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�. �o keep the improvements now or hereafter located on the property insured against damage by fire a d�fi"oiit�lra�ds as <br /> tlie Beneficiary may require, in amounts and companies acceptable to the Beneficiary, Such insurance policy shall contain a standard <br /> �mortgage clause in favor of Beneficiary. Trustor shall promptly repair, maintain and replace the property or any part thereof, so <br /> that, e�cept for ordinary wear and tear,the property shall not deteriorate. <br /> 5. In the event the property, or any part thereof, shall be taken by eminent domain, the Beneficiary is entitled to collect and <br /> recei��e all compensation which may be paid for any property taken or for damages to property not taken, and the Beneficiary shall <br /> apply such compensation, at its option, either to a reduction of the indebtedness secured hereby, or to repair and restore the property <br /> so taken. <br /> 6. The Beneficiary may, but shall have no obligation to, do any act which Trustors have agreed but failed to do, and the <br /> Beneficiacy may also do any act it deems necessary to protect the lien hereof. Trustors agree to repay, upon demand, any sums so <br /> e�pended by the Beneficiary for the above purposes,and any sum so expended shall be added to the indebtedness secured hereby and <br /> become secured by the lien hereof. The Beneficiary shall no incur any liability because of anything it may do or omit to do <br /> hereunder. <br /> 7. The Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, <br /> issues and profits of the property and of any personal property located thereon with or without taking possession of the property <br /> affected hereby, and Trustors hereby absolutely and unconditionally assign all such rents, issues and profits to the beneficiary. The <br /> beneficiary. however, hereby consents to Trustors' collection and retention of such rents, issues and profits, so long as Trustors are <br /> not, at such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement <br /> hereunder. If any event of default described hereafter in respect to this Deed of Trust shall have occurred and be continuing, the <br /> Beneficiary, as a matter of right and without notice to Trustors or anyone claiming under Trustors,and without regard to the value of <br /> the trust estate or the interest of the Trustors therein, shall have the right to apply to any court having jurisdiction to appoint a <br /> receiver of the property. <br /> 8. The Beneficiary, or its agents, are autliorized to enter at any reasonable time upon or in any part of the property for the <br /> purpose of inspecting the same and for the purpose of pedorming any of the acts they are authorized to perform under the terms of <br /> any�loan instruments executed by Trusrors. <br /> 9. If all or any part of the property or any interest of Trustors is sold, transfened or further encumbered without the written <br /> consent of the Beneficiary, the Beneficiarv may declare all sums secured by this Trust Deed to be immediately due and payable and <br /> proceed to the remedies available to it under the default provisions contained herein. <br /> 10. Any of the following events shall be deemed an event of default hereunder: <br /> a. Trustors shall have failed to make payment of any installment of principal or interest or any other sums secured hereby wlien <br /> due; <br /> b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or <br /> warranty contained in this Deed of Trust, the note or any other loan instniment secured hereby; <br /> c. There has been a default by the Trustors in the payment of any prior or subsequent lien or encumbrance in respect to all or any <br /> part of the property; <br /> d. Tnistors shall fi(e a voluntary petition in bankruptcy or shall be adjudicated banlcrupt or insolvent, or shall make an <br /> assignment for the benefit of creditors in respect to the property; or an action to enforce any lien or encumbrance or judgments <br /> against the property is commenced. <br /> 11. In the event of any default, tlie Beneficiary may declare all indebtedness secured hereby to be due and payable and the same <br /> shall thereupon become due and payable without any presentment,demand,protest or notice of any kind. Thereafter,the Beneficiary <br /> ma��: <br /> a. either in person or by agent, with or �vithout bringing any action or proceeding, or by receiver appointed by a court and <br /> without regard to the adequacy of any security, enter upon and take possession of the property, or any pari thereof, in its own <br /> name or in the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the value, <br /> marketabiliri� or rentability of the property, or part thereof, or interest therein, increase the income therefrom or protect the <br /> security hereof and. without taking possession of the property, sue for or otlierwise collect the rents, issues and profits thereof, <br /> including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including <br /> attorney fees. upon an}� indebtedness secured hereby, all in such order as tlie Beneficiary may determine. Tlie entering upon <br /> and taking possession of the trust estate, the collection of such rents, issues and profits and application thereof as aforesaid <br /> shall not ci�re or waive any default or notice of default hereunder or im�alidate any act and in response to such default or <br /> pursuant to such notice of default and notwithstanding the continuance in possession of the property or the collection, receipt <br /> and application of rents. issues or profits, Trustee or the Beneficiary may be entitled to exercise every riglrt provided for in any <br /> of the loan instruments or by law upon occurrence of any event of default, including the right to eaercise the power of sale; <br /> b. commence an action ro foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the <br /> co�•enants hereof; <br /> c. deliver to Trustee a written declaration of default and demand for sale, and written notice of default and election to cause <br /> Trustors' interest in the property to be sold, which notice Trustee shall cause to be duly filed for record in the official records <br /> of the count��in���hich the property is located. <br /> 12. Should the Beneficiary elect to foreclose by etercise of the power of sale herein contained, the Beneficiary shall notify Trustee <br /> and shail deposit �i�ith Tn�stee this Deed of Trust and the note and such receipts and evidence of expenditures made and securcd <br /> hereby as Tn►stee may require, and upon request of the Beneficiaiy�, the Trustee shall cause to be recorded, published and delivered <br /> to Tn�stor sucl� Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall without demand <br /> on Trustor. after such time as may then be required by law and afier recordation of such Notice of Default and after Notice of Sale <br /> ha�•ing been given as required by law, sell the property at the time and place of sale fixed by it in such Notice of Sale, either as a <br /> «hole, or in separate lots or parcels or items as Trustee shall deem expedie�rt, and in sucl� order as it may determine, at public <br /> auction to the liighest bidder for cash and sliall deliver to such purchaser or purchasers thereof a deed to the property sold, consistent <br /> n ith the la���then in ef�'ect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br /> Tnistee shall appi��the proceeds of the sale in the following order: (a)to all reasonable costs and expenses of the sale, including but <br /> not limited to Trustee's fees of not more than 2%of the gross sale price, reasonable attorney fees and costs of title evidence; (b)to all <br /> sums secured by tliis Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, <br /> including the Beneficiary. may purchase said property at said sale. Trustee may in the manner provided by law, postpone sale of all <br /> or any portion of the property. <br /> 13. Trustee and the Beneficiary, and each of them, shall be entided to enforce payment and performance of any indebtedness or <br /> obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other <br /> agreement or any la�vs nor or hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereby <br /> «•hich may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. <br /> . <br /> Neither the acceptance of this Deed of Trust nor its enforcement wherhPr h�rnnrt artinn „r,,,,r�...,.,. .,. .,... ____.__ _�__,_ __ _.. <br />