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F L 1 890010 10388 0 S. Texas, Atsessteetts, ollld tltergu. Truslor shall pay all taxes, assessments and other chwges, including, without limitation, tines and ins positions attributable to the Properly, and leasehold payments or ground rents. it any, before flit same become delinquent. Truslor shall promp. fly furnish to Beneficiary all notices of amounts due under this parogroph, and in the event Trustor shall make payment directly, Truster shall promptly furrtlth to Benefitiory receipts evldencing such payments. Trustor shotl pay all loxes and assessments which may be leviod upon Beneficiary's interest herein or upon this Deed of Trust without regard to any law that may be enacted imposing payment of the whole or any port thereof upon the Beneficiary, 6. AdaiMkW Uow wiff holecil" of Ilenefkiery's Saftwity. totistor sholl muke all puynnonls of interest and principal and (aymeuts of fitly other charges, fees and expenses contracted to be paid to any existing lienhoklers or prior beneficiaries under any prior deed of trust or mor- tgotge before tl» dote they are delinquent and promptly pay and discharge any and all other liens. claims or charges which may jeopardise lite security granted herein. If Trustor foils to make any such payment or foils to perform any of the covenants and agreements contained in this Deed of Trust, or in any prior mortgage or deed of trust, of it any action or proceeding is commenced which rnatteritilly affects Beneficiary's in- terest in the Property, including, but riot limited to, eminent domain proceedings, or proceedings involving a decendernt, or it 11ruslor fails to pay Trustor's debts gerterolly as they become due, then Beneficiary. of Beneficiary's option and without notice to or demand upon Truslor arid without releasing Trustor from any obligation hereunder. may make such appearances, disburse such sums, and take such action as is necessary to protect Beneficiary's interest including, but not limited to, disbursement of reasonable attorney's fees, payment, purclose, contest or com- promise of any emumbronce. charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall fail to procure in- surefice or to pay foxes. assessments, or any other charges or to make any payments to existing prior lien holders or beneficiaries. Beneficiary maY procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional indebtedness of Twstor secured by this Deed of Trust. Such amounts shell be payable upon notice from Beneficiary to Trustor requesting pay- ment thereof, and sliall bear interest from the date of disbursement 0,0;4 rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary tar, opplitahri Few. in which event such amounts shall bear interest of the highest rate permissible under applicable low. Nothing contained in this Perograrp,°;, t shall require Beneficiary to incur any expense or take any action hereunder. 7. Assigmnent of Rents. Beneficiary shall have the right, power arcd authority during the conti'ituence of this Deed of Trust to collect the rents. issues and profits of the Property aril of any personal property located thereon with or without taking possession of the property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary. however, hereby consents to the Trustor's collection and retention of such rents, issues end profits as they accrue arnif became payyakie so long as Trustor is not, of such time, in defoult with respect to payment of any indebtedness seceired hereby, or in the performance of any agreement hereunder. Upon any such default. Beneficiary may of any time, either in person, by agent, -or by receiver to be appcirrt4d by a court, without notice and without regard to file adequacy of any security for the indebtedness hereby secured, tar) enter upon and take possession of the Proper ly or any parr thereat, and in its own nonw sue• for or otherwise collect such rents, issues ail profits, including those past due and unpaid, arnd upply lire sume. less costs and expenses of operation and collection, including reasonable attorneys fees, upon ony indebtedness secured hereby, and in such order as efeteficiay may determines (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of the Property: (c) kose the same or any port thereof for such rental, term, and upon such conditions as its judgment may dictate or terminate or off - just the terms and conditions of any existing lease or looses. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone fire due date of the installment payments as provided in said promissory note or charge the amount of such installments. the entering upon and taking possession of the Property, lite collegian of such rents, issues and profits, and the application thereof as aforesaid, shall fiat waive or cure any default or notice of default hereunder, or in• validate any act donne pursuant to such notice. Trustor also assigns to Beneficiary, as further security for tine performance of line obligations secured hereby, all prepaid rents and oil moues which may hove been or may hereafter be depo ;itedanii h said Trustor by ony lessee of the Pro- perty?. tar secure the payment o6 any rent or damages, and. upon default in the performance of any of the provitiosts hereof. Trustor agrees to deliver such rents and deposits t© Beneficiary, Delivery of written notice of Beneficiary's exercise of the rights gricrtted herein, to any tenant oc- cupying said premises shall be sufficient to require sold tenant to pay sold nett to the Beneficiary until further notice. 8. Cesdeetmti1ow. if title to any part of the Property shati:ho,, token in condemnation proceedings, 6p, right of .eft -- at dom- ih are similar oction, or shag be sold under threat of condemnation, all awards, ;damages arnd proceeds are f efreby ossi nor and shall be.perid to Beneficiary whin shell op* such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess; .Jf any, paid t0rustor. If Trustor receives any notice or others information regarding sudt,.actions or proceedings. Trustor shall give prompt written notice thereof to beneficiary. Beneficiary shall be entitled, at its option, to commence, appear in and prosecute in its own name any.svch action or proceedings and shall be en- tilled to make any compromise or settlement in connection with any such action or proceedings. 9. Reuredies Net Exclrsive. Beneficiary shall be entitled to enforce payment and:performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or wider any other.agreen)ent executed in connection herewith or any MIA.% now or hereafter in- force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereof ter be other- wise secured, whether by mortgage, deed of trust, pledge, lien, assignrpent`or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner of feet Beneficiary s right to realize upon or enforce city other security now or hereafter held by Beneficiary, it being ogr e'd that Beneficiary sfadt:l;e entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary in such order mid.rnanner as it. may in its cb- solufe discretion determine. No remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of any otter remedy herein or by tow provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or here after existing of law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Beneficiary or to which it w6yr: his otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient BeneficbNy and it may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 10. Ttertsfer of Property; Assompties. If oil or any part of the property or any interest therein is sold, transferred or conveyed by Trustor without eeneficiory's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) fire crea- tion of o purchase money security entered for household appliances, (c) a transfer by devise, descent or by operation of low upon the dealt) of a joint feria I w (d) the grant of any leotelwld interest of 11vee years or legs not containing an option to purchase, Beneficiary may, of Bareficiory's option, dKiore all Iho suans secured by this Deed of Trust to be immediately due and payable, or cause the Trustee to rite a notice of default. Beneficiary shall have waived such option to accelerate if, prior to the sole, transfer or conveyance. Beneficiary and the± person to whom the properly is to be sold or transferred reach agreement in writing tb.ir the credit of Such person is sotisfaclory to Benelicinty and that Use adsresl payable on Cite sums Secured by this Wed of Trust shrill he at em I.: file as Bpna+f icinry shail r equest. etett� i i.