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200002828 <br />Beneficiary may determine; (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of the <br />Property; (c) lease the same 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 any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in <br />writing, any application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the <br />installment payments as provided in said promissory note or change the amount of such installments. The entering upon and taking <br />possession of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or <br />cure any default or notice of default hereunder, or invalidate any act done pursuant to such notice. Trustor also assigns to Beneficiary, <br />as further security for the performance of the obligations secured hereby, all prepaid rents and all moneys which may have been or <br />may hereafter be deposited with said Trustor by any lessee of the Property, to secure the payment of any rent or damages, and upon <br />default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery <br />of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupying said premises shall be sufficient to <br />require said tenant to pay said rent to the Beneficiary until further notice. <br />8. Future Advances. Upon request of Borrower, Lender at Lender's option, prior to full reconveyance of the property by <br />Trustee to Borrower, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this <br />Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount <br />of the indebtedness secured by this Deed of Trust, not including sums advanced in accordance herewith to protect the security of this <br />Deed of Trust, exceed the original amount of the Note plus US $5,000.00. <br />9. Condemnation. If title to any part of the Property shall be taken in condemnation proceedings, by right of eminent <br />domain or similar action, or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and <br />shall be paid to Beneficiary who shall apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the <br />excess, if any, paid to Trustor. If Trustor receives any notice or other information regarding such actions or proceedings, Trustor shall <br />give prompt written 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 connection with any such <br />action or proceedings. <br />10. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and <br />performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under <br />any other agreement executed in connection herewith or any laws now or hereafter in force, notwithstanding some or all of the such <br />indebtedness and obligations secured hereby many now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, <br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to <br />the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize <br />upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in <br />such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or <br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each <br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or <br />by statute. Every power or remedy provided hereunder this Deed of Trust 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 as may be deemed expedient by <br />Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting <br />Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />11. Transfer of the Property; Assumption. If all or any part of the property or any interest therein is sold, transferred or <br />conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the creation of a lien of encumbrance subordinate to <br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or <br />by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing than <br />option to purchase, Beneficiary may, at Beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due <br />and payable, or cause the Trustee to file a notice of default. Beneficiary shall have waived,such option to accelerate if, prior to the <br />sale, transfer or conveyance, Beneficiary and the person to whom the property is to be sold or transferred reach agreement in writing <br />that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Deed of Trust <br />shall be at such rate as Beneficiary shall request. <br />12. Acceleration upon Default; Remedies; Sale. Upon default by Trustor in the payment of or performance of the terms and <br />conditions of the Note, or any renewals, modifications or extensions thereof, or the payment of any other indebtedness secured hereby <br />or in the performance of any of the covenants or agreements hereunder, Beneficiary may declare all sums secured hereby immediately <br />due and payable and the same shall thereupon become due and payable without presentment, demand, protest or notice of any kind. <br />Thereafter, Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustee shall have the power of <br />sale of the Property and if Beneficiary decides the Property is to be sold it shall deposit with Trustee this Deed of Trust and the Note <br />or notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and <br />election to cause the 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 Default, and Notice of <br />Default and Notice of Sale having been given as required by law, Trustee, without demand on Trustor, shall sell the Property in one or <br />more parcels and in such order as Trustor may determine on the date and at the time and place designated in said Notice of Sale, at <br />