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20120�63�
<br />with said Trustor by any lessee of the Property to secure the payment of any rent or damages, or, upon default in the
<br />perFormance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary.
<br />Delivery of written notice of Beneficiary's exercise of the rights granted herein to any tenant occupying said
<br />premises shall be sufficient to require said tenant to pay rent to the Beneficiary until further notice.
<br />8. CONDEMNATION. If title to any part of the Property shall be taken in condemnarion
<br />proceedings, by right of eminent domain or similaz action, or shall be sold under threat of condemnation, all awards,
<br />damages, and proceeds aze hereby assigned and shall be paid to Beneficiary who shall apply such awazds, damages,
<br />and proceeds to the sum secured by this Trust Deed, with the excess, if any, paid to Trustor, except that such award,
<br />damages or proceeds, or any portion thereof may be used to restore or replace any portion of the Property taken,
<br />damaged or rendered unusable by reason of the condemnation at the discretion of the Beneficiary. If Trustor
<br />receives any notice or other information regarding such actions or proceedings, Trustor shall give prompt written
<br />notice thereof to Beneficiary. Beneficiary shall be entitled, at its option, to commence, appear in, and prosecute, in
<br />its own name, any such action or proceedings and shall be entitled to make any compromise or settlement in
<br />connection with any such action or proceedings.
<br />9. FOTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to
<br />reconveyance of the Property to Trustor, may make future advances to Trustor. Such future advances, with interest
<br />thereon, shall be secured by this Trust Deed when evidenced by promissory notes stating that said notes are secuted
<br />hereby; provided that at no time shall the secured principal and future advance, not including sums advanced to
<br />protect the security, exceed two hundred percent (200%) of the original principal amounts secured hereby.
<br />10. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to
<br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and
<br />powers under this Trust Deed or under any other agreement executed in connecrion herewith or any laws now or
<br />hereafter in force, notwithstanding some or all of such indebtedness and obligations secured hereby which may now
<br />or hereafter be otherwise secured, whether by mortgage, trust deed, pledge, lien, assignment, or otherwise. Neither
<br />the acceptance of this Trust Deed nor its enforcement, whether by court action or pursuant to the power of sale or
<br />other powers herein conta.ined, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon
<br />or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and
<br />Beneficiary, and each of them, shall be enritled to enforce this Trust Deed and any other security now or hereafter
<br />held by Beneficiary or Trustee in such order and manner as they, or either of them, may, in their absolute discretion,
<br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of
<br />any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to
<br />every other remedy given hereunder or now or hereafter existing, at law or in equity, or by statute. Every power or
<br />remedy provided under this Trust Deed to Trustee or Beneficiary or to which either of them may be otherwise
<br />entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed
<br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be
<br />construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor, to the extent such
<br />action is permitted by law.
<br />11. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the Property or
<br />interest therein is sold, transferred, or otherwise conveyed by Trustor without Beneficiary's prior written consent,
<br />excluding (a) the creation of a lien or encumbrance subordinate to this Trust Deed, (b) a transfer by operation of law
<br />upon the death of a Trustor who is a joint tenant or (c) the grant of any leasehold interest of three (3) years or less
<br />which does not contain an option to purchase, such action is a breach of this agreement, and Beneficiary may, at
<br />Beneficiary's option, declaze all the sums secured by this Trust Deed to be immediately due and payable; provided,
<br />further, this Trust Deed may, �t Be�eficiary's option, be declared immediately due and payable if (1) Trustor is a
<br />partnership and any interest in the partnership is sold or assigned by any means whatsoever, or (2) if the Trustor is a
<br />corporation and a transfer of the majority stock ownership interest in the corporation occurs or the Trustor
<br />corporation merges in any form with another corporation or entity. Beneficiary shall have waived such oprion to
<br />accelerate if, prior to the sale, transfer, or conveyance, Beneficiary and the person to whom the Property is to be sold
<br />or transfened reach agreement in writing that the credit of such person is sarisfactory to Beneficiary and that the
<br />interest payable on the sums secwed by this Trust Deed shall be at such rate as Beneficiary shall request.
<br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failwe by the Trustor to
<br />make any payment or to perform any of the terms and conditions of this Trust Deed, or the terms and conditions of
<br />the Note, or any renewals, modifications, or extensions thereof, or the failure to make payment of any other
<br />indebtedness, prior or subsequent to this Trust Deed, and secured by this property, or the death of one or more
<br />Trustors, shall be a breach and default of this Trust Deed and the Beneficiary may declare a default and may declare
<br />all sums secured hereby immediately due and payable, and the same shall thereupon become due and payable
<br />without presentment, demand, protest or notice of any kind, provided Trustor shall have any statutory right to cure
<br />the default before any notice of default and deYnand for sale may be delivered to the Trustee. Thereafter,
<br />Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustor agrees and hereby
<br />grants that the Trustee shall have the power of sale of the Property and, if Beneficiary decides the Property is to be
<br />sold, it shall deposit with Trustee this Trust Deed and the Note or notes and any other documents evidencing
<br />expenditures secured hereby and shall deliver to Trustee a written notice of default and election to cause the
<br />property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be
<br />duly filed for record by Trustee.
<br />(a) After the lapse of such time as may be required by law following the recordation of Notice of
<br />Default, and Notice of Default and Notice of Sale having been given as required by law, Tntstee, without demand on
<br />Trustor, shall sell the Properly, if not redeemed, in one or more parcels and in such order as Trustee may determine
<br />on the date and the time and place designated in said Norice of Sale, at public auction, according to law.
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