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201507250 <br />profits, including those past due and unpaid, and apply the same, Tess 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. <br />4 <br />