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r <br />L <br />1 <br />S. A"H" Ume and lroteollM of NMfINary'e t;ecurtty. Trustor shall make all payments of Interest and principal and ptlymsnts of any <br />other charges. tees and expenses contracted to be paid to any existing lienholders or prior beneflclartes under any prior deed of trust or mor. <br />tgaga before the date they are delinquent and promptly pay and discharge any and all other Ilene. claims or charges which may Jeopardize the <br />security granted herein. It Trustor falls to make any such psymerit or falls to perform any of the covenants and agreements contained In this <br />Deed of trust, or In any prior mortgage or deed of trust, or if any action or proceeding Is commenced which materlelty affects Beneficiary's Im <br />forest in the Property. including. but not limited to, eminent domain proceedings, or proceedings Involving a decedent, or it Trustor falls to pay <br />Trustor's debts generally as they become due, then Beneficiary. at Beneftclary's option and without notice to or demand upon Truster and <br />without releaaing Truster from any obligation hereunder. may make such appsarances. disburse such sums, and take such action as Is <br />necessary to protect Beneficiary's Interest. Including, but not limited to, disbursement of reasonable, attorney's fees. payment, purchase, con- <br />test or compromise of any encumbrance, charge or lien, and entry upon the Property to make mpaill. In the event that Truster shall fail to <br />procure insurance or to pay taxes. assessments, or any other charges at to make any payments to existing prior Ilan twidws or beneficiaries. d <br />Beneficiary may procure such Insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall Q <br />become additional indebtedness of Truster secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to .� <br />Truster requesting Payment thereof, and shall beer Interest from the date of disbursement of the rate payable from time to time on outstanding <br />principal under the Note unless payment of Interest at such rate would be contrary to applicable taw, In which event such amounts shall bear ice- 14 <br />forest at the highest rate permissible under applicable law. Nothing contained in this Paragraph 8 shall require Beneficiary to Incur any expense Q <br />or take any action hereunder. <br />T. AselMtelaM of MMs. Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, <br />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 Trustor hereby absolutely and unconditionally assigns all such rents. Issues and profits to Beneficiary. Beneficiary, however, hereby <br />consents to the Trustor's collection and retention of such rents, Issues and profits as they accrue and become payable so long as Trustor Is not, <br />at such time. In default with 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 a receiver to its appointed by a court, without notice and without <br />regard to the adequacy of any security for the Indebtedness hereby secured, (a) enter upon and take possession of the Property or any part <br />thereof, and in itsown name sue for or otherwise collect such rents. issues and profits, including those past due and unpaid, and apply the same. <br />less costs and expenses of operation and colleetlon, including reasonable attorneys lees, upon any Indebtedness secured hereby. and In sucit <br />order as Beneficiary may determine; (b) perform such acts of repair or protection as any be necessary or proper to conserve the value of tire. <br />Property, (c) Nose the same or any part thereof for such rental, term, and upon such. cmrAitions as Its Judgment may dictate or terminateor ad~• . .. <br />Just the terms and conditions of any existing [$asset teases. Unless Truster and Benef Lary agree ctherwlse In writing, any application of rents,: <br />Issues or profits to any indebtedness secured hereby shall not extend orpostpone the due date of the Installment payments as pmvided In said <br />promissory note or change the amount of such Installments. The entering upon and taking possession of the Property, the callectlon of such <br />rents, Issues and prafrts. and the application thereof as aforesaid, shall not waive or cure any default or notice of defat(It heretrrtrleer. or Invalidate <br />any act dons pursuant to such notice. Truster also assigns to Beneficiary, as further dmcurily for the performance 4f the aNu gatlons secured <br />hereby. all prepsl8eants and all monies which may have been or may hereafter be dept; lted with said Truster by any lessee crthe Property, to <br />secure tits paymmirif. of any rent or damages, and upon default In the performance of any of the provisions hereof. Trustor agrees to deliver such <br />rents and depeiits to Beneficiary. Delivery of written notice of Beneficiary's exercise oft the rights granted herein, to any terah"t.accupying said <br />promises shall t4mLificient to require said tenant to pay said rent to the Ger:4?3ctary until further all.ce. <br />ff. CDrAwnatkm If title to any part of the Property shall be taken In ��.zin na vn p ty right of eminent domain or similar action, <br />or Mail to sold under threat of condemnatlon, all awards, damages and p,.,ceads wohet try ar"Vnad and shall he paid to Beneficiary who %W1 <br />fiuch awards. damages" proceeds to the sum secured by this Dead of Trust, with the ex: m. flatly, pafuitr. Toastor. If Trustor recet7as, <br />airy -notes or other Informagon regarding such actions or proceed;ngs, Trustor shall give grampi written r,.rtlice Utereof to Beneflcl". <br />Beneficiary shall be entitled, at Its option, to commence, appear in and prosecute In Its awn nom¢" such aetica cr..>nceediMs and sha"i be <br />entfttedto make any compromise or settlement In connection with any such action or proceedings. <br />4_ ifeleedles Not Exclustw.Truslee and Beneficiary, rind each of them, shall be entitled to enforce payment a❑ dpwformsR:o ct,eny Indetted% <br />ness cr obligations secured hmehy and to exercise all rights and powers under this Used of Trust or under any ostler- agreement erscuted in ccn- <br />nactlon herewith or any lswir rww or hereafter In force, not•withstanding some or all of the such indebtedness and obligations secured hereby <br />may now or heresfWte olltwwlse secured. whether by mortgage, deed of trust, pledge. Ilan, assignment or otherwise. Neither tore acceptance <br />of this Deed of tw rcr its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall <br />prejudice or In any manner affect Trustee's or Beneficiary's right to re:llra•upon or enforce any other security now or hereater held by Trustee or <br />Bersficlary. It being agreed Mwt Trustee and Beneficiary, seed each of them, shall be ontrfled to enforce this peed of Trust and any other security <br />now or hereafter Mid by Beneficiary or Trustee in such crddrand manaeraa they oreilihe,raf them may In their absolute discretion determine. No <br />remedy herein contorted upon or reserved to Trust" or Sannflelary Is'':,`onded toGee Ldusive of any other remedy herein or by law provided or <br />permitted, but each shall be cumulative and shall be In addition to evlr�r+:;her remerPj riven hereunder or now or hereafter existing at law or In <br />equity or by statute. Every power or remedy provided hereunder this Daud of trust to Trustee or Eensficfary or to which either of them may be <br />otherwise entitled, may be exercised. concurrently or Independently,.lrnm time to tine and as often as may be deemed expedient by Trustee or <br />Beneficiary and either of them may pursue Inconsistent remedies. Ncthfitg M*.-( r shall to construed as prohibiting Beneficiary from staking a <br />deficiency judgment against the Trustor to the extent such action Is permiltaid bye law. <br />10. Transfer of the Property; Atsump lore. It all or any part of the prep' mJy,nr any interest therein Is sold, transferred or conveyed by Trustor <br />without Beneficiary's prior written consent, excluding (a) the creation cf a fiat of encumbrance subordinate to this Deed of Trust, (b) the creation <br />of a purchase money security interest for household appliances. (c) a trantfer by devise, descent or by operation of law upon the death of a joint <br />tenant or (d) the grant of any feasehofd Interest of three years or Tess not containing an option to pu"ose. Beneficiary may. at Beneficiary's op <br />lion, declare all the sums secured by this Deed of Trust to be Immediately due and oavabte. or cause the Trustee to file a notice of default. <br />Beneficiary shall have wal-ma such option to accelerate It, prior to the sale. Transfer nr conveyance. Beneficiary and the person to wham rite <br />property is to be sold or transferred reach agreement In writing that the credit of such person Its satisfactory to Beneficiary and that tto <br />Interest payable on the sums secured by this Deed of Trust shall be at such rate me Seneficlari shall request. <br />If. Accod rstl+an upon Default Remedies; Sale. Upon default by Trustor In the payment cf cr podotmance of the terms and corditions of the <br />Note, or any renewals, modifications or extenslans thereof, or the payment of any other Indebtedness secured hereby or in the Performance of <br />any of ter eovera"s or $gresments hereunder, Beneficiary may declare all sums secured hereby Immediately due and payable and rite same <br />shelf thereupon become due and payable without presentment, demand, protest or notice of any kind. Therealter. Bereftclary may deliver to <br />Trustee a wilttande:farattonol default and demand for save. Trustee shall have the power of safe of the Property and it Bensf[clary decidd3 t o <br />Property to to be sold it shall deposit with Trustee this Deed of Trust and the Note or notes and any other doeumern evidencing expenditlartss <br />secured hereby, and shall deliver to Trustee a written notice of default and election to cause the Frcperty to be sold. and Trustde, lit tur i. shall <br />prepare a Similar notice In the form required by law which shall be duty filed for record by Trustee. <br />(e) After the lapse of such time es may be required by law following the recordation of Notice of Default, and Natice ct Default and Fi;ttas of <br />Sal* staving been given as required by law, Trustee, without demand on Trustor, shall sell the Property In cne or more parceld and In such crier <br />as Trustor may determine on the date and at the time and place designated in sold Notice of Sate, at publld auctidil to its hfgheSt bidder, t.-te <br />purchase price payable in cash In lawful money of the United States at the time of sale. The person conducting rite sate may, for spy cause he cr <br />Me deems expedient, postpone the sale from time to time until It shall be completed and. In @warp such rase, notice of postponement shall be <br />given by puWte declaratlorr thereof by such person at the time and place last appointed for the sate, ptav!ded, It tits sale Is postponed fdrlunger <br />than one (1) day beyond the day designated in the Notice of Sale. notice thereof shall be given In tee same rnanneres the oriulnat fustide create. <br />Trustee shall execute and deliver to the purchaser Its Deed conveying tha Property so sold, but wititdut drip c afesnarib or warranty, erdreaa, or <br />Implied. Tire recitals In The Deed of any matters or facts shall bs conclusive proof of the truthfulness therdof. Ana person, Includlig without <br />limitation Beneticlaryor Trustee. may purchase at the sate. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment of tiro costs and expenses of <br />exercising the power of sateand of the sale, Including, without limitation, the payment of Trustee's Fees Incurred, which Trustee's Fees shall not <br />In the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaRE b percentum on the balance <br />thereof; and than to the Items set forth In subparagraph (c) hereof In the order therein stated. <br />by <br />#s <br />K <br />T� <br />N <br />C, <br />I <br />