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. :i1,T.3� ., . �' _ i,',' ...y��?F � .. . . .. . .� . g$--s<�1oss by owner's and operetors of similar propertles and as Benefiaiery may roquire for fts protectlon. Truator will comply with suah other requirements es Beneficiary mey from time to time request for the protection by insurance of the _ interest of the respeGtive parties. All Insurance policiea mainteined pursuant to this Deed of Trust shall name Trustor r , and Beneficiary as insured, as thelr respective Interest may appear and provfde that there shall be no cancellatfon or modificetion without flfteen (15) days prlor written notificatfon to Trustee and Beneficiary. IN the event any policy � '� hereunder is not renewed on or before fifteen 116)days prfor to its expi�atfon date,Trustee or Beneficiary may procure , I such insurance in accordence wishi�eeoi orscopl sfofasuch pollciesTandt�e ehwiais chereof. Failur�eito fumi hisuch ' . policies oi insurance end renewa insurance by Trustor, or renewals as requlred hereunder,shall, et the option of Beneficiary, constitute a detault. A I uneerned premlums are hereby essigned to Trustes as addltlonel security, and a sale and conveyence of the Property � by the Trustee shall operate to convey to the purchaser the Trustor's interest in and to all policies of insurance upon •,.. � the Trust Property. 9 � _ :.,�`�: ;:•° � fi. Taxes end Assessmenta. Trustor shall pay all tsxes end special assessments levied or assessed e ainst, or •-:t�,^�- �r.�::�tm�.��•��. I due upon,the Property before delinquency and wiil deliver to Beneficiery copies of receipts showing payment of such _�� — taxes and speclai assessments. ._-_- 6. Add(tiona�l Llena. Trustor shall make all payments of interest and principal,and payments of any other charges, •, fees, and exqenses contracted to be pai Bn� befo e the date t ey are del�inqu nt anidi to pay any othepclalm whi h ,.: �_ Trust, Mortgage or other security agreem , f�� -i Jeopardizes the security granted herein. �! 7. Proteation of Benefiniery's Seaurity. Should Trustor fafl to make eny payment,fail to de any act as herefn '� provided or if any action or proceeding Is commenced whlch matoriaily effecta Benefictary's Interest in the Property, �:, including, but no Iimited to, eminent domain. Insolvency, arrangements or proceedings Invoiving a bankrupt or decedent,then Benoficfary or Trustee, but without obligation to do so,and without notice to or demand upon Trustor, — and without releasing 7rustor from any obligetion hereunder, may make or do the seme, and may pay, purchese, contest or compromise andy encumbranca, cherge or lien, which in the judgement of either appears to effect said . - �� Pro p e rt y;i n e x e r ci sin g an y such powers,the Beneficiary or Trustee may incur a pebility and expend whatever amounts, :1 — �'�I inctuding disbursements of reasanable attorney's fees, which in the ir a bso lu te d isc re t i o n m e y b e n e c e s s ar y. In the event that Trustor shall fail to procure insurence, feil to pay taxes and specfal assessments or fefl to make any ,., � �_ � 3 I payments to existing or prior lien holders or beneficiaries,the Beneficiary may procure such insurence and make such ,.�. �* �� payments. A l l su m s i n c u r r e d o r e x pended b y Beneficiery or Trustee in accordance with the provisions of the Deed of �� Truat are secured hereby and,without demand,shell be immedlately due and payable by Trustor an d s ha l l b e a r i n t e r e s t �ki, � ::; �� ;!'- at the rate provided for edvences under the Luan Agra:.ment;prQ�idw�,however, thet at the optlon of the Beneficiery ��i or Truotee, such sums may be added to this principal balence of any Indebtedness secured hereby end shall bear the �`;_ � Y: sema interest as such indebtedness and shail be payable ratebly over the remaining term thereof. ,+ _ S. Aaatgnment of Rente. Beneficiery shall have the right,power and authority during the continuance of this Daed of Trust to collect the rents, issues and P effect dtherebyp and Trustor hereb r absolutelyeandlunco dithonally sis gns k without teking possessfon of the Property Y j- � all auch rents,Issues and profits to Beneficiary. Beneficiery,however,hereby consents to the Trustor's collectlon and �i • retention of such rents,issues and profits as they accrua and become payable so long as Trustor is not,at such time, in dafeutt with respect to payment of any indebtedness sacured hereby or in the b�rao9r nin�ce�Oyfe ceiveret ebe ��—� ! I hereunder. Upon any such defeult, Beneficiary may at eny�time, efther in person, __ • ; eppointed by a court,without notice and without regerd to the adeyuecy of any security for the indebtedness hereby !�� secured: (al enter upun and take possession of the Property or any part thereof and In its own name sue for or j� otherwise collect such rents, issues and profits, including those past due and unpaid,an apply the same,less costs :-,�-- � ?j and expenses of operation and collection,including reasonabte attorney fees,upon any indebtedness secured hereby . : I and in such order as Beneficiary may determine: lb)perform such acts of repeir or protection as mey be necescary or �_,__ � :j proper to conserve the value of the Property:(c1 lease the seme or any part hereof for such rentel term and cation of .,�;�-- conditions as its Judgment may dictate. Unless Trustor end Beneficiary agree otherwise In wrlting,any app ^1 _� 1 rents,issues or profits to any indebtedness secured hereby she�l not extend or postponethe due date of tha instellmant µ_— _ • payments as provided in the Loan Agreement, and the applicetion thereof as eforesaid shall not wafve or cure any -• default or notice of defeuit hereunder or invalidate any ect done pursuant to such notfce. Trustor also assigns to �+� ' .� i iar as further security for the performance of the obligations secured hereby,all prepaid rents ato securenthe . .�'p��°��i Benef c Y, , ._•;�-� ;- � I whiah may have been or may hereafte�r be deposited with setd 7rustor by any lessee of the roperty ,�a..� ,� payment of any rent,and upon default in the performance of any of the provisions hereof, 7rustor agrees to deliver °r�,F r"� •�� ' such rents end deposits to tPhe Besaid ipremis�esi shall be suff cfenti to�equfrefiseid ten ntctoepey seidghentgtonthe • jherein to any tenant occu ying "�" � Beneficiary until further notice. { 9. Condemnatlon. If title to eny part of the Property shall bt�teken in condernnation proceedings, by right of eminent domein or similar action, or shall be sold under threat of condemnation,all awards,damages and proceeds �, are hereby assigned and shall be paid to Beneficiary who shall apply such award,damagos and proceeds to the sums socured by the Deed of Trust, with the excess, if any,paid to the Trustor. 10. Future Advancea. 1'he Loan Agreement provides for advances from time to time to Trustor by Beneficiary as provided therein. In addition, upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance of the Property to the TruFtor, may make additional future advances to the Trustor. Such future advances, with � interest thereon, shall be secured by this Deed o�T�u�t when.�e�ide nr3nab and fu ureradvances�nog i cluding sums i are sacured hereby: provided tnat ai �w ��o o��• •�•� ----•-- • � � advanced to protect the security, exceed one hundred percent (100%) uf the original principal amounts secured i hereby. 11. Remedies Cumulative. All remedies providAd in this Deed of Trust are distinct end cumulative to ?nY other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or succvssively. 12. Acceleration; Remedies; Sale. A default shall exist in the event of: IA) Any treud or misrepresentation by the 7rustor in connection with the line of credit which this Deed of Trust securos; . • aos�2 9�94 ' --__ _ -1 _ _ _ -- -- - _