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890-103883 <br />S. Taxes, Astessm nit. and Chorles. Truster shall pay all taxes, assessments and other chut ges. including, without limitation. lines rn+d int- <br />positians ollributobN to ttte Property. and IeasehoM payments or Around rents. if any, before the some become delinquent. Truslor shall promp• <br />fly furnish to Beneficiary all notices of amounts due under this paragraph, and in the event Truster shall make payment directly, Trustor shall <br />promptly furnish to Benefkiory receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's interest twain or upon this Deed of Trust willoul regard to any taw that may be enacted hoposrng payn+e+rl of the wltala or any <br />poll thw"f upon the Beneficiary, <br />6. Adlltlettd hliette sift frresettlea of Illeodlthwil's Secvsily. Truslor shalt make all payments of itilerest attd princ'y <br />nd <br />other charges, fees a expenses contracted to be paid to any existing lienholders or prior beneficiaries under any pr ior deed of bust or nor- <br />I" before the date they are delinquent and promptly pay and discharge any and oil other liens. claims or charges which may jeopardize file <br />security granted herein. If Truslor foils to choke any such payment or foils to perform any of the covenants and agreements contained in this <br />Deed of Trust, or in any prior mortgage or deed of trust. of it any action or proceeding is cottsnence d which naieridily affects fleneficinry'% in- <br />terest in the Proporty. including. but not limited to, eminent domain proceedings. or proceedings involving a decendent, or if Truslor fuils to puy <br />Traitor's debts generally as they become due, then Beneficiary. at Beneficiary's option and without notice to or demand upon Truslor and <br />without releos'tng Truster 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, chaf.S4 or lien. and entry upon the Property to make repairs. In the event that Truster shall fail to procure in- <br />surance or to pay taxes, ossessrr ors, or any other charges or to make any payments to existing prior lien holders or beneficiaries, Beneficiary <br />may procure such insurance and imAe such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional <br />indebtedness of Truslor secured by. this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Truster requesting poy- <br />ment thereof, and shall bear intt#t of from file dote of disbursement at the rote payable from time to time on outstanding principal under ilia <br />Note unless payment of interest at such role would be contrary to applicable law, in which event such amounts shall bear interest at the highest <br />role permissible under applicable low. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any expense or take any action <br />hereunder. <br />7: Assignment of Rents. Beneficiary shall have the right, power and authority during the contilluence of this Deed of Trust to collect tine <br />rents, issues and profits of the Property and of any personal property located thereon with orwifhout taking possession of the properly affected <br />hereby, o d Truster hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby <br />consents to the Truster's collection and retention of such rents, issues and profits as they accrue and become payable so long as Trustor is not, <br />at such time, in dot oull with respect to payment of any indebtedness secured htireby. or in the performance of any agreement hereunder. Upon <br />any such default. Hertel Mary may at any time, either in person, by agent, on by receiver to be appointed by a court, without notice and without <br />regard to lite adequacy of city wearily for cite indebtedness hereby secured. (n; enter upon and take possession of the Properly or any ixrrA <br />thereof, and in its own name sue for or otherwise collect such rents, issues and profits, including those post due and unpaid. (It'd apply the surele. <br />less cost$ and expenses of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such <br />det.Kmm., lb) perform such acts of repair or protection as may be necessary or proper to conserve the value of the <br />Prt�ty; (c) lease the same or any part thereof for such rental. term, and upon such conditions as its judgment may dictate or f ernihiute Or ud- <br />just the terms and conditions of any existing lease or leases, Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, <br />issues or profits to any indebtedness secured hereby shall not extend or postpone the due dote of the. installment payments as provided in said <br />pranissoty note or charip Ore arnvurt of Wd installtnnrrt,. Th^ ettter:erc�u; on ark !akin; possession of the Properly, the collection of such <br />rents, issues and profits, and the opplication thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or in- <br />volidote any act dole pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of file obligations <br />secured hereby, dl prepaid rents and all monies which may have been or may hereof -far be deposited with said Trustor by any lessee of the Pea <br />m • <br />party, to secure the payment of any rent or dooges„ and upon default in the performance of orty.of the provisions hereof, Trustor agrep-sto <br />deliver such rents and deposits to Beneficiary. Delivery cF written notice of ffenef iciary's exercise of the rights granted herein, to any lettaJS.t cc- <br />cupyinQ,soid premises shall bt suffI&M to require said t:enwt to pay saed real to the Beneficiary until further notice. <br />�. �eatielrMratMrt. If title to any port of the Property silo Pbe taken in condemnation proceedings, by right of eminent domain or similar action, <br />or shall be said under threat of condemnation, all awards, damages and Proceeds ore hereby assigned and shall be paid to Beneficiary who shall <br />apply such awards; dotnoges and proceeds to the sum secured by this Deddaf Trust, with the excess, if any, paid to Trustor. H.Trustor receives <br />any notice or other information regarding such actions or proceedings, Truslor stall give prompt written police thereof to beneficiary. <br />Beneficiary shall be entitled, at its option, to commence, appear in and prosecute in its own name any such action or proceedings and shall be en- <br />filled to make any compromise or settlement in connection with any such action or proceedings. <br />9. RetnredWs Net Exclvaire. Beneficiary shalt be entitled to enforce payment tint$ performance of any indebtedness or obligations socured <br />hereby and to exercise oil rights and powers under this Deed of Trust or under onyx other ugreentonl executed in connection herewith or tiny lows <br />now or and t Haar in late, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereof ter be other - <br />wist secured, whether by mortgage. deed of trust, pledge. lien, assignment or oil +r?rwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in oily manner affect <br />Beneficiary's 6910 to realize upon or et+forteany other secut icy now or-hereofter held by Beneficiary, it being agreed that Betreficiary shall be <br />entitled to enforce this deed of Trust attd.any other security now or hereafter held by Beneficiary in such order and it tualtier as it may in its sin <br />solute discretion determine. No,rdmedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of any othipr remedy herein <br />or by low provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br />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 may be <br />otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as nmy be deemed expedient Beneficiary <br />and it may pursue inconsistont remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking o deficiency judgment against <br />the Trustor to the extent such action is permitted by law. <br />10. Transfer of Property; Asslimprion. If all or any port of the property or any interest therein is sold, transferred or conveyed by Trustor <br />without Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the crea- <br />tion 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 <br />'pint teriont or III) the grant of any leasehold interest of three years or less not containing an option to purchase, Beneficiary may. na <br />Beneficiary's option, declare all lite sums secured by this Deed of Trust to be immediately due and payable, or cause the Trustee to file o nonce <br />of doloutl. B"fkkwy stall have waived such option to accelerate if, prior to the sole, transfer or conveyance, Beneficiary and thn person to <br />whom the property is to be sold or transferred reach agreement in writing th..l the credit of such person is satisfactory to Benefictnry and ttrtit <br />lite itilerest puynble oft the surr+s %ectned by this Deed of irusl %hall br tit sul 11 lute tit Brnrficinry shall t eriur%t. <br />1'�'s <br />