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201503102
<br /> profits, including those past due and unpaid, and apply the same, less costs and expenses of
<br /> operation and collection, including reasonable attorney fees, upon any indebtedness secured
<br /> hereby, and in such order as Beneficiary may determine; (b)perform such other actions of repair or
<br /> protection as may be necessary or proper to conserve the value of the Property; (c)lease the same
<br /> or any part thereof for such rental, term and upon such conditions as its judgment may dictate or
<br /> terminate, or adjust the terms and conditions of existing leases. Unless Trustor and Beneficiary
<br /> thereof agree otherwise in writing, any application of rents, issues or profits to any indebtedness
<br /> secured hereby shall not extend or postpone the due date of the installment payments as provided
<br /> in said promissory note or change the amount of such installment. The entering upon and taking
<br /> possession of the Property, the collection of such rents, issues and profits, and the application
<br /> thereof as aforesaid, shall not waive or cure any default or notice of default hereunder or invalidate
<br /> any act done pursuant to such notice.Trustor also assigns to Beneficiary,as further security for the
<br /> performance of the obligations secured hereby, all prepaid rents and all monies which may have
<br /> been or may hereafter be deposited with said Trustor by any lessee of the Property, to secure the
<br /> payment of any rent or damages,or upon default of the performance of any of the provisions hereof,
<br /> Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of
<br /> Beneficiary's exercise of the rights granted herein, to any tenant occupying said premises shall be
<br /> sufficient to require said tenant to pay rent to the Beneficiary until further notice.
<br /> 2. Condemnation: If title to any part of the Property shall be taken in condemnation
<br /> proceedings, by right of eminent domain or similar action, or shall be sold under threat of
<br /> condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to
<br /> Beneficiary who shall apply such awards,damages and proceeds to the sum secured by this Deed
<br /> of Trust, with the excess, if any, paid to Trustor. If Trustor receives notice or other information
<br /> regarding such actions or proceedings, Trustor shall give prompt notice thereof to Beneficiary.
<br /> Beneficiary shall be entitled at its option, to commence, appear in and prosecute in its own name,
<br /> 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 /> 3. Remedies Not Exclusive:Trustee and Beneficiary,and each of them,shall be entitled
<br /> to enforce payment and performance of any indebtedness or obligations secured hereby and to
<br /> exercise all rights and powers under this Deed of Trust or under any other agreement executed in
<br /> connection herewith or any laws now or hereafter in force, notwithstanding some or all of the
<br /> indebtedness and obligations secured hereby may now or hereafter be otherwise secured,whether
<br /> by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this
<br /> Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other
<br /> powers herein contained shall prejudice or in any manner affect Trustee's or Beneficiary's right to
<br /> realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being
<br /> agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of
<br /> Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and
<br /> manner as they or either of them may in their absolute discretion determine. No remedy herein
<br /> conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy
<br /> herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every
<br /> other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every
<br /> power or remedy provided hereunder to Trustee or Beneficiary or to which either of them may be
<br /> otherwise entitled,may be exercised,concurrently or independently,from time to time and as often
<br /> as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent
<br /> remedies. Nothing herein contained shall be construed as prohibiting Beneficiary from seeking a
<br /> deficiency judgment against the Trustor to the extent such action is permitted by law.
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