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F <br />2 <br />Sq.,- 100372 <br />S. Texas, Assessments, and C herges. Truster shall pay all foxes, assessments and other chages, including, without limitation, fines and irtt.t <br />positions attributable to the Properly, and leasehold payments or ground rents, if any, before the some become delinquent. Trustor shall promp- <br />tly furnish to Beneficiary all notices of amounts due under this paragraph, and in the event Truster shall make payment directly. Truster shall <br />frttptly furnilh to Beneficiary receipts evidencing such payments. Truster shall pay all taxes and assessments which may be levied ups,. <br />Beneficiary's Interest herein or upon this Deed of Trust without regard to any taw that may be enacted imposing payment of the whole or t„�r <br />i <br />i part thereof upon the Beneficiary, <br />6. AddUfettel liens mid hetection of Benefklery's Security. Truster shall make all payments of interest and principal and payments of any <br />other chorges. fees 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 are delinquent and promptly pay and discharge any and all other liens, claims or charges which may jeopardize lire <br />security granted herein, If Truster 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 effects Beneficiary's in. <br />terest In the Property, Including, but not limited to, eminent domain proceedings, or proceedings involving a decendeni. or if Truster fails to pay <br />Truster's debts generally as they become due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Truster and <br />without releasing Truslor from any obligation hereunder, may make such eMoroncex, disburse such sums, end take such action as is necessary <br />to protect Beneficiary's Interest inOuding, but not limited to, disbursement of reu&wtable attorney's fees, payment, purchase, contest or c*m.- <br />promise of any encumbrance,' Oorge or lien, and entry upon the Property taT rrrakp repairs. In the event Thai Truster shall fail to procure in- <br />surance or to pay taxes, assessments, or any other charges or to make any pa;i.a is to existing prior lien holders or beneficiaries. Beneficiary <br />may procure such insurance end such payment. Any amounts disbursed 6 '�ereVniary pursuant to this Paragraph 6 shall become additional <br />Indebtedness of Trustor secured, Icy this Deed of Trust. Such) amounts shall be peyWe upon notice from Beneficiary to Truster requesting i oy- <br />ment thereof, and shvO.Emr utterest from the date of disbvrsement at the rote payable from time to time on outstanding principal under the <br />Note unless poymen0 Q8kirerosuot such rate would be contrary to applicalVe law, fit which event such amounts shall bear interest of the to chest <br />rote permissible under applicable law. Nothing contained in this Paragraph 6 shall require Beneficiary to incur oily expense or take any action <br />hereunder. <br />7. Assignment of Rents. Beneficiary shall have the right, power and authority during the continuance of ibis Deed of Trust to collect Clio <br />rents. issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected <br />hereby. and Truster hereby absolutely atxf unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary. however, hereby <br />consents to the Trvstvc'stelleclion and retention of such rents, issues and profits as they accrue and become payable so long as Truster is not, <br />of such time, in default e;ifh respect to payment of any indebtedness secured hereby, or in the performance of any agreement hereunder. Upon <br />any such default. Beneficiary may at any time, either in person, by agent, or by receiver to be appointed by a court, without notice and without <br />regard to the adequecy of any security for the indebtedness hereby secured.. (ak.ertir r upon and take possession of the Property or am part <br />s <br />thereof, and in its dwrnhome sue for or otherwise collect such rents, issues and prof a.$. including those past due end unpaid, and. apply the some. <br />less costs and expenses of operation and collection, including reasonable aaf torrmy$ fees, upon any indebtedness secured fier.Oity, and in such <br />` <br />order as Beneficiary may determine, (b) perform such acts of repair or protectiorr as May be necessary or proper to conserve'the value of the <br />Properly; (c) lease The some or any part thereof for such rental, term, and upon sucti,ccnditions as its judgment may dictoteor terminate or ad- <br />just the terms and conditions of any existing lease or leases. Unless Truster and Renericiary agree otherwise in writing, oily opp(motion of rents, <br />issues or profits to.amy indebtedness secured hereby shall not extend or postpone ffie due date of the installment payments its provided in said <br />1 <br />promissory note or change the amount of such installments. The entering upon and taking possession of the Property, lite collection of such <br />rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of defauli• hereunder, or in- <br />valhdote any act done pursuant to such notice. Truster also ossigns to Beneficiary, -as further security for the performance of fire obligations <br />secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said Truster by arry tetsee of the Pro- <br />perty, to secure the payment of any rent or damages, and upon default in the performance of enK of the provisions hereotJvustor agrees to <br />deliver Such rents and deposits to Beneficiary. Delivery oEwriffen nofieeot Beneficiary's exercise of the rights granted herein, to any tenant oc- <br />cupying-said premises shall be sufficient to require said tenant is pay said rent to the Beneficiary until further notice. <br />8. Condemnation. If title to any part of the Property shall be token in condemnation proceedings, by right of eminent domain er similar action, <br />or shall be sold trader threat of condemnation, all awards, damages and. proceeds are hereby assigned and shall be paid to Rerrefcciary who shall <br />apply such awards, damages and proceeds to the sum secured by this steed of Trust -, with -the excess, if any, paid to Trustor, hf Truster receives <br />any notice or other information regarding such actions or proceedings, Trustor, shall give prompt written notice thereof to beneficiary. <br />;ice <br />Beneficiary shall be entitled, at its option, to commence, appear in and prosecute inft own name any such action or proceedirgs and shall be en- <br />titled to make any compromise or settlement in connection with any such action or proceedings. <br />9. Remedies Not Exclusive. Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligations secured <br />hereby and to exercise all rights and powers under this Deed of Trust or under any other agreement executed in connection herewith or any laws <br />now or Nreoffer 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; (fen, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement whether by courtactian or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner offect <br />Beneficiary's right to realize upon or enforceany+ other security now or hereafter held by Ueneficiory, it being agreed Ihaf Beneficiary shall be <br />enlitfed to enforce this Deed of Trust and any other security now or hereof ter held by$eneficiary in such order and monner•as it may in its ob. <br />solute discretion determine. No remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of arty oiiier remedy herein <br />or by low provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder ar now or hereof ter <br />existing of 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 />otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient Beneficiary <br />and -fr may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against <br />the-T'rustor to the extent such action is permitted by low, <br />M. Transfer of Property; Assumption. if all or any part of file property or any interest therein is sold, transferred or conveyed by Truster <br />without Beneficiary's prior written consent, excluding (a) lite creatiortof'a lien or encumbrance subordinate to this Deed of Trust, (b) the crea- <br />lion of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of low upon the death of a <br />joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Beneficiary may, of <br />Beneficiary's option, declare all file sums secured by this Deed of Trust to be intntediately due and payable, or cause file Trustee to file a notice <br />of default. Beneficiary shall hove waived such option to accelerate if, prior to fire sale, transfer or conveyance, Beneficiary and flin person to <br />L whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and flint <br />the interest payable on the sums secured by this Deed of Trust shod be at surly rate as Beneficiary shall request. <br />ti <br />