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<br /> 7. T1�e Beneficiary shall have the right, power and authority during the continuance of this �d���� collect the rents,
<br /> i;;sues and profits of the property and of any personal property located thereon with or without taking possession of the property
<br /> affected hereb}�, 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 /> }iereunder. If anv 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 authorized 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 performing any of the acts they are authorized to perform under the terms of
<br /> any�loan instruments erecuted by Trustors.
<br /> 9. If all or any part of the property or any interest of Trustors is sold, transferred or further encumbered without the written
<br /> consent of the Beneficiary, the Beneficiary 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. Am�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 hereb}�wi�en
<br /> due:
<br /> b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or
<br /> wananty 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. Trustors shall file a voluntary petition in bankniptcy or shall be adjudicated banknipt or insolven[, 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, the Beneficiary may declare all indebtedness secured hereby to be due and payable and the same
<br /> sliall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Tliereafter,the Beneficiary
<br /> mav:
<br /> a. either in person or by agent, with or without 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 part thereof, in iis own
<br /> name or in the name of the Trustee, and do any acts which it deems necessary and desirable io preserve the value,
<br /> marketability 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 otherwise 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 /> attorne}�fees, upon any indebtedness secured hereby, all in such order as the Beneficiary may determine. The 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 cure or �vaive any default or notice of default hereunder or invalidate 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 tl�e Beneficiary may be entitled to exercise every right provided for in any
<br /> of the loan instruments or by law upon occurrence of any event of default, including the right to esercise the power of sale;
<br /> b. commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br /> covenants hereof;
<br /> c. deli��er ro Trustee a written declaration of default and demand for sale, and written notice of default and election to cause
<br /> Trusiors' interest in the property to be sold, which notice Trustee shall cause to be duly filed for record in the officia! records
<br /> of the county in which the propertV is located.
<br /> 12. Should the Beneficiary elect ro foreclose by exercise of tlie power of sale herein contained,the Beneficiary shall notify Tn�slee
<br /> and shall deposit �vith Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured
<br /> hereb�� as Tnistee may� require, and upon request of the Beneficiary, the Trustee shall cause to be recorded, published and delivered
<br /> to Tnistor such 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 after 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 /> �vhole, or in separate lots or parcels or items as Trustee shall deem expedient, and in sudi order as it may determine, at public
<br /> auction to the highest bidder for cash and shall deliver to such purchaser or purchasers thereof a deed to the property sold, consistent
<br /> with the la�r�then in effect. Recilals in ihe Trustee's deed shall be prima facie evidence of the truth of the statemenis made therein.
<br /> Trustee shall apply 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 this Deed of Trust; and (c) the excess, if any, ro 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 Uie properi}�.
<br /> 13. Trustee and the Beneficiary, and each of them, shall be entitled to enforce payuient and perfonnance of any indebtedness or
<br /> obligation secured hereby and to exercise all rights and powers under ihis Deed of Trust or under any loan instrumenl or other
<br /> agreement or any laws nor or hereafier enforced notw�ithstanding some or all of the indebtedness and obligations secured hereby
<br /> �vhich ma�� now or hereafter be othervvise secured, whether by mortgage, deed of trusl, pledge. lien, assignment or othenvise.
<br /> Neither the acceptance of this Deed of Tnist nor its enforcement, whether by court action or pursuant to the power of sale or other
<br /> po���ers herein contained, shall prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce an��
<br /> other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary, and each of
<br /> them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in
<br /> sucl� order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee
<br /> or Beneficiary� is intended to be e�clusive of any other remedy herein or by law provided or permitted, but each shall be cumulative
<br /> and shall be in addition to every other remedy given hereunder or now or hereafter esisting at law or equity or by statute. Every
<br /> po���er or remedy given by any of the loan instruments to Trustee or the Beneficiary or to which either of them may be otherwise
<br /> entitled ma}�be exercised, concunently or independently, from time to time and as often as may be deemed expedient by Trustee or
<br /> Benefician�. and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary
<br /> from seeking a deficiency-judgment against Trustors to the extent such action is permitted by law.
<br /> 1�. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the
<br /> address set forth in the first paragraph of this Deed of Trust.
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