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1 <br />90- 105690 <br />S. Teelee, Anoweaft, M Chwiles. Truster shall pay all taxes, assess and other charges, including, without limitation, fines and im- <br />positions attributable to the Property, and leasehold payments or ground rents, if any, before the sane become delinquent. Truster shall promp- <br />tly furnish to bmfkkry all notices of amounts due under this paragraph, and in the event Truster shall make payment directly. Truster shall <br />protttptly furnish to Betneficiory receipts evidencing such payments. Trustor shall pay all foxes and ossessatents which may be levied upon <br />Aeneficiory's interest herein or upon this Deed of Trust whNnout regard to any low that may be enacted imposing poynsent of the whole or any <br />part thereof upon the Beneficiary. <br />6. ANN" On well hafesfielt of MellefwI's femkii. Trustor shall make all payments of interest ad principal and payments of any <br />other charges, fees and expenses contracted to be paid to any existing kaholders or prior beneficiaries under any prior deed of trust or mor• <br />tgoge before the date they are delinquent and promptly pay and discharge any and all other liens, claims or charges which may jeopordize the <br />security granted herein. If Trustor fails to make any such payment or falls to perform any of the cov~s and agreements contained in this <br />Deed of Trost, or in any prior mortgage or deed of trust, of if any action or proceeding is commenced which materially affects Senteficiery's in- <br />terest in the Property, including, but not limited to, emitNmr domain proceedings, or proceedings involving a decenndent, or if Trusts fails to pay <br />Trustor's debts generally as they become due, then Beneficiary, of Beneficiary's option and without notice to or demand upon Trustor and <br />without reposing Trustor from any obligation hereunder, may make such appearances, disburse such sums, and take such action as is necessary <br />to protect Beneficiary's interest including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, contest or com- <br />promise of any encumbrance, charge or lien, and entry upon the Property to moire repairs. In the event that Trustor shall fail to procure in- <br />surance or to pay taxes, assessments, or any other charges or to make any payments to existing prior lien holders or beneficiaries, Beneficiary <br />may procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursusnmt to this Paragraph 6 shall become additional <br />indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upan notice from Beneficiary to Trustor requesting pay- <br />ment thereof, and stall bear interest from the dote of disbursement at the rate payable from time to time on outstanding principal under the <br />Note unless payment of interest at such rate would be contrary to applicable low, in which event such amounts shall bear interest of the highest <br />rote permissible under applicable low. Nothing contained to this Paragraph 6 shall require Beneficiary to incur any expense or take any action <br />hereunder. <br />l Astipmont of Rune. Beneficiary shalt hate the r 'qfit. power and authority during the continuance of th.s teed of Trust to collect throe <br />rent, issues and profits of the Property and 0 ony Wminal property located thereon with or without taking possession of the property affected <br />hereby. and truster hereby absolutely and umcnttdittonally assigns all such rents, issues and profits to &- efi`iary. Beneficiary, however, hereby <br />consents to the Trustor's collection and reten *•:L,,n of such rents, issues and profits as they accrue and becalm payable so tong as Trustor is not, <br />at such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of aTnlr agneenient 6it4ur' 6 . upon <br />any such default Beneficiary may at any time, either in person by agent, or by receiver to be appointed by a canrrt without notice and without <br />regard to the adequacy of any security for the indebtedness hereby secured, (a) enter upon and take possession of the Property or any part <br />thereof, and in its awn name sue for or otherwise collect such rents, issues and profits, including thosp post due and unpaid, and apply the some, <br />less costs and expenses of operation and collection, including reasonable attorneys fees, upon only. indebtedness secured here v and in such <br />arder as Beneficiary may determine: (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of the <br />Property: (c) lease the some or any pat thereof for such Tental, term, and upon such conditions as its judgment tray dictate or terminate or ad- <br />just the terms and conditions of any existing lease or looses. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, <br />issues or profits to any indebtedness secured hereby shall not extend e•r ooropone the due dote of the instalment payments as provided in said <br />promissory note or change the amount of such installments. The entering upon and taking possession of the Property, the collection of such <br />rents, issues and profits. and the application thereof as aforesaid, shall not waive or cure any default or rionice of default hereunder, er t-•- <br />validate any act done pursuant to such notice. Trustor also assigns to Beneficiary, gas •l::rther security for the performance of the obligoviwi ; <br />secured hereby, all prepaid rents and all monies which may have been or nay hte►eafter be deposited with said Trustor by any lessee of the Pro• <br />party, to secure the payment of any rent or damages. and upon default in w pedernance of any of the provisions hereof, Trustor agrees to <br />deliver such rents and deposits to Befneficiory. Delivery of written notice of Beneficrarv's exercise of the rights granted herein, to any tenant ac• <br />cupying said premises shall be sufficient to require said tenant to pay said rent to the Sereficiary until further notrr e. <br />8. Wttdetsteetiee. If title to any part of the Property shall betoken in condemnatien proceedings, by right of er•••,_ oent domain or similor action, <br />or shall be sold under threat of condemnation, oil awards, damages and proceeds ore hereby assigned and shall be paid to Beneficiary who shall <br />apply such awards,. damages and proceeds to rfte sum secured by this Deed 0 Trust, with the excess, if any, paidi7o Trustor. If 11,rrustor receives <br />ongy notice or other informolion regarding such actions �x proceedings. Trustor shall give prompt written ra ii-ce thereof to beneficiary <br />Beneficiary shalt/ be entitled at its option, to commence appear in and prosecute in ins own now any such action. or proceedings and shall be en- <br />titled to make any comvetmi'se or settlement, in connection with any such action or proceedings <br />9. Reeeeillies'llet ffxdake. Baneficiar•,, sOell be entitled to enforce payment and performance of any indebtedness or obFngotions secured <br />hereby and 10 exe"rAo all rights and pewe•s under this Deed of Trust or under any other agreement executed in connection herewith or any laws <br />now or hereafter in force, notw0istanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be other - <br />wise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceplawir ; ` this Deed of Trust nor its <br />enforcement whether by court action or purcttnnnt fn "pnww of -nip ar nthrr powers hRrigin contained shalt og•Ru;dce Cr n1 c-ry none► affect <br />Beneficiary's right to realize upon or enforce any other security now tx hereafter held by Benefic,o►y it being ag-rod that Bemrficiory 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 as it may in its ab- <br />solute discretion determine. No remedy herein conferred upon or reserved to Beneficiary is intended to be erclusrve of any other remedy herein <br />or by law provided or permitted, but each shall be cumulative and shall be rn addition to every other remedy given hereunder or now or hereafter <br />• <r+ +arnrV We rrnr w on rryuny w vy alwurii. t'vrriy yvwa w rn'waT rvICAM rwrrxrwaw mare uarav yr so Vag ry wretrwLgw y tar iu rarnM., of .Troy a.r <br />otherwise entitled, may be exercised concurrently or independently from time to time and a, often as may be deemed erpedient B*neficiary <br />and it may ptxsue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against <br />the Trustor to the extent such action is permitted by low. <br />10. Treeft of he"tyj Assam ptles. If all or any pat of the property fx any interest therein is sold transferred or conveyed by Trustor <br />without Beneficiary's prior written corr.,eM excluding (a) the creation of a uen or encumbrance subordinate ro This Deed of Trust. (b) the crew <br />tion of o purchase money security interest for househaki aWicinces, I() is transfer by devise descent or by operation of law upon the death of a <br />joint tenant or (d) the grant of any leasehold interest of three yeas or less not containing an option to purchase Beneficiary may. of <br />Beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. a cause the Trustee to file a notice <br />of default. Beneficiary shall have waived such option to occeMrate if prior to the sole transfer or conveyance BenetKaty and the person to <br />L whom the property is to be sold or transferred reach agreement in writing that he credit of such person is sotisfoK tory to Beef ciory and shot <br />the interest payable on the sums secured by this Deed of Trust shall be at such rate os Benefic,arn shall req.,est <br />,„ <br />i <br />i <br />I <br />