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, <br />83- 100136 <br />S. Tetras, Assesoments, end Cher)tes. Truster shall pay all taxes, assessments and other clutr ges, including, without limitation, lines :tart ini- <br />positions attributable to the Property, and leasehold payments or ground rents, if any, before the some become delinquent. Trustor shall promp• <br />1 fly furnish to Beneficiary all notices of amounts due under this paragraph, and in the event Truster shall make payment directly. Trustor shall <br />I ►mptly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied ur,­ <br />Beneficiary's interest herein or upon this freed of Trust without regard to any law that may be enacted imposing payment of the whole or a..r <br />port thereof upon the Beneficiary, <br />6. Additfenel Uses and Protection of Welklsry's Security. Trustor shall make all payments of interest and principal and payments of arty <br />other chorggs, test and expenses contracted to be paid to any existing lienholders or prior beneficiaries under any prior deed of trust or mor- <br />tgoge before the date they ore delinquent and promptly pay and discharge any and all other lions, claims or charges which may jeopardize the <br />security granted herein. If Trustor fails to make any such payment or fails to perform any of the covenants and agreements contained in this <br />Deed of Trust, or in any prior mortgage or deed of trust. of if any action or proceeding is commenced which materially affects Beneficiary's in- <br />terest in the Property, including, but not limited to, eminent domain proceedings, or proceedings involving a decendent, or if Trustor fails to pay <br />Trustor's debts generally as they become due, then Beneficiary, at Beneficiary's option and without notice to or demand upon 7rustor and <br />without releasing Trustor from any obligation hereunder, may make such appearances, disburse such sums, and take such action as is necessary <br />to protect Beneficiary's Interest Including, but not limited to. disbursement of reasonable attorney's fees, payment, purchase, contest dr com- <br />promise of any encumbrance, charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall foil to procure in- <br />soironce or to pay taxes, assessments, or any other charges or to make any payments to existing prior lien holders or beneficiaries. Beneficiary <br />may procure such insurance and make such payment. Any amounts; disbursed by Beneficiary pursuant to this Paragraph 6 shall become additiornal <br />indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting pay- <br />ment thereof. and shall bear irrteFest Frvsit the date of disbursement at the rate payable frgm time to time on outstanding principal under the <br />We unless payment of irte;ext of such rata woald be contrary to applicable law, in which evectt. such amounts shall bear interest of tht* highest <br />rare permissible under applicable low. i+Caih :V rentain6d in this Paragraph 6 shun require Bec-eficiary to incur oily expense or take oily action <br />fereunder. <br />7. Assignment of Rents. Beneficiary stint haye lire right, power and authority during the continuance of this Deed of Trust to toiled file <br />rents. issues and profits of the Property and of onr pc-rsonal property located thereon with or without taking possession of the property affecled <br />hereby, and Trustor hereby absolutely and unconifitianally assigns all such rents, issues and profits to Beneficiary. Beneficiary, howevec-_ hereby <br />consents to the Trustor's collection and retention of welt rents., issues and profits as they accrue and become payable so tong as Trustor if eat, <br />of such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement Iheretutder. . u {roll <br />any such default. Beneficiary may of any time, either ih person, by agent, or by receiver to be appointed by a court, without notice G+ _4 without <br />regard to llte adequacy of arty security for the indebtedness hereby secured, (a) enter upon and take possession of the Property or any part <br />thereof, and in its own name-sue for or otherwise colfne t such rents, issues and profits, including those post due and unpaid, and apply lite sonic, <br />less costs and expenses of operation and collectiori, 4ncluding reasonable attorneys fees, upon any indebtedness secured hereby, and in such <br />order as Beneficiary may determiner (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 some or any part thereof for such rental, term, and upon such conditions as its judgment may dictote or terminate or ad- <br />just the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, <br />issues or profits to any indebtedness secured hereby shall not extend or postpone fire due date of the installment payments as provided in said <br />promissory note or change the amount of suche installments. The entering upon and taking possession of the Property, the collection of such <br />rents. issues and profits. and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or in- . <br />validate any act done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for fire performance of file obligations <br />secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with sand Truslor by oily lessee of fire Pro- <br />perty, to secure the payment of any rent or damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to <br />deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted.berein, to any tenant oc- <br />cupying said premises shall be sufficient to require said tenant to pa said rent to the Beneficiary until further notice. <br />B. Condemnation. If title to any part of the Property shall be token in condemnation proceedings, by right of eminent domain or similar action, <br />or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned oral s?.ell be paid to Beneficiary who shall <br />apply such awards, damages and proceeds to the sumsecured by tfais Deed of Trust, with the excess, if any, paid to Truster. If Trustor receives <br />any notice or other information, regcr&ng such actions or proceedings, 'Trustor shall give prompt written notice thereof to beneficiary. <br />Beneficiary shall be entitled, of its optics, to commence, appear in and prosecutein its own name any such action or proceedings and shall be en- <br />filled to make any compromise or settlement in connection with any such active. arc proceedings. <br />9, Remedies Not Exelrsire. Beneficiary shall be entitled to enforce poyrrenc and performance of any indebtedness or obligations secured <br />hereby and to exercise all rights and powers under fib's Deed of Trustor under.ony other agreement executed in connection herewith or any laws <br />now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be other- <br />wise secured, whether by mortgage, deed of trust, pledge, lies, assignment,or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement whether by caurt action or pursuant to the power of sole oc otheeir powers herein contained, shalYprejudice or in any manner affect <br />Beneficiary's right .to realize upon or enforce any other security Hour or hereafter held by Beneficiary, it being agreed that Beneficiary slinli he <br />entitled to enforce this Deed of Trust dridany other security now•'ar.hereafler held by Beneficiary in such order and rnac.rcer as it may in its ab- <br />solute discretion determine. No remedy herein conferred upon or deserved to Beneficiary is intended to be exclusive of arty other remedy herein <br />.ac by low provided or permitted, but each shall be cumulative and shall be in additian to every other remedy given hereunder or now or hereafter <br />existing at low or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Beneficiary or to which it may be <br />off evise "filled. may be exercised, tgitcurrenily or independently, from time to time and as often as may be deer. ed- expedient Beneficiary <br />and'li'+nal! pursue inconsistent remedies: Nothing herein shall be construed as prohibiting Beneficiary from seeking a def!ci+=ricy judgment against <br />the Truster to the extent such action is permitted by low. <br />10. Trensfor of Property; Assumption. If all or any part of the property or any interesl therein is sold, transferred or conveyed by irustor <br />without veneficioiy's prior wriffen consent, excluding (u) file creulion of a heft or encuirrbfunce subordinate to this Deed of Trust, (b) the creo- <br />llon of a purchase money security Interest for household appliances, (c) o transfer by devise, descent or by operation of law upon fire death or a <br />joint tenant or (d) the grant of any leasshold interest of three years or less not containing on option to purchase, Beneficiary :flay, of <br />L Beneficiory's option, declare all fire sums secured by this Deed of Trust to be immediately due and payable, or cause the Trustee to file a notice <br />of default. Beneficiary shall have waived such option to accelerate if, prior to the sole, transfer or conveyance, Benelkiary and Mr, person to <br />whom the property is to be sold or transferred reach agreement in writing that the credit of such person is sotisfaclory to Beneficiary arrd 11](11 <br />the interest payable on the sums secured by this Deed of Trust shall be of sur1] rote as Beneficiary shull request. <br />eM <br />r• <br />I <br />