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<br />10. RlMEQIES N4'T E?cCf flSit<E. Trustees and Mrieficiaty, and each at them, shalt be entitled to enforce payment and performance of any
<br />[ndebledness o► 01114 900118 secured hereby and tt+exerciae au rights and powers under this Trust Dead or under any other agreement executed
<br />in connection herewith or any law$ now or hereafter In force, notwithstanding some or all of the such indebtedness and obligations secured
<br />hereby may now of hefeattef 00 otherwise secured, whether by mortgage, trust deed, pledge, lien, assignment or otherwise Neither the
<br />acceptantle ofthis Trust Mednor its anftircomenlwhether by court actionor pursuanitothe powerof sale or other powers herein contained, shall
<br />pteiudlr; eurinor► ymanneraffectTrusteo' sorSoneti ciary' sfighitorealizeuponorenforceanyothersecuritynoworhereafterheldbyTrusteeor .
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<br />Barroficiary. Itboing agisedthat Trustsitiand Beneficiary, andeacholthem. shall be entitled to enforce this Trust Dead and anyother security now
<br />or hereafter fold by Beneficiary or Trustee in,such order and manner as they or either of them may in their absolute discretion determine. No
<br />! remedy heroin conferred uponot reserved to Trustee or Reneliciair V is intended to be exclusive of any other comedy herein or by law provided or
<br />permitted, but each shall be currtirlptive and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in
<br />equity or by statute. Every power or,ifitmedy provided under this Trust peed to Trustee or Beneficiary or to which either of them may be otherwise
<br />entilled. may be exercised, concurlanity or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary
<br />and either of them may pursue utcionsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency
<br />judgment against the Ttuator to Chit extent such action is permitted by law.
<br />1 t TRANSFER OF THE PR$ItRRTY; ASSUMPTION. It all or any part of lin(s Property or interest therein it sold, transferred or otherwise
<br />conveyo4by Trustor without Bentifictyry's prior written consent, excluding (al -the creation of a lien or encumbrance subordinate to Vhft Trus4
<br />Dead. (b(atransfer by operation of law upon the death of a Trustor who is a jorM tenant or lc� the grant of any leasehold interest of three t8) yeatame
<br />less which does not contain an option to purchase. such action is a breach of this agreement, and Beneficiary may, at Beneficiary's cption,
<br />declare all the sums secured by this Trust Deed late immediately due and pavaNe, provided. further, this Trust Deed may, at Benefic4i' Y'a opliolt,
<br />be declared immediatNy due and payable, if (1) Trustor is a partnership and any interest in the partnership is sold or assigned by aIny means
<br />whatsoever, or (2) itlhe Trustor is a corporation and a transfer of the majority stock ownership interest in the corporation occurs, or the T,rustof
<br />corporation merges in any form with another corporation or entity. Beneficiary shall have waived such option to accelerate if, prior to t;se sake, .
<br />transfer or conveyance, Beneficiary andthe person to whomthe Property is lobe sold or transferred reach agreement in w riling that ihecredit*?
<br />such person is satisfactory to Beneficfaryand thatlhe interestpayable onthe sums secured bythlsTrusl Deed shall be alsuch rate asHimv+tistery
<br />shall request
<br />j 12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The tailure by the Trustor, to make any payment or to perform any of the terms arf
<br />i conditiaftof this Trust Deed. or the forms and conditions of the Note, or any renewals, modifications orextensions thereof. of lhefailufato make,
<br />paymentiol any other indebtedness, prior or subsequent to this Trust Deed, and secured by th is property. of the death of one or more Trusters shaly
<br />be a breach and default of this Trust Deed and the Beneficiary may declare a default and may declare o.!)-sums secured hereby immed4tely due
<br />end payable and the sterile Shall thereupon become clue and payable without presentment, demand, proteist: or notice of any kind. provitfe$. Trustor
<br />00111 htve any statutory right to cure the default before any notice of default and demand for sale may tm© delivered to the Trustee Thereafter;
<br />Benefrcl.,a +y may deliver to Trustee ai written declaration of default and demand for sale Tr�is ^or agrees and hereby grants that the Trustee shat P
<br />have shePpwer Of Salt of the Propettyand it Senef is I ary decides the Property is to be sold it rasal.. deposit with Trustee this Trust Dead and the Note
<br />i or notes and any other documentsow4iiincingexpendituressecucedhereby, andshall delivertoTrusteeawrtttennoticeofdefaultardelectionto
<br />SONS 1::C p %vjw..itirv,v6a> ill'. :lid Truaiae, m turn. 5i vaii prepare a simOar notice in the form required Dy taw. which shall be duly filed for record by
<br />Trustee.
<br />(a) After the lapse of such time as may be requ fired bylaw following the recordation of Notice of Default. and Notreeaf Default and Notice
<br />of Sale having been given as reQuitea by law. Trustee. without demand on Trustor, shall sell the Property, it melt edoemed. in one or
<br />j more parcels, and in such order as Trustee may determine on the date and the time and place designated-r? said Notice of Sale. at
<br />! public sucr, :�,-n•ar_cording to law
<br />(b) When Trut?"serlis pursuantlothe poweis heroin. Trustee shall applythe proceeds ofthosalOtO payment Of the costs and expenses
<br />of exercising the power off seals and of the sale• including, without limitation. attorney's fees and the payment of Trustee's Fees
<br />incurred, which Trustaels.i; ees shall not in the aggregateexceedthe following amo.unls based upon the amount secured hereby and
<br />i remaining unpaid althe time schedulsd!gr sale-5 percentum on the•baiance thereof, andlhen lathe items in subparagraph(c) in the
<br />order there Ir.:ateo.
<br />(c! -After paying the items specified in subparagraph (b). 4 the sale is by Trustee. or if the sale is pursuant to 4( :. 'vial foreclosure, the
<br />0i0ceeds of sale shall be applied in the following otdF°i'
<br />(t)' Cost of any evidence of title precufeo in conneChGi%-*ilh such sale and of any revenue transfer fee required to be paid.
<br />(2) All obligations secured by this Trust Reed-
<br />13) Junior trust deeds, mortgages, or otr�ly t•enholders..
<br />(4) The remainder, if any, to the person legacy ef' trIed twereto
<br />13. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary( may, from time to time. b'y a written instrument executed and acknowledged by -
<br />Beneficiary, mailed to Trustor and recorded inshe county or counties in which the Property Is located and by otherwise complying with the
<br />prey ;ions Of the applicable laws of the State othlebf aska substitute a successor or successors to the Trustee named herein or acting.hereunder.
<br />14. INSPECTIONS. Beneficiary, or its agents. representavvesoremployees', are authorizedto enter at any reasonabletime upon or in any part
<br />Of the Pto"illy for the purpose of inspecting the same and for th'ei;iurpose of performing any of the acts it IS auMOrized,10 perform under theterms
<br />Of tint Tni~tDeed.
<br />15. OPTION TOF01112 `LOSURE. Uponihe occurrence of any breach and uRtrn thedeclaratron ofdefault hereunder, Beneficiary shaft have the
<br />option to foreclose this Trust Deed in the manner provided by law for the foreclosure of mortgages on real property
<br />16. FOANXEARANCEBY BENEFICIARY OR TRUSTEE NOT. AWAIVER. Any forebeatance by Beneficiary or Trustee to exercising any right or
<br />remedy hereunder, or otherwise afforded by apPlIC11blillaw. shall not be a waiver of or Preclude the exercise of any such right or remedy Likewise.
<br />the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shall not be deemed to be a waiver of any other or similar
<br />defauus subsequently occurring
<br />17 BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or any other person liable for the payment of any
<br />Obl(gafion herein mentioned. and without offeepn(g the lien or charge of Ihi9 Trust Deed upon any portion of tho Property. Sea(rfiCiaty rnay. from
<br />I rmeto1, meandwithoutnoticeattherequestofoneOrmoreIfustors ,if)releaseanypersonliable (ig exterior or renew the maturity or alter any of
<br />that terms of any such obligations. (ni) grant other indulgences_ (tv) release at reconvey. or cause to be released or reconveye0 at any time at
<br />BlnefiCrary s option any parcel or all of the Property. lvl take or release any other or additional security for any obligation herein mentioned ;v.;
<br />make eeffle►nents or other arrangements with Trustor in relation (hereto All Trustors shalt be towily and severally Obligated and bound by rho
<br />sctwns Of the Benefrtisay or any one or more Trustor as stated (o this paragraph
<br />18 ATTORNEY FEES. COSTS ANO EXPENSES. the Beneficiary of thin Trust Deed is entdled in the pay -ens O► atrorn(,y f, fop!, casts .(rill
<br />exPlit'shs as 070dr(1e4 in this Trust Der►d. except as otherwise prohit (red t,y row
<br />19 I1[CONYETANCE By TRUSTEE Upon written revutt,l Of "11-01-r.ar
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<br />recr: ^4rayl6i'osTor Of I lie ( MGfi n (it 1JlT+ tl7nt' Qy3fiyCWdl edlrioKNUwthoutw(Irtwilit myfipr• Of,
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<br />r •et, :,MdeVance 61 any rnitters err fglry ghats Cry r.(rnL'lu; :vr+ qtr „,r ()l IM+ Iri,thrU'riri !,', f ^tai " ( Y' o t',u' ".'o J .[.. pn,(`v.( "i ( r .+
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