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98- scz�oo
<br /> by owner's and operators of similar properties and as Beneficiary may require for its protection. Trustor will comply
<br /> with such other requirements as Beneficiary may from time to time request for the protection by insurance of the
<br /> interest of the respective parties. All insurance policies maintained pursuant to this Deed of Trust shall name Trustor
<br /> and Beneficiary as insured, as their respective interest may appear and provide that there shall be no cancellation or
<br /> modification without fifteen (15) days prior written notification to Trustee and Beneficiary. IN the event any policy
<br /> hereunder is not renewed on or before fifteen (15) days prior to its expiration date, Trustee or Beneficiary may procure
<br /> such insurance in accordance with the provisions of Paragraph 7. Trustor shall deliver to Beneficiary the original
<br /> policies of insurance and renewals thereof or copies of such policies and renewals thereof. Failure to furnish such
<br /> insurance by Trustor, or renewals as required hereunder, shall, at the option of Beneficiary, constitute a default. All
<br /> unearned premiums are hereby assigned to Trustee as additional security, and a sale and conveyance of the Property
<br /> by the Trustee shall operate to convey to the purchaser the Trustor's interest in and to all policies of insurance upon
<br /> the Trust Property.
<br /> 5. Taxes and Assessments. Trustor shall pay all taxes and special assessments levied or assessed against, or
<br /> due upon, the Property betore delinquency and will deliver to Beneficiary copies of receipts showing payment of such
<br /> taxes and special assessments.
<br /> 6. Additional Liens. Trustor shall make all payments of interest and principal, and payments of any other 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 date they are delinquent and to pay any other claim which
<br /> jeopardizes the security granted herein.
<br /> 7. Protection of Beneficiary's Security. Should Trustor fail to make any payment, faif to da any act as herein
<br /> provided or if any action or proceeding is commenced which materially affects Beneficiary's Interest in the Property,
<br /> including, but no limited to, eminent domain. Insolvency, arrangements or proceedings involving a bankrupt or
<br /> decedent, then Beneficiary or Trustee, but without obligation to do so, and without notice to or demand upon Trustor,
<br /> and without releasing Trustor from any obligation hereunder, may make or do the same, and may pay, purchase,
<br /> contest or compromise andy encumbrance, charge or lien, which in the judgement of either appears to affect said
<br /> Property; in exercising any such powers, the Beneficiary or Trustee may incur a liability and expend whatever amounts,
<br /> including disbursements of reasonable attorney's fees, which in their absolute discretion may be necessary. In the
<br /> event that Trustor shall fail to procure insurance, fail to pay taxes and special assessments or fail to make any
<br /> payments to existing or prior lien holders or beneficiaries, the Beneficiary may procure such insurance and make such
<br /> payments. All sums incurred or expended by Beneficiary or Trustee in accordance with the provisions of the Deed of
<br /> Trust are secured hereby and, without demand, shall be immediately due and payable by Trustor and shall bear interest
<br /> at the rate provided for advances under the Loan Agreement; provided, however, that at the option of the Beneficiary
<br /> or Trustee, such sums may be added to this principal balance of any indebtedness secured hereby and shall bear the
<br /> same interest as such indebtedness and shall be payable ratably over the remaining term thereof.
<br /> 8. Assignment of Rents. Beneficiary shall have the right, power and authority during the continuance of this Deed
<br /> of Trust to collect the rents, issues and profits of the Property and of any personal property located thereon with or
<br /> without taking possession of the Property affected hereby, and Trustor hereby absolutely and unconditionally assigns
<br /> all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to the Trustor's collection and
<br /> retention of such rents, issues and profits as they accrue and become payable so long as Trustor is not, at such time,
<br /> in default with respect to payment of any indebtedness secured hereby or in the pertormance of any agreement
<br /> hereunder. Upon any such default, Beneficiary may at any time, either in person, by agent or by a receiver to be
<br /> appointed by a court, without notice and without regard to the adequacy of any security for the indebtedness hereby
<br /> secured: (a) enter upon and take possession of the Property or any part thereof and in its own name sue for or
<br /> otherwise collect such rents, issues and profits, including those past due and unpaid, an apply the same, less costs
<br /> and expenses of operation and collection, including reasonable attorney fees, upon any indebtedness secured hereby
<br /> and in such order as Beneficiary may determine: (b) perform such acts of repair or protection as may be necessary or
<br /> proper to conserve the value of the Property: fc) lease the same or any part hereof for such rental term and upon such
<br /> conditions as its judgment may dictate. Unless Trustor and Beneficiary 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 installment
<br /> payments as provided in the Loan Agreement, and the application thereof as aforesaid shall not waive or cure any
<br /> default or notice of default hereunder or invalidate any act done pursuant to such notice. Trustor also assigns to
<br /> Beneficiary, as further security for the performance of the obligations secured hereby, all prepaid rents and all monies
<br /> which may have been or may hereafter be deposited with said Trustor by any lessee of the Property, to secure the
<br /> payment of any rent, and upon default in the performance of any of 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 /> Beneficiary 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 domain or similar action, or shall be sold under threat of condemnation, all awards, damages and proceeds
<br /> are hereby assigned and shall be paid to Beneficiary who shall apply such award, damages and proceeds to the sums
<br /> secured by the Deed of Trust, with the excess, if any, paid to the Trustor.
<br /> 10. Future Advances. The Loan Agreement provides for advances from time to time to Trustor by Beneficiary
<br /> as provided therein. In addition, upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance
<br /> of the Property to the Trustor, may make additional future advances to the Trustor. Such future advances, with
<br /> interest thereon, shall 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 secured 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. Remedies Cumulative. 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 exerci�'ed cohcurFently,
<br /> independently or successively.
<br /> 12. Acceleration; Remedies; Sale. A default shall exist in the event of:
<br /> (A) Any fraud or misrepresentation by the Trustor in connection with the line of credit which this Deed of Trust
<br /> secures;
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