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�'T F1.°1r�'�x: �tp �.. =x. N prz :;,r•:.+,.,� "�-- aw.s6 -rw .�'c., z'::.: r-r .... €�• _ _ _ _ _ . .. _ .. <br />y <br />89-- <br />exs -Asse�ni«+ir w+d CUWVv. Trustor shall pey alf Taxes, assessments aid other doges, includiag. without I'inilolion. Cues and im- <br />posif ions of tabulable to the Property, and leasehold payments or ground rents, if my, before the same become delinquent. Trustor sholf promp- <br />tly furnish to fienefickry all notices of amounts due under this paragraph, and in the event ?ruslar shall make payment directly. Trustor shall <br />promptly furnish to Beneficiary ncceipis evidencing such payments. Truster shall pay all tames and assessments which may be levied upon <br />Beneficiary's interest herein or upon this Deed of Trust vrill,out regard to any low that may be enacted imposing payment of the whole or any <br />part thereof upon the Beneficiary. <br />6. Additional Usne and Protectktrs of flenefk{ary's Security. Truslor shall make all payments of interest and principal and payments of any <br />other charges, fees and expenses contracted to be paid to arty existing liednolders or prior besne('ic(aries under any prior deed of trust or mor- <br />tgage before lite dote they are delinquent and promptly pay arid discharge any and all other liens, claims or charges which may jeopardize Ilse <br />security granted Iserein. If T:.sslor foils to make any such payment or fails to perform my of the covenanis,aid agreements contained in this <br />Deed of Trutt, or in any prior mortgage or deed of trust, of if any action or proceeding is comatenced which materially affects Beneficiary's in- <br />terest in the P, nperty, including, but not limited to, eminent domain proceedings, or proceedings involving n deceit. jent, or if Truslor foils to pay <br />Truslor's debts generally as they become due, then Beneficiary, of Beneficiary's option and without notice to or demand upon Trvslar and <br />without releasing Trustor from any obligation hereunder, may make such appearances, disburse such suns, avid lake such action as is necessary <br />to protect Beneficiary's interest including, bur► no! limited to, disbursement of reasonable attorney's fees, payment, purchase, conlesi or com- <br />promise of any encumbrance, charge or lien, and entry upon file Property to make repairs. In tine event that Truslor shall foil to procure in- <br />wrrtrce or to fray taxes, mssestmenis, or any other charges or to make any paymenls to existing prior lien holders or beneficiaries. Beneficiary <br />may procure such insurance and make such payment. Any mrnosmis disbursed by Beneficiary Pursuant to this Paragraph 6 Shall became trkdiliontil <br />indebtedness of Truster secured by this Deed of Trust. Such amounts shall be payable upon nolke from Beneficiary to Truslor requesting pay- <br />ment thereof, and shall bear interest from the date of disbursement of fine rate payable from time to time on oulsiondirng principal under lite <br />Note unless payment of interest of st,ch rote would be conlrary to applicable law, in which event such omosmts slmll bear interesi of live highest <br />rate permissible under applicable law. Nothing contnined in this Pcresrnph 6 shall require Beneficiary to incur any expense or lake any octiou <br />hereunder. <br />7. Assignment of Rents. Beneficiory slant have flip right, power and oullmrily during five canlirnxxce of flocs Deed of crust to called the <br />rents, issues and profits of the Property mud of any persona 11_!y located thereon will, or without coking possession of Ilne properly affected <br />hereby, and Truslor hereby absolutely and unconditionally assigns el! such rents, issues and profits to Deneficiory. Beneficiary, however, hereby <br />consents to the Truslor's collection nnrl retention o: such rents, issues and profits as they occrue and become payable so long us Trustor is rmi. <br />of such lime, in default with respect to payment a' any indebtedness secured hereby, or in file performance of any agreement hereunder. Upon <br />any such default, Beneficiary may of any time, either in person, by agent, or by receiver to be oppoinled by o coat, without notice and without <br />regard to the ocequacy of any security for the indebtedness hereby secured, (a) enter upon and lake possession of the Properly or any port <br />Ihereol, and ir, its own Prime sue for or otherwise collect such rents, issues and profits, including those post due and unpaid, and apply the some, <br />less costs and expenses of operation and collection, including reasonable attorneys fees, upat any indebtedness secured hereby, and in such <br />order as Beneficiary may determine; (b) perform such acts of repair or protection as may he necessary or proper to conserve tine value of file <br />Property; (cl !ease the some or uny part thereof for such rental, term, and upon such conditions os its judgment may dictate or lerminate of c•l- <br />just the terms and conditions of any existing !ease or leases. Unless Truslor aril Denrikirry agree otherwise in wrilisg, any application of rents, <br />ir:ues or p.ofils to any indebtedness secured hereby sir-11 not extend or postpone fine due date of the installment payments as provided in said <br />promissory note or change the amount of such installments. The entering upon and Inking possession of the Property, lite collection of such <br />rents, issues and profits, and lite application thereof as nforesoid, shall not waive or cure any default or Police of default hereurxler, at in- <br />validate n,ny act done pursuant to such notice. Tr.-s!or also assigns to Beneficiary, as further security for the performance of the obligations <br />secured hereby, all prepaid rents rind all monies which may have be ,!n or may hereafter be deposiled with said Trustor by any lessee of the Pro. <br />per ty, to secure the payment of any rent or damages, and upon default in lite performance of any of lite provisions hereof, Truslor ag,ees to <br />deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiory's exercise of flip rights granted herein, funny let.mnt oc. <br />cupying said premises sloll he sufficient to require said lenont to pny said rent to the Beneficiary until further notice. <br />8. Condemnation. If title !a tiny part of the Properly shall be taken in condemnation proceedings, by right of eminent domain or s(milu& action, <br />or shall be sold under Ihreal of condemnation, nil awards, domnges and proceeds are livreby assigned and shall be Po ri to Deneficinry who sft� 1, <br />opply such ownrds, donvnges mid proceeds to the sum secured by this Deed of Trust, with file excess, if nny, paid Io it is for. If Truslor receives <br />nny notice or other informntion regarding such actions or proceedings, Truslor shall give prompt written notice thereof to beneficiary. <br />Beneficiary shall be entitled, at its option, to commence, appear in rota prosecute in its own name (Illy such action or proceedings 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 tiny indebtedness or obligations secured <br />hereby and to exercise all rights and powers under !his Deed of Trust or under any other agreement executed in connection herewith or any laws <br />now or hereafter in force, notwithstanding some or ail of the such indebtedness and obligations secured hereby may now or hereafter be Whet - <br />wise secured, whether by morigoge, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shalt prejudice or in any manner affect <br />Beneficiary's right to realire upon or enforce any of -he.- security now or hereafter held by Beneficiary, it being agreed that Deneficinry shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary in such order and manner at it may in its ab- <br />s <br />olute discretion determine. No remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of any other 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 or now or hereofter <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 />otherwise entitled, may be exercised, concurrently or independently, from time to lime and as often as nay be deemed expedient Beneficiary <br />and it may pursue inconsislant remedies. Nothing herein shall be construed as prohibiting Deneficiory from seeking a delicier.y judgment against <br />the Trustor 10 the extent such action is permit led by low. <br />10. Transfer of Property; Assumption. If all or any par' of the properly or city intevesf therein is sold_ transferred or conveyed by ftuslor <br />wilhoul Beneficiary's prior written consent, excluding (ti) the creation of a lien or encumbrance subordinate to this Deed of Tvvsl, (b) five crea- <br />tion of it purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon fire death of o <br />jnint lenont or (d) the grant of anti leasehold interest of Three ycors or less not contnining on nption to purchase, Deneficiory mny, of <br />Beneficiary's option, declare all the sums secured by this Deed of Trust lobe immediately due and poytcble, or cause file Trustee to file o notice <br />of defoull. Beneficiary shall have waived such option 10 accelerate if, prior to the sate, transfer or conveyance, Deneliciury and the pet son to <br />whom live property is to be sold or transferred reach agreement in writing Thal the credit of such person is satisfactory to Deneliciury and that <br />Ilse irtteresl payable on the sums secured by this Deed of Trust shall be of such rate as Beneficiary shall mquesl. <br />