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not limited to, eminent domain proceedings, or proceedings involving a decedent, or if
<br />Trustor fails to pay Trustor's debts generally as they become due, the Beneficiary, at
<br />Beneficiary's option and without notice to or demand upon Trustor and without releasing
<br />Trustor from any obligation hereunder, may make such appearances, disburse such
<br />sums, and take such action as is necessary to protect Beneficiary's interest, including
<br />but not limited to, disbursement of reasonable attorney's fees, payment, purchase,
<br />contest or compromise of any encumbrance, charge or lien, and entry upon the
<br />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
<br />prior lien holders or Beneficiary, Beneficiary may procure such insurance and make
<br />such payment. Any amount disbursed by Beneficiary pursuant to this Paragraph A.6
<br />shall become additional indebtedness of Trustor secured by this Deed of Trust. Such
<br />amounts shall be payable upon notice from Beneficiary to Trustor requesting payment
<br />thereof, and shall bear interest from the date of disbursement at the rate payable from
<br />time to time on outstanding principal under the Note unless payment of interest at such
<br />rate would be contrary to applicable law, in which event such amounts shall bear
<br />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
<br />hereunder.
<br />B. IT IS MUTUALLY AGREED THAT:
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<br />1. Assignment of Rents: Beneficiary shall have the right, power and authority
<br />during the continuance of this Deed of Trust to collect the rents, issues and profits of the
<br />Property and of any personal property located thereon with or without taking possession
<br />of the property affected hereby, and Trustor hereby absolutely and unconditionally
<br />assigns all such rents, issues and profits to the Beneficiary. Beneficiary, however,
<br />hereby consents to the Trustor's collection and retention of such rents, issues and
<br />profits as they accrue and become payable so long as Trustor is not, at such time, in
<br />default with respect to payment of any indebtedness secured hereby, or in the
<br />performance of any agreement hereunder. Upon any such default, Beneficiary may at
<br />any time, either in person, by agent, or by a receiver to be appointed by a court, without
<br />notice and without regard to the adequacy of any security for the indebtedness hereby
<br />secured, (a) enter upon and take possession of the Property or any part thereof, and in
<br />its own name due for or otherwise collect such rents, issues and profits, including those
<br />past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection, including reasonable attorney fees, upon any indebtedness secured hereby,
<br />and in such order as Beneficiary may determine; (b) perform such other actions of
<br />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
<br />conditions as its judgment may dictate or terminate, or adjust the terms and conditions
<br />of existing leases. Unless Trustor and Beneficiary thereof agree otherwise in writing,
<br />any application of rents, issues or profits to any indebtedness secured hereby shall not
<br />extend or postpone the due date of the installment payments as provided in said
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