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_]Allr <br />F <br />G. A660" LMM vW hoiocttofl of •seeitelary's lisewtlr Trustor shall make all payments of Interest and principal and payments of any <br />other Charon. 1090 and expenses contracted to be paid 10 any existing Iienholders tv prior bonslicfarles undsr any prior deed of true, of mor. <br />119896 before the date they are delinquent and promptly pay and discharge any and all other liens, claims or charges which may Jeopardize flee <br />Security granted herein. If Trustor fails to make any such payment of falls to perform any of the covenants and agreements contained in this <br />Deed Of Trust, or In arty prior mortgage or dead of trust. of if any action or proceeding Is commenced which materially affects contained in t ins <br />tweet in the Property. Including, but not limited to. eminent domain proceedings, or proceedings Involving a decedent, or if Trustor falls to pay <br />Truator'e debts gen91811y As they become duo, then Beneficiary, at Borteflclary's option and without notice to or demand upon Trustor and <br />without ►sieaalng Trustor from any obligation hereunder, may make such appearances. disburse such sums, and take such action as is <br />MCeeaary to protect Beneliclary'a lnteral. lrtfudfng. but not limited to, disbursement of reasonabtai attomsy's fin, payment, purchase, con- <br />test or compromise of any encumbrance. charge or lion, and entry upon the Property to make repairs. In the event that Trustor shall fail to <br />procure Insurance or to pay logos. assessmente, or any offer charges or to make any payments to existing prior Ilan totters or benslll fall t <br />Beneficiary may procure such Insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph tf shatl <br />become additional indebtedness. of Trustor secured by this Deed of Trust. Such amounts shall be payable upon rtoge/ from Beneficiary to <br />Trustorrequesting payment therso /, and shall bear interest from the date of disbursement at the rate payable from time tatimeon outstanding <br />principal under the Note unto" payment of Interest at such rate would be contrary to applicable law, in which event such amounts shall bear in- <br />terest at the highest rate permissible under applicable law. Nothing contained In this Paragraph a shall require SOMIJCtary to Incur any expense <br />at take any action hereunder. <br />T. Ass%puaenl of Rents. Beneficiary shall have the right. power and authority during the continuance of this Deed of Trust to Colloct the rents, <br />Issues and profits of the Property and of any personal property located thereon with or without taking possession of the prop" affected <br />hereby, and Trustor hereby absolutely and unconditionally assigns ail such rants. Issues and profits to Beneficiary. Beneficiary, however; ft'M&f <br />consent* to the Trusters collection and retention of such rents, Issues and profits as they accrue and become payable so long as rrustar is FOL, <br />at such time, In default with respect to. payment of any Indebtedness secured hereby, or In the performance of any agreement hereunder. Upart <br />any such default, Beneficiary may at any time, either In person. by agent. or by a receiver to be appointed by a court, without notice and without <br />too" W the adequacy of any security for the indebtedness hereby secured. (a) enter upon and take possession of the Property or any part <br />tltesraoQ;"to its own name sue for or otherwise collect such rents, Issues and profits, indudin UT.ase: past due and unpaid. and apply the same, <br />Is" axs4 9x9snaes of operation and ea4t fan, including reasonable sitomsys f0M. War art indebtedness secured hereby, and In such <br />crdirratir SwerJa q• may determine; (b) pa .ww. much acts of repair or protection as ms-� te recedswy or proper to conserve the value of the <br />PrCO •: (4- ISM tft W rid or any part thentrB tkr such rental. term, and upon such ccndJfWs as its Judgment may dictate or terminate or ad- <br />lust tltrrneHMM1nd cartoitions starry existing 1"" or leases. Unless Trustor and Bensficfarir agree otherwise In writing, any application of rants, <br />Issum Ctprofits to any (ndebtedrreea secured hereby shall Imt extend or postpone the due date of the Installment payments as provided in said <br />prcmIrionty note of change the art:ount of such installments: The entering upon end ta.Rl:t; poaosatan of the Property, file cc+uiw;tkare of such <br />ran =w.��?G:i:B and �-cc �a3, end tneapplicatlOn thereof as aforesaid, shall not wilve or cute any defaultocRotice of default hereunder. or invalidate <br />any 6a duite pursuant to such notice. Trustor also Assigns to Beneficiary, as further security far the performance of the obligations secured <br />here�yti, <br />all prepaid rents and all monies which may have been or may hereafter be deposited with earl Trustor by any lessee of the Property, to <br />serur+atlte payment of any rent or damages, and upon default In the performance of any of the provisions hereof. Trustor agrees to deliver such <br />rMtrs and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of fte rtghts granted herein, to any tenant occupying said <br />Frarrrises shall be sufficient to require said tenant to pay said rent to the Beneficiary until fur:tTer rctica. <br />8. C"Alis lrnatloe.It title to any part of the Fs+sperly shall be taken Incgad4innatlon proceedings. try right of eminent domain or similar action, <br />or shall be sold under threat of condemnation, all awards, damages and pwomeds are hereby assigned and shall be paid to Beneficiary who shall <br />apply such awards„ damages and proceeds to file sum Secured by this Deed of Trust, WIRT. ilte excess, It any, paid 10T'c381or. It Trustor receives <br />any rMllce or other Information regarding such actions or proceedings, Trustor straJf Qlvs prompt written natir.n'thereof to Beneficiay. <br />66WICiary shall be entitled, at Its COW. to commence, appear In and prosecute In its awns name any such aetlOn err proceedings and shall be <br />entift1to makeany compromise or settlement in connectlartwith any such action or proceedings. <br />9. Xwmm fee Not Exaboh e, Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any Indebted. <br />ness or obligations secured hereby and to exercise all rights and powers under this 000 of Trust or under anyother agreement executed In con- <br />nection herewith or any laws now or hereafter In force, not - withstanding some or all of (ire such indebtedness and obligations secured hereby <br />may nary or hereafter be otherwise secured, whether by mortgage. deed of trust, pledger; ll,tn. assignment cr otherwise. NSither the acceptance <br />of this Deed of Trust nor Its enfamement whether by court action or pursuant to the: pawner of sale or other powers herein contained, shall <br />Prejudice or In any manner affect Trustee's or Beneficiary's right to rsallte upon or enfor� -w eny other encurlty now or hereater held by Trustee or <br />Beneficiary. It baln4arsed that Trustee and BeneflC(Ary, and each of them..shall be ent,'116 f to enfoowthle Deed of Trust and any-Wher security <br />now or hersafterhietd My Beneficiary or Trustee to such order and manner as May orelther of them may In their absolute discretion determine. No <br />remedy herein costrsrrad upon or reserved to ToMee or Beneficiary is Intended to be exclusive of any other remedy herein or by law provided or <br />permitted. but each shall be eumuf4VIve and shall be to addition to every other remedy glvsn hereunder or now or hersefty existing at law or In <br />equlty 01' 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 />othKwfse entitled, may bs exerctsratt, concurrently or Independently, from time to Mo and as often as may be deemed expedient by Trustee or <br />Beneficiary and either of them may Pursue frctarrsistent remedies. Nothing, hera;tt shalt be construed as prohibiting Beneficiary hu =a seeking a <br />dellclenoy Judgment against the Trustor to the extent such action Is pe(mitj`,Qd by iqw.. , " <br />10. Transfer of No Property; Asomaption. if aif or any part of the property or ang lir(ilmst thsretn Is sold, transterred Or core- ed by Trustor <br />without Beneflclary'S prior written consent, excluding (a) the creation of alien of encumbrance subordinate to thlu Dead cf Trust,,, j the creation <br />Of a purchase money security Intensst for household appliances. (c) a transfer b)j, deli W,-darcent or by operation of taw upon Me death of a joint <br />tenant or(d) the grant of any Isavftid Interest of three years or less not confritn(ng an agtton to purchase, Beneficiary may, at Beneficiary's op• <br />tlon, declare all the sums aecursd by this Owe($ of Trust to be Immedatey due Arid oavable, or• cause the Trustee to life a notice of default. <br />8e0911clary shalt hart* waived such option to, ar:r;eferate It, prior to the sale. Transfer or conveyance. Beneficiary and the pervert to whom the <br />properly Is to be said Or transferred reach agreement in writing that the credit of such person Is satisfactory to Beneficiary and that the <br />Initroo psyabteon the Sums secured by this Deed of Trust shall beat such rate ss Beneficiary shall request. <br />It. e cw Av.sriscallen <br />new Tryon DNanIC ins or a to Sao. Upon dell Butt by Trustor In the payment of or performance of tits terms and conditions of the <br />Note, err any renewals, modl}fcatfons or extansiona thereof, Or the payment of any other indebtedness secured hereby or In the performance of <br />any of the covenants err agreements hereunder, Beneficiary may declare all SUMS secured hereby Immediately due and payable and the same <br />shall thereupon be=" duo and payable without presentment. demand, prulest or notice of any kind. Ttnereaftsr, Beneficiary may deliver to <br />Trustee a written declaration of default and demand for sale- Trustee Shall ►Taos the power of $ate of the Property and It Bonellet" decides the <br />P70DWY is 110 be sold it Shall depoalt with Truster! this Deed of Trust and the Note or notes and any other documents evidencing expenditures <br />"eLved hereby, and shall dollmi'to Trustee a w; Itten notice of default and election t o cause the Properly to be sold, and Trustee, to turn, shall <br />prepay s similar noflce In the form rvequired by taw which shall be duly filed for record by Ttirstes. <br />Sill having bbelin givens such <br />required by a , Trrequired ee' witthout demand on Tniaetnr, ahal. ellltts Property n one or more parteta arsfl In such Notice <br />order <br />as Trustor may determine on the Oats and at the time and place designated In said Notice df $ale. at public auction to the ft.tgt}est bidder, the <br />pu►x:hawse price payable In cash In lawful money of the United States at the time of sate. The person conducting the safe, may, for arty cause he of <br />shsf dttems expedient, postpone the safe from time to time until It shall be completed and, in every such case. Wits of postponement shall be <br />9lvem ty public declaration thereof by Such person at the time and place last appointed for the onto; provided. If the sais is postponed for longer <br />than dme 11) day beyond the day designated in the Notice of Sate. notice thereof shall be given In the sine manner as the original Notice of Sale. <br />Trustee shaft execute and deliver to the purchaser Its Dead conveying the Properly so sold, but wlihouo. any covenant or warranty. express, or <br />implied. The recftsfe In the Deed of any matters or facts shalt be conclusive proof of the truthfulness thereof. Any person, Including without <br />flrttllatlon Beneficiary or Tiustse, may purchase at the sale. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the safe to payment of the costs and expenses of <br />exercising 11110 power of sale andof the sale. Including, without limitation, the payment Of Trustee's Fees Incurred, which Trustee's Fees shall not <br />In the aggregatS exceed the f0ti0wtn9 @mounts b"--d U00-1 Ilea arnaunt sscused hereby and remaining unpaid. 5 percontum on the balance <br />thereof; and then to the Items Sol forth In subparagraph (c) hereof In the order therein stated. <br />0. <br />a <br />r-° <br />h�. <br />f <br />1!: <br />7, <br />ti v <br />I __ <br />