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1 <br />89-1014 2 <br />7. The Bentfxcxtry the right, power and authority during the continuance of this Deed of Trust to collect the rents, issues and <br />y eg <br />profits of the property and of aq personal property located tbereoa with or without taking possession of the property affected hereby, and Trustors <br />hereby absolutely and unconditionally assign all such rents, insa sad profits to the beneficiary. The beneficiary, however, hereby consents to <br />Trutort' collection W retation of sick reads, iotmes and profits, so long u Trusters are not, at such time, is default with respect to payseat of <br />any indebtednea sewed bereby, or is tie performmsce of my agreement hereunder. If may event of default described hereafter in respect to this <br />!Feed of Trust shall have ocemed and be caatieving, the Beneficiary, a a matter of right sad without notice to Trustors or anyone claming under <br />Traitors, sad withat retard to the value of the trust estate or the interest of the Tr<rstora thereim, shall have, the right to apply to any carat <br />having jurisdiction, to appoint a receiver of the property. <br />'•; r <br />>. Sfe Beneticimsy, or',' <br />r ,L:agents, art satbrised to'itsrat say reasamable."ia� � ia:�:gr cf the property for the s�� <br />n of pesftixaiws any °;>r rests they s a t •gezrs he terra of any keno instruknts e�vgtt:: <br />1. If all er say part of, tPm property or uy interest of Trustors is sold, tamfetreal'or further encumbered witbaat the written consent of the <br />Beneficiary, the Beseficiary say declare all sits secured by this Trust Deed to be immediately due and payable and proceed to the remedial available <br />to it m,der the default provisions coatained herein. <br />ID. Any of the following events shall be deemed an event of default hereunder: <br />a. Tromtorm skill have failed to make payment of any installment of principal or interest or any other suss secured hereby when due; <br />b. There ku ommed a breach of or default under any ters, covenant, agreement, coaditiom, previsiai, rwesestatiam or ruruty contaised <br />is tkim had of Trott, the tote or may other lots instrument secured hereby; <br />c. there hu been a Qefautt by the Trwtors is the payment of hey prior or subsequent lien or encmmbramce is respect to all or any part of <br />tie Property; <br />d. Ttustors skill file a voluntary petition it bankruptcy or shall be adjudicated haskrupt or insolvent, or shall sake as usigememt for the <br />benefit of creditors is respect to the property; or an action to enforce any lien or encumbrance or judgements against the property, is <br />casmenced. <br />. It. In the event of any default, the Beneficiary may declare all indebtedness secured hereby to be due and payable mid the out shall thereupon, <br />become due sad payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary Buy. <br />a. either in person or by agent, with os without bringing any action or proceeding, or by receiver appointed by a coact and without regard to the <br />adequey of any seciaity, enter upon and take possession of tie property, or W part thereof, in its an name or in the use of the Trustee, and <br />do any acts which it deems necessary ad desirable to preserve the value, marketability or rentability of the property, or part thereof, or <br />interest therein, imerame the iscome therefrom or protect the security hereof ad, without taking possession of the property, sae for or <br />otherwise collect the rents, issues aid profits thereof, including those past due and unpaid, and apply the same, lees costs and eapesses of <br />operation and collection, including attorney fees, upon any indebtedness secured hereby, all is such order gem the Beneficiary may d"~..ersiu. The <br />entering upon and taking possession of the trust estate, the collection of such rents, issues and profits and application thereof an afo arid- <br />sball not cure or wive ant+ 6efult of notice of defauitt lnerewder or itvalidate arm wt sad in response to such default or pursuant to suet. <br />notice o.° default and notwithstuding the continuance iz ,po.session of the proper"; C-- 16e collection, receipt and application of rents, inam cr <br />profits, Tiwa tie or the Beneficiary may re Witted to exercise every right provided for in any of the Ion instruments or by lav upon occurrence <br />of any eves:; xf default, including the rf& to exercise the power cf s4i; <br />b. commence 'an action tr faeclose this Deed of Trust as a mortgage, Appoint a receiver, or specifically enforce any of the coveaauts bereo?, <br />c. deliver to Trustee a written declaration of default sad demand for sale, and a written notice of default sad election to cause Tratou, <br />interest is t *: property to be sold, which notice Trustee shall cause to be duly filed for record in the official records of the county in vr_cb <br />the property is located. <br />12. Should the Beneficiary elect to foreclose by exerclsa if the pcver of sale hers::: contained, the Beneficiary shall notify Ttis:te a.'d: <br />d,". it with Trustee this Deed a9 Trust and the note and tub "receipts and evidence of expenditures made and secured hereby as Trustee sag. rhgv:im, <br />aai sport revr_et of the Beneficiary, the Trustee shall cause to be recor"e:, published and delivered to Truster such Notice of Degtult aid NotIM of <br />Ulf as ft" Taglited by law ud by this M c. Trust. Trustee shall w thout demand on Truster, after such time as may then be regLdTed Eq 1& and <br />O'A� recordation of such ktice of Default and after Notice of Sale having been given as required by law, sell the property at the time and ;'=? cf <br />sale fixed by it in such Not'CP of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, ad in suet, criar <br />as it may determice, at public auction to the highest bidder for cash and shall delivei to such purchaser or purchasers thereof a deed to the pr:�jvrty <br />sold, consistent with the law then in effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements cede <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including but not <br />limited to trustee's fees of not sore than 2% of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all sues secured <br />by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, including the Beneficiary, my <br />purchase mid property at said sale. Trustee my in the Maser provided by law, postpone sale of all or my portion of the property. <br />13 Trustee and the Btaefi!?ery, and each of they-, shall be entitled to enforce payment awl performance of say indebtedness or obligation second <br />hereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other agreement or say laws nor or hereafter <br />enforced notwithttand.W sole or all of the indebtedness and obligations secured hereby which may now or hereafter be otherwise secured, whether by <br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court <br />action or pmot ti tie pcver of sale or v1e. powers herein contained, i:Wl prejudice or in any mnner affect trustee's or the Beneficiary's right <br />to realize �§% or 7�'=e avr ather securi ".y nX or hereafter held by Tzzxt :- t:e Eaeficiary, it being agreed that Trustee aid the BanalW-trg. <br />sal+ ac:r of fast, ILLI to itrki?tled to e.1t -ce tt s ;rid at Trost ad WJ- -ti-bL- a - itg: rim x wz& ter held by the Eenef Wary or Trustee ii. -%0, <br />otter and .r. !!, as the rr'li their aU hate c :sctetidn deteriine. ,.k ruing herein =1etred ;Nyz cr reserved to Trustee or L�E:. . <br />tLtnM fr tt idt3asit+ rx tj other resit i Ereia or by to prov did ar pemitted, t=, each shall 'bv mutative and shall ie ir_ sdditiz vfery <br />:!,ter remedy given hereew sc now or hereafter existing at law or equity or by statcte. Every paver or remedy given by any of L!n loan instruments <br />to Trustee or the Beaeficia y cr to which either of them say be otherwise entitled may be exercised, concurrently or independently, from tine to tine <br />L and as oftes as may be deemed expedient by Trustee or Beaeficiary, and either of them may, pursue inconsistent remedies. Nothing herein shall be <br />carstrced as prahihiting the Beneficiary fro seeking a deficiency judgement against Trustors to the extent such action is permitted by law. <br />ll. Trwstors bereby requ`at a copy of any notice of default aid that any notice of sale hereunder be sailed to Trustors at the address set forth <br />in the first paragraph of this Dirt of Trust. <br />-i� <br />T <br />' 1• <br />7. <br />7 <br />L-- <br />t <br />111,u. <br />n <br />11 <br />