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_ _ , . , �:. . 'i _ '.. .--._._ . . . . . . "._L . . ____ �. . ._ _..-.- 7 ..._ .. =`�`-. ._ 'S �,-� _—T_ — � 97,� ��6 � - — :— — , _ � .., . � ; . �� - ; by owner's and operators of simitar properties and as�eneficiary mey require for its protection. Trustor will camply � :- � with such other requirements es Beneficiary may from time to time request for the protection by insurance of the ; � ' �,F ; interost of the respective parties. All insuranco paiicies maintained pursuant to this Deed ot Trust shall name Trustor � a=_ � j and Beneficiery as insured,as their respective interest may appear and ptovide that there shall be no cancellation or �� . ``. ; modificatian without fi4teen (15) days prior written notification to Trustee end Beneficiary. IN the event any policy � �: � hereunder is not renewed on or before fifteen i 151 days prior to its expiration dete,Trustee or Beneficiary may procure . . • � - • i such insurence in accordance with the provisions of Paragraph 7. Trustor shall detiver to Beneficiary the original . . ; policies of insurance and renewals ihereof or copies of such policies and renewals thereof. Failure to furnish such , . insurance by Trustor, ot renewais as required heraunder,shalf, at the opYion of Beneficiary, constitute s default. All – - – -- - unesrned premiums are heraby assign�d to Trustee as additional security, and a sale and conveyance of the Property t . � by the Trustee shall operate to convey to the purchaser the Trustor's interest in and to all policies of insurance upon • the TrusY Property. i•, . � : . . 5. Taxes end Assessments. Trustor shall pay aU taxes and special assessments levied or assessed against, or • � , due upon,the Property before delinquency and will deliver to 8eneficiary copies of receipts showing payment of such � �'• • �.� � . �..�`.=r ' taxes and specia!assessments. � •'• t�:.�.!�""'�� �� 6. Additto»s!L3ens. Trustor shall make all payments of interest and principal,and payments of any other charges, � _ � fees, and expenses contracted to b�paid to any existing lien holders or prior beneficiaries under any prior Deed of ' . .- =��= �� + Trust, Mortgege or other security agreement, before the date they are delinquent and to pay any other claim which , . �,;,�.:;�-�� jeopardizes the security granted herein. �`�.r;;;,;7�'� 7. Peotection o# Beneftciary's Security. Shoutd Trustor fail to make any payment, fail to da any act as herein � . •� ..-=— provided or if any action or p�oceeding is commenced which materiafly affects Beneficiary's Interest in the Property, • • • , �� • . . - ?�d�� including, but no limited to, eminent domain. Insolvency, arrangements or proceedir.gs involving a bankrupt or . ` . •_ 1, decedent,then Beneficiary or Trustee,but withoui obligation to do so,and without notice ta or demand upon Trustor, � "•_�--�r• . � and without releasing Trustor from any obligation hereunder, may make or do the same, and may pay, purchase, • � contest or corripromise andy encumbrance, charge or lien, which in the judgement of either appears to affect s8id . F . .`�,�••_r�. : � Property;in exercising any such powers,the Bsneficiary or Trustee may incur a liability and expend whatever amounts, � • �� � ! including disbursements of reasonable attorney's fees, which in their absolute discretion may be necessary. In the `,`� � event that Trustor shall fail to procure insurance, fail to pay taxes and speciat assessments or fail to make any ; f: -. ., �� � payments to existing or prior lien halders or beneficiaries,the�eneficiary may procure such insurance and make such . � ;,:. '� payments. Alt sums incurred or expended by Beneficiary or Trustea in accordance with the provisions of the Deed of � .� _ ; = � Trust are secured hereb y and, without demand,shall be immediately due and payable by Trustor and shall bear interest , � • ' `<` " at the rate provided for advances under the Loan Agreement; provided,however,that at the option of the Beneficiary ;_ �.:•,:. ; :=�:..� or Trustee,such sums may be added to this principal bafance of any indebtedness secured hereby and shall bear the � '�( :; - - same interest as such indebtedness and shall be payable ratably over the reenaining term thereof. � � � y 8. Asslgrunent of Rents. Beneficiary shall have the right,power and authority during the continuance of this Deed `�"'�`� ' •`�E .,� � of Trust to coltect the rents, issues and profits of the Property and of any carsonal property located thareon with or ��,,, .. i�:�__ -� without taking possession of the Property affected hereby,and Trustor hereby absolutely and unconditionally assigns �°-�� . s. • i_::`. , :, all such rents,issues and profits to Beneficiary. Beneficiary,however,hereby consents to the Trustor's collection and r �+ „a,a.- - �� retention of such rents,issuss and profits as they accrue and become payable so long as Trustor is not, at such time, �� '�� � in default with respect to payment of any indebiedness secured hereby or in the performance of any agreement +� �� hereurtder. U on an such default, Beneficia ma at an time, either in erson, by a ent or b a receiver to be ;�' ''�� +� P Y rY Y Y P 9 Y : ��►;�. � appointed by a court,without notice and without regard to the adequacy of any security for the indebtedness hereby °"' � securad: Ia) enter u on and take ossession of the Pro e -'rT'�,.�� — p p p rty or any part thereof and in its own name sue for or �s ° �; otherwise coUect such rents, issues and profits,includir�g those past due and unpaid,an apply the same, less costs ��'' 7�� and expenses of operation and collection, including reasonabte attorney fees,upon any indebtedness secured hereby � '��.�'r ��.�:_ — `• and in such order as Beneficiary may det�rmine: (b}perform such acts of repair or protection as may be necessary or �'�� �_,.,�.�: ��I proper to conserve the value of the Property: (c)lease the same or any part hereof for such rental term and upon such `��,-r-�-•-s-, conditions as its judgment may dictate. Unless Trustor and Beneficiary agree otherwise in writing,any application of � � ��i=� � rents,issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the installment a ' 4"��`��--- �.:s��._..� ',.. payments as provided in the Loan Agreement, and the application thereof as aforesaid shall not waive or cure any -.�:.:,...� ,. : default or nptice of default hereunder or invalidate any act dane pursuant to such notice. Trustor also essigns to ��r.. •�;. Beneficiary,as further security for the performance of the obligations secured hereby,afl prepaid rents and all monies � . . which may have been or may hereafter be deposited with said Trustor by any lessee of the Prope�ty, to secure the �:. � . � ' ' � � — � payment of any rent, and upon default in the performance of any of the provisions hereof,Trustor agrees to deliver � '' - ,• such rents and deposits to the Beneficiary. Delivery of written notice of Beneficiary's exarcise of the rights granted - herein to any tenant occupying said premises shall be sufficient to require said tenant to pay said rent to the ' . . �, Beneficiary until further notice. • . ,. 9. Condemnation. If title to any part of the Property shali be taken in condemnation proceedings, by right of � ,. , .� eminent domain or similar actlon, or shafl be sold under threat of condemnation, all awards,damages and proceeds • • : — . are hereby assigned and shail be paid to Benefic.iary who sl�aii app:; such a•�nrard,damages and proceeds to the sums . � � secured by the Deed of T�ust, with the excess, if any, paid to the Trustor. �.- 10. Future Advances. The 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 Trustor, may make additional future advances to the Trustor. Such future advances, with f � • ____ interest thereon,shall be secured by this Deed of Trust when evidenced by promissory notes stating that said notes ! � � , are secured hereby; provided that at no time shall the secured principal and future advances, not including sums advanced to protect the security, excesd one hundred percent 1100%1 of the original principal emounts secured �• � � � hereby. f . _ 19. RemedJes Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other � � right or remedy under this Deed of Trust or affotded by law or equity, and may be exercised concurrently, � � ' independently or successively. w , , t_ � � �'`' . ! 12. Accelera4iom; Remedies; Sale. A default shall exist in the event af: ' � �^'� t . • — iIA) Any fraud or misrepresentation by the Trustor in connection with the tine of credit which this Deed of Trust ; � �. 1 secures: 1 �' � � - -- ------......_ _-- 1 . � �_- � • 9/94 408-2 t � �. , ., • : �.,- � - • - � . -—_. . . . ----� - . . ---^—�_'`--"...:,.......�.. . . . � . ' .. - . . . .' ' _ . _ - -. .. . � - .. . ' . . - . . � . � � _ . � . .. " .. .. . .• • - , ' ' . ' . • ' .. • s.� . , -- � . � . r. ,. . _: .. , _ . � , .. ' ' . . . . . . . . .. , . . '.. ��. . . , .. . . .� ., • . - , . . _... -- `� . _ . , , . . . ,. _ . ... i� .. .. . •� . .. • . � � . . ._ . . .. .. , .... � . . � .. . . . . • - � _ -� . .