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200100333 premiums for insurance required to be provided under this Trust Deed and no interest shall be payable to Trustor in respect thereof. Upon demand by Trustee, Trustor shall deliver to Trustee such additional sums of money as are necessary to make up any deficiency in the amounts necessary to enable Trustee to pay any of the foregoing items. 6. Additional Liens. Trustor shall make all payments of interest and principal and payments of any other charges, fees, and expenses contracted to be paid to any existing lien holders or prior beneficiaries under any prior Trust Deed, Mortgage or other security agreement, before the date they are delinquent and to pay any other claim which jeopardizes the security granted herein. 7. Protection of Beneficiary's Security. Should Trustor fail to make any payment, fail to do any act as herein provided, or if any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, including, but not limited to, eminent domain, insolvency, arrangements or proceedings involving a bankrupt or decedent, then Beneficiary or Trustee but without obligation to do so, and without notice to or demand upon Trustor, and without releasing Trustor from any obligation hereunder, may make or do the same, and may pay, purchase, contest or compromise any encumbrance, charge or lien, which in the judgment of either appears to affect said Property; in exercising any such powers the Beneficiary or Trustee may incur any liability and expend whatever amounts, including disbursements of reasonable attorney's fees, which in their absolute discretion, may be necessary In the event that Trustor shall fail to procure insurance or to pay taxes, and special assessments or to make any payments to existing or prior lien holders or beneficiaries, the Beneficiary may procure such insurance and make such payments. All sums incurred or expended by Beneficiary or Trustee in accordance with the provisions of this Trust Deed are secured hereby and, without demand, shall be immediately due and payable by Trustor and shall bear interest at the maximum allowable legal rate; provided, however, that at the option of Beneficiary or Trustee such sums may be added to the principal balance of any indebtedness secured hereby and shall bear the same interest as such indebtedness and shall be payable ratably over the remaining term thereof. 8. Remedies Cumulative. All remedies provided in this Trust Deed are distinct and cumulative to any other right or remedy under this Trust Deed or afforded by law or equity, and may be exercised concurrently, independently or successively. 9. Acceleration; Remedies; Sale. Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default. The Trustee shall have the power of sale of the Property and if Beneficiary desires the Property to be sold, it shall deposit with Trustee this Trust Deed and all promissory notes and documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and election to cause the Property to be sold, and the Trustee in turn shall prepare a similar Notice in the form required by law, which shall be duly filed for record by Trustee. (a) After the lapse of such time as may be required by law following the recordation of said notice of default, and notice of default and notice of sale having been given as required by law, Trustee, without demand on Trustor, shall sell the Property on the date and at the time and place designated in said notice of sale, at public auction to the highest bidder, the purchase price payable in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than (1) day beyond the day designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. Trustee shall execute and deliver to the purchaser his Deed conveying the Property sold, but without any covenant or warranty, express, or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Beneficiary, may purchase at the sale. (b) When Trustee sells pursuant to the powers herein, the Trustee shall apply the proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of the sale, including the payment of the Trustee's Fees actually incurred, and then to the items in subparagraph (c) in the order there stated. (c) After paying the items specified in subparagraph (b) if the sale is by Trustee, or the proper court and other costs of foreclosure and sale if the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated to the payment of: (i) Cost of any evidence of title procured in connection with such sale and of any revenue stamps; (ii) All sums then secured hereby; (iii) All sums secured by junior trust deeds mortgages or other lienholders; (iv) The remainder, if any, to the person legally entitled thereto. 10. Duties and Obligations of Trustee. (a) The duties and obligations of Trustee shall be determined solely by the express provisions of this Trust Deed and Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon Trustee; (b) No provision of this Trust Deed shall require Trustee to expend or risk his own funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder, or in the exercise of any of its right or powers, if it shall have grounds for believing that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it; (c) Trustee may consult with counsel of his own choosing and the advice of such counsel shall be full and complete authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon; (d) Trustee shall not be liable for any action taken by him in good faith and reasonably believed by him to be authorized or within the discretion or rights of powers conferred upon it by this Trust Deed. 11. Due on Sale. If the Trustor shall sell, convey, transfer, or dispose of or further encumber the real property described in this Trust Deed securing the debt evidenced by the note, or any part of such property, or any interest therein, or agree to do so without the written consent of the Beneficiary being first obtained, the Beneficiary shall have the right, at its option, to declare the entire balance of the unpaid principal and accrued interest to be immediately due and payable and require prompt payment by Trustor. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of a subsequent default. 12. Miscellaneous. (a) In the event any one or more of the provisions contained in this Trust Deed, or the promissory note or any other security instrument given in connection with this transaction shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall, at the option of Beneficiary, not affect any other provision of this Trust Deed, but this Trust Deed shall be construed as if such in- valid, illegal, or unenforceable provision had never been contained herein or therein.