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<br />89- 402524
<br />a Additional liens. Trustor shall make all payments of Interest and-principal and payments of any other Charges, fees. and expenses
<br />contracted to be paid to any existing lien holders or prior beneficiaries under any prior Trust Deed. Mortgage or other security agreement•
<br />before the date they are delinquent and to pay any other claim which jeopardizes the security granted herein.
<br />9. Protection of Beneficiary's Security. Should Trustor tall to make any payment, fail to do any act as herein provided, or it any action or
<br />proceedin# is comfoorticedwhich materially affects Beneficiary's interest in the Property. Including, but not limited to, eminent domain. in-
<br />solvency, arrangernents`or proceedings involving a bankrupt or decedent, then Beneficiary or Trustee but without obligation to do so. and
<br />without notice to or demand upon Trustor, and without releasing Trustor from any obligation hereunder. may make or do the same. and may
<br />pay, purchase, contest or compromise any encumbrance, charge or lien, which in the judgment of either appears to affect said Property: in
<br />exercising any such powers the Beneficiary or Trustee may Incur any liability and expend whatever amounts, includin j disbursements of
<br />reasonable attorney's tees, which in their absolute discretion, may be necessary. In the event that Trustor shall fail to procure insurance or to
<br />pay taxes. and special assessments or to make any payments to existing or prior lien holders or beneficiaries, the Beneficiary may procure
<br />such insurance and make such payments. All sums incurred or expended by Beneficiary or Trustee in accordanre with the provisions of this
<br />Trust Deed are secured hereby and. without demand, shall be imrriediately due and payable by Trustor and shall bear interest at the maximum
<br />allowable legal rate; provided• however, that at the option of Beneficiary or Trustee such sums may be added to the principal balance of any
<br />indebtedness secured hereby and shall bear the same interest as such Indebtedness and shall be payable ratably over the remaining term
<br />thereof.
<br />10. Assignment of Re•s. Beneficiary shall have th? right, power and authority during the continuarca o` tt%is Trust Deed to collect the
<br />*.111S, ISSLes and profile o• the Property and of any personal property located thereon with or wlth'3L 2akirg possess•on ct the property
<br />affect/ • i =-'er. an' Trustc' hereby absolutely and unconditionally assigns all such rents. Issues and ;.:c`as to 2? :J3 :Y iary. Beneficiary.
<br />however, ! •_ :. co . ?hts ro `e - ,ustor roilpction and retenticr• �' svch rents. issues an¢ r - --fifs as they accrue ard. ba.:: .fe payable So
<br />long as Tr•:,ctc -;s rot. a` t._,zn times, in default with respect to pa., -.e" _f anti indebte(' • ss secured hereby or in t ^.e ;y=- icrrnance of any
<br />agreement ttera•.,1der. a- any such default. Beneficiary may at ar- ,� e•:rsr n rkrc cy agent. or by a receiver to ae aipo:n•rC'by a
<br />court. without rotica a- wk:!hout regard to the adequacy of any sue_ :. `J' the ^Ccrvcdness hereby secured, (a) enter " =—'a. 3 ^: 'ak2
<br />possession of e part thereof, and In Its own name sue `or or c :'•s•-.rise co_ :yz! ssch rents :slues and pro+ :IS.
<br />past due ar=e _nz :,. a rc ,.:ply the same, less costs and expenses r := operation and collect-,-., ^eluding reasonable attzmey fees. upon any
<br />Indebtedness 'sac_- 'ia-eby, and in such order as Beneficiary may determine: (b) pertcrr•r .Ch acts of repair or protection as may be
<br />necessary er p-opei t;� zx.serve the value of the Property: (c) lease the same or any part the r^° for such rental, term, and upon such condi-
<br />tions as Its fudgmer! -a rictate. Unless Trustor and Beneficiary agree otherwise in writing, any apphcat'cli of rents, issues or profits to any
<br />indebtedness secured � ,a-aby shall not extend or postpone the due date of the installment payments as C::,.tded in said promissory note or
<br />change the amount of such Installments. The entering upon and taking possession of the Property. the cc ' ection of such rents, Issues and
<br />profits, arC tn, =application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate any act done
<br />pursuant tc 5,.:h notice. Trustor also assigns to Beneficiary. as ^_rther security for the performance of the obligations secured hereby, all
<br />prepaid rer'.s and all monies which may have been or may herea'':r be deposited with said Trustor by any lessee of the Property, to secure
<br />!7e payment of any re— *. and upon default In the -- ee)rmance c' any of the provisions hereof, Trustor agrees to deliver such rents and
<br />' uposits to the Benef, -s
<br />:',.: Delivery of written not,ce of Beneficiary's exerc'se of the rights granted herein, to any tenant occupying said
<br />remises shall be suff-. :,si,n `p require said tenant to pay said rent to the ;iary until further notice.
<br />it. leased Preml f;: dad :S;after demand. Trustor shad furnish to Trustee a schedule certified to be true. se'•: ^3 forth all leases
<br />of space in the Trust Pr_:' •• "-as 1- elect, Including, In each case, the name of the tena'','S and occupants, a des., vi 3,v of the space
<br />occupied by such tenar. the rental payable for such space and such other information and documents w'~ respect to such
<br />leases and tenancies ac s Trustee may request
<br />Without the prior a -,tten consent of Trustee. Trustor shall not, directly or indirectly, with respect to any lease of space in the described
<br />premises. whether such lease is now or hereafter in existence. (a) accept or permit any prepayment, discount or advance rent payable
<br />thereunder' (b) cancel or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which
<br />would entitle the lessee there ender to tenrnate or cancel the same: (c) amend or mrldify the same so as to reduce the term thereof, the ientat
<br />payable Ihereunder, or to change any renewal provisions therein contained; (d) waive any default thereunder or breach thereof; (e) give any
<br />consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which would have the ef-
<br />fect of impairing the va'1e of lessor's Interest thereunder, on the Property subject thereto. or of impairing the position or interest of the
<br />Trustee or Beneficiary. .`i sell, assign, pledge. mortgage or other,t. se dispose of, or encumber, its interest in any such lease or any rents.
<br />Issues or profits issuir,; ,:• 'arising thereunder.
<br />12. Cacrdemnatlon. if title to any ,_a-i of the Property shall be 'c' in in condemnation proceedings, by right of eminer° domain or similar
<br />action, cr :Pali be sold under thrGc: c! candemnabon, an a ter_- s. damages and proceeds are hereby assigned s,,d shall be paid to
<br />Beneficiary who shall apply such a iva -:s, damages and procee :s:'he sums secured by the Trust Deed. with the excess. if any, pz,; 5 fo the
<br />Trustor Trustor will prorl n'fy, and with due drhgenc- 'epair, ar'er and restore ire remaining part of the Trust Property to its former _ct+di' ion
<br />substantially to the exte,! that the same may be as 9!e and so as to constitute a complete and usable unit.
<br />13. Future Advances. Upon request of Trustor, 8e' 'coca;. a, 3eneficiary's option, prior to reconveyance of the Property to the Trustor,
<br />may make f uture advances to the Trustor. Such future advar a° s Z i n interest thereon, shall be secured by this Trust Deed when evidenced by
<br />promissory notes stating that said notes are secured hereby. Tided that at no time shall the secured principal, future advances, not in•
<br />eluding sums advanced t,: protect the security, ex =_ 1;: one hundred percent (100 %) of the original principal amounts secured hercbr
<br />14 Remedies Curnutslivs. AN remedies prov'c:y_ this Trust Deed are distinct and cumulative to any other right or remedy txnd sr this
<br />Trust Deed or afforded t, caw or equity, and rr,a,' z s iexemised concurrently. Independently or successively
<br />15. Acceleration; Remedies; Sale- txori deta , l Trustor in the payment of any Indebtedness secured hereby or in the performance of
<br />any agreemen! hereunder. Beneficiarf may declare r ' sums secured hereby Immediately J;;,e and payable by delivery to Trustee of written
<br />declaration of default The Trustee shall have the p1_s•r of sale of the Proper : -,, and t1 Bene!,ciary desires the Property to be sold, it shall
<br />deposit with Trustee fhr< 7' ,sl Deed and all promissci;• notes and documert- ' , dencing expenditures secured hereby. and shall delver to
<br />Trustee a written nct i•a •.+ default and election to cause the Property to be sc -.d. and the Trustee In turn srai ` prepare a similar Ncl 4e in the
<br />form required by laic nl'.ch shall be duly filed for record by Trustee
<br />(a) After the lapse of such time as may be required by law following the recordation of said notice of default, and ne'rce of default and
<br />notice of sale having been given as required by raw. Trustee, without demand on Trustor, shall sell the Property :n the date and at 'hie
<br />time and place designated in said notice of sale. at public auction to tre `'ghest bidder, the purchase price pay a::'? :n lawful money of
<br />the United States Vthe time of sale. The person conducting the sale ma-, for any cause he deeMS• , o edient. pcs'pone the !iaie fro:r'
<br />time to time unto hl shall be completed and. in every such case. notice :f I:ostponement Shall be,.,,, a ;r py public declaration 1 net(:'of by
<br />such person at tr.a'Ime and place last appointed for the safe. provicel. 1-the sale is postponed for anger than c-e ill day hej':n4 file
<br />dac ;usignated in the notice of sale. notice thereof shall be ;:ven In tie Same manner as the original Police ` s 'e Trustee shall r,:.•
<br />ec ar_ .init de ;+ver to the purchaser his Deed conveying In,-, Property slid, but w'rti-out any covenant or warra-, ";. express, or imp!.ed
<br />Teri ,petals : ^ ire Deed of any 'matters or facts shall be conclusiva proof �r ire truthfulness thereof. Any person, includ:. g
<br />gelwticiar, nldy {.)!chase at the sale. ,.
<br />lb) V41,en Tru•Si,;e pursuant to the powers herein, the Trustee shall appn the prc� r-zCsof the sa1e to payment of the costs and ex•
<br />per•ses of exercising the power of sale and of the sale. Including the payment of tip fr.;stee's Fees actually incurred, and then to tre
<br />itc-:-5 In subparagraph (c) in the order there stated
<br />(c) Aftet paying the item& specified in subparagraph (b) it the sale Is by Trustee. of the proper court and other costs of foreclosure and
<br />sale it the sale is pursuant to judicial foreclosure. the proceeds of sale shalt be applied in the order stated to the payment of
<br />(I) Cost of any eoiaence of title procured In connection rodh such safe and of any revenue stamps.
<br />piI Air suns, then secured tle.eby.
<br />pit) Taff fernaindrer• if anv, tb the person legallf entitled thereto
<br />16 Duties and Obligations of Trustee. tai The dulraq aril obtiganoris of Trustee Shall be deterrh.•rPd Sbt(-ly by thf° P•; +'till t3tnJlst3 ns r°
<br />fhr, Tru',t t)e'"1 aril! Tru•,hj—,hail n',! bi• flu thf• pfrlo•rr,a't'. t- f•f Su'_' dullf's Lin" C- bhgatfp �, as arf, Kt+et'rht all, af•j fnrth hi.t ?in•
<br />fritl no,mpbfrrl!-t.t?nant, or nhhga.ibns Shall he in3pbSr -d uGSn Tru <.tr•n. ilei Of ,h35 TruS' feet} Shad requl't. Tr_isteE• to t'xt,rvnt i-
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