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incur such insurance and renewals thereof or memo copies of such policies and renewals thereof. <br />Failure to furnish such insurance by Trustor, or renewals as required hereunder shall, at the option <br />of the Beneficiary, constitute a default. <br />5. Taxes, Assessments and Charges: Trustor shall pay all taxes, assessments and <br />other charges, including, without limitation, leasehold payments or ground rents, if any, before <br />delinquency, without notice of demand, and shall provide Beneficiary with evidence of the payment <br />of the same. Trustor shall pay all taxes and assessments which may be levied upon Beneficiary's <br />interest herein or upon this Deed of Trust or the debt secured hereby, without regard to any law that <br />may be enacted imposing payment of the whole or any part thereof upon the Beneficiary. <br />6. Additional Liens and Protection of Beneficiary's Security: Trustor shall make all <br />payments of interest and principal and payments of any other charges, fees and expenses <br />contracted to be paid to any existing lien holders or prior Beneficiary under any prior deed of trust or <br />mortgage before the date they are delinquent and promptly pay and discharge the security granted <br />herein. If Trustor fails to make any such payment or fails to perform any of the covenants and <br />agreements contained in this Deed of Trust, or in any prior mortgage or deed of trust, or if any action <br />of proceeding is commenced which materially affects Beneficiary's interest in the Property, including, <br />but not limited to, eminent domain proceedings, or proceedings involving a decedent, or if Trustor <br />fails to pay Trustor's debts generally as they become due, the Beneficiary, at Beneficiary's option <br />and without notice to or demand upon Trustor and without releasing Trustor from any obligation <br />hereunder, may make such appearances, disburse such sums, and take such action as is <br />necessary to protect Beneficiary's interest, including but not limited to, disbursement of reasonable <br />attorney's fees, payment, purchase, contest or compromise of any encumbrance, charge or lien, and <br />entry upon the Property to make repairs. In the event that Trustor shall fail to procure insurance or to <br />pay taxes, assessments, or any other charges or to make any payments to any existing prior lien <br />holders or Beneficiary, Beneficiary may procure such insurance and make such payment. Any <br />amount disbursed by Beneficiary pursuant to this Paragraph A.6 shall become additional <br />indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice <br />from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of <br />disbursement at the rate payable from time to time on outstanding principal under the Note unless <br />payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />shall bear interest at the highest rate permissible under applicable laws. Nothing contained in this <br />Paragraph A.6 shall require Beneficiary to incur any expense or take any action hereunder. <br />B. IT IS MUTUALLY AGREED THAT: <br />1. Assignment of Rents: Beneficiary shall have the right, power and authority during the <br />continuance of this Deed of Trust to collect the rents, issues and profits of the Property and of any <br />personal property located thereon with or without taking possession of the property affected hereby, <br />and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to the <br />Beneficiary. Beneficiary, however, hereby consents to the Trustor's collection and retention of such <br />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 performance of any <br />agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, by <br />agent, or by a receiver to be appointed by a court, without notice and without regard to the adequacy <br />of any security for the indebtedness hereby secured, (a) enter upon and take possession of the <br />Property or any part thereof, and in its own name due for or otherwise collect such rents, issues and <br />3 <br />201404959 <br />