ell awards, dameges and proceeds <br /> are horoby assigned and shali be peid to Beneficiary who shall apply such award,demages and proceeds to the sums <br /> secured by the Deed of Trust, with the excess, if any, paid to the Trustor. <br /> 1U. Future Advances. The Loan Agreement provides for advances from time to time to Trustor by Beneficiary <br /> ' as provided therein. In eddition,upon request of Trustor, Beneficiary, at Beneticiary's option,prior to reconveyance , <br /> of the Property to the Trustor, may meke additional future advances to the Trustor. Such future advances, with � <br /> interest thereon, shali be secured by this Deed of Trust when evidenced by promissory notes stating that said notes <br /> are secured hereby; provided that at no time shall the securdd principal and future advances, not including sums <br /> advanced to protect the security, exceed one hundred percent (100%) of the original principal amounts secured . <br /> hereby. <br /> 11 . Remedles Cumulativo. All remedies provided in this Deed of Trust are distinct and cumulative to any other <br /> : right or remedy under this Deed of Trust or afforded by law or equity, and may be exerc�sed 'oon�urrently, <br /> independently or successively. <br /> 12. Acceleration; Remediea;Sale. A default shall exist in the event of: <br /> (A1 Any fraud or misrepresentation by the Trustor in connection with the line of credit which this Deed of Trust <br /> serures; <br /> .• 9194 408�2 <br />