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89- .IO3738 S. Taxes. Asseset fs, end Oveles. Trustor shall pay all taxes, assessments and other charges, including, without limitation, fines and im- positions attributable to the Properly, and Ikasehold payments or ground rents, if any. before the some become delinquent. Trustor sholl promp- fly furnish to Bonetkkwy all notices of omowtis due under this paragraph, and In the event Trustor shall make payment directly, Trustor stall pror"Ily fvrnUh to Illene(kiory receipts evidencing such payments. Trustor stfahl pay all foxes and assessments which may be levied upon 1 lomficiory's interest herein or upon this Deed of Trust without regard to any low that may be enacted imposing payment of the what* or any perch thereof upon the Beneficiary, 6. AdrNetsel than and hetedia of Beeeficlttry'e Secwhy. Trustor shall make-oil payments of interost.and principal and payments of any other charges, fees and expenses contracted to be pMd to any existing ItenhoWers or prior beneficiaries under any prior deed of trust or mor- tgage before the dote they ore delinquent and promptly; pay, and discharge any and oil other liens, claims or charges which may jeopardize the security granted herein. If Trustor fails to make o ty1ttr)t,payment or fails to perform any of the covenants and agreements contained in this Deed of Trust, or in any prior mortgage ter dfred,af.trust, of If any action or proceeding is commenced which moteridlly effects Boneficiory's in- forest in the Property. impeding, but not(dmiled,to.,eminent domain proceedings, or proceedings involving a decondent, or ifirustor foils to pay Trustor': debts generally as they becormi due. then Beneficiary, of Beneficiary's option and without notice to or demand upon Trustor and vrithout releasing Trustor from any obligotian hereunder, may make such appearances, disburse such sums, ad. take such action as is necessary to protect Beneficiary's interest including, but, not limited to. disbursement of reasonable attorney's fees, poYttwt, purchase, contest ar cote- promise of any tocumbntnce, charge or Dan.. and entry upon the Property to make repairs. In the event that Trustor shell foil to procure in- sttronco or to pay taxes, assessments, or any, other charges or to rcwke any payments to existing prior lien hafders or boneNciaries. Beneficiary may procure such U..�uronce and make such payment. Any announts disbursed by Beneficiary pursuant to this Paragraph 6 shdlbecome o&dl':t'ia nal indebtedness of Trtatgr secured by this Deed of Trust. Such amounts shall be payable upon notice from Brae Wbry to Truster requesC°nrn pay- ment thereof, and shall bear interest from the date of disbursement at the rate payable from time to tiro + m outstanding pi cipol wt6# the Note unless payment of Interest at such rate would be cordrory to applicable law, in which event svzlx ar7,W `r! sholl bear inrcrest of the highest role permissible under applicable low. Nothing contained in this Paragraph 6 shall require Beneficiary io iw. any expense or take any oction hereunder. 7. Assifinatent of Rents. Beneficiary shall have the right, power and authority during the continuance of' this Deed of Trust to ctt::ect the rents. issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected hereby. and Trustor hereby absolutely aWwi6onditionally assigns oil such rents, issues and profits to Beneficiary. Beneficiary, however. hereby consents to the Truster's collection and retltntion of such rents, issues and profits as they accrue and become payable so long as Truster is not. at such time. in default with respect to payment of any indobledrtoss secured hereby, or in the performance of any agreement hereurrdor. Upon any such default. Beneficiary may at any time, either in person, by agent, or by receiver to be appointed by a court, without notice and without regard to the adeguoty of any security for the indebtedness hereby secured. (a) enter upon and take possession of the Properly or any part I thereof, and in its own none sue for or otherwise collect such rents. issues and profits. including those past due and unpaid. aril apply the some, I Mss costs and expenses of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such w 9=f;v;fww wAftu ,.1,. f.-r., ; (Lt ~fnn» mirk wit of rennin or oratection as may. be necessary or Proper to conserve 1hte value of the _ -- Properrys (c) lease the same or any part thereof for such rental, term, and upon such conditions as its judgment may dictate or terminate or ad- just the terms and conditions of any existing teas@ or looses. Unless Trustor and Beneficiary agree otherwise in writing, any applicotion of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due dote of the installment payments, as provided in said promissory note or chase the amount of such installments. The entering upon and toning possession of the Properly, Hhe'W16t(eri of sirch — - rents. issues and profits, and the application thereof as aforesaid. shall not waive or cur@ any default or notice of default hereunder, or in• volidote any act dam pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performamu:e.of the obligations secured hereby. alf prepaid rents and oil monies which may hove been or may hereafter be deparsitei with said Trustor by -arty lessee of the Pro - perty. to secure the payment of any rent or domopes, and upon de(oult'in the performance of any of the provisions hereof, Trustor agrees to dole w.. such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant oc- c%Witg said premises shall be sufficient to require said Conant to pay said rent to tite Beneficiary until further notice. S' sademostlele. if title to any part of the Property shall be taken in condemnation proceedings, by right of ominertt domain fi similar action) or shag be sWurOor threat of cadertxtotion, all awards, domrages and proceeds are hereby assigned and shall be paid to Beneficiary who shoes aWf such award's. damages and proceeds to the sum sowed by this Deed of Trust, with the excess, if any, poid to Trustor. If Trustor receives l omy notice or other information regarding such actions or proceedings. Trustor shall give prompt written notice thereof to beneficiary. Bertefic'rory shcobe entitled, of its option, to commence, oppeor in onp.prosecute in its own name any such action or proceedings and shall be en- filled to make any.,compromise or settlement in connection with any suds action or proceedings. ± 9. Renauirt'i tfit Exclusive. Beneficiary shot! be entitled to enforce . payment and performance of any indebtedness. ar obligalions secured hereby and to exercise all rights and powers under this Deed of Trust or under any; other agreement executed in connection f erewith or any laws now or hereafter in force, notwithstanding some or d ind l of the such ebtedrness and obligations secured hereby may now or hereafter ba'pther- wise secured, whether by mortgage, deed of trust, pledge, lien. assiprient or otherwise. neither the occeplonce of this: Deed of Trust nor its enforcement whether by court action or pursuant to the power of safe or other powers herein contained, shall prejudice or in any manner oflect Beiveficktry's V40 to realize upon or enforce any other security now or hereafter held by Beneficiary, it being agreed fhal Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary in such order and monner as it may in its ob- s"o discretion dojo nfitte. th remedy trereie conferred upon or reserved to Beneficiary is intended to be exclusive of any other remedy herein or by low provided or permitted, but each sholl be cumulative and sholl be in addition to every other remedy given hereunder or now or hereof ter existing of 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 otherwise omitted, moy be exercised, concurrently or independently, from time to time aril as often as may be deemed expedient Beneficiary and it ahoy pursue'inconsisiant ronwd;es. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by low. 10. Transfer of hop"# Asompthrr. if all or any port of the property or any interest therein is sold. transferred or conveyed by Trustor uOhout soneficiary's prior written consent, exckiding (a) the creation of o lion or encumbrance subordinate to this Deed of Trust, IN the creo- lion of o purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of tow upon the death of a jaunt le+tont or (d) the grant of any leasehold interest of live@ years or less not containing on option to purchase. Beneficiary may, of � Beneficiary s option, doclare all the sums secured by this Deed of Trust to be immediately due and payable, or cause the Trustee to file, o notice of default. Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer or conveyance. Beneficiary and tt,e person to whom the properly is to be sold or transferred reach ogreemeni in writing cheat the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be al such tole as Beneficiary shall request. r' IMP W