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1`.$9-- 103924 <br />S. Taxes, Assessments, on+ Charles. Truster shall pay all taxes, assessments and other chug ges, including, willnotnt limitation, lines arul irnn• <br />posilfons attributable to the Properly, and teoselold payments or ground rents, it any. before the some become delinquent. Truster shall promp• <br />fly furnish to Bemfkktry ail notices of amounts due under this paragraph, and in the event Truster stall make payment directly. Truster shall <br />promptly furnish to Benefkfory receipts evidencing such payments. Truster shelf pay all taxes and ossessmerils which may be levied ufton <br />Ilmlk(ary's interest herein or upon this Deed of Trust without regard to any law that may be enacted Imposing payment of Ilia whole or any <br />part Thereof upon the Beftefkiory, <br />6. Addhk l Uses oW Protection of Reeaefklary's Security. Truster 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 lienlokfers or prior beneficiaries under any prior deed of trust or nor. <br />tgage before the dote they are delinquent and promptly pay and discharge any and all other liens, claims or charges which may jeopardize file <br />security gronted herein. If Truster foils to make any such payment or fails 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 commenced which nnaloridlly affects Benofidury's in- <br />forest in the Property. Including. but not limited to. eminent domain proceedings, or proceedings involving a decendent.. or if Trustor foils to pay <br />Trustor's debts yptrierolly as they become due, then Beneficiary. at Beneficiary's option and without notice to cr demand upon Trustor and <br />without Est Truster from any obligation hereunder, may make such appearances, disburse such sums, and take such action as is necessary <br />to protect Wnefi6ury's interest including, but not limited to. disbursement of reasonable attorney's fees, poynsent, purchase. contest or cony- <br />promise of any encumbrance. charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall fail to procure in• <br />sure ce or to pay foxes. assessments, or any other charges or to make any payments tR existing prior lien holduxs or beneficiaries. Beneliciary <br />may procure such insurance and make such payment. Any amounts disbursed by 11ra11ef`t6*y pursuant to this Paragraph 6 shall become additional <br />indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payab!'e upon notice from Beme(i to Trustor requesting pay- <br />. ment thereof. and obeli boor interest from the date of disbursement at' the role payable from'tinie ,to time oat t,9tsiondincg principal under the <br />Note unless payment of interest of such rate would be contrary to applicable law, in which event such amounts Shall bear inlerbst at the highest <br />rote permissible under applicable low. Nothing contained in this Paragraph 6 shall require Beneficiary to incur airy expense or take any action <br />hereunder. <br />7. Assigemlint of Rents. Beneficiary shall have the right, power and authority during the continuance of this feed of Trust to collect tine <br />rents. issues orxf jmifils of the Property and of any personal property located thereon with or without taking possession of the property affected <br />i hereby. and Traitor hereby absolutely and unconditionally assigns all such rents, issues and profits to Belief iciary: Oenefic'bry^. however, hereby <br />consents to the Truster's collection and retention of such rents, issues and profits as they accrue and become' rcryable so f¢rq as Trustor is not, <br />at such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement: hereunder. Upon <br />any such default. Beneficiary may at any time,. either in person, by agent, or by receiver to be apge,'hied by o court, without nartice and without <br />regard to the adequacy of any security for the indebtedness hereby .secured. (a) enter upon aid take possession of the frr<oper ly or any port <br />thereof, and in its own now sue for or otherwise collect such rents, issues and profits. including those past duo and unpaid, add apply the sunie. <br />less costs and expenses of operation and collection. including reasonable attorneys fees, upon any idebtedimss secured hereby, and in such <br />order as Beneficiary may determine; (b) perform such acts of! repair or protection as may be necessary or proper to conserve fire value of the <br />r Property; (c) lees* the same or any port thereof for such rental, term. and upon such conditions as its judgment may dictate or terminate or Cal- <br />just the terms and conditions of am 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 shatl'not extend or postpone the due date of the installment payments as provided in said <br />promissory note or change the amount of such installments. The entering upon and taking possession of the Property, fire collection of such <br />rents, issues ord.profits, and the application.thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or inn. <br />validate any act done pursuant to such notice. Trustor also assigns. to Beneficiary, as further security for tine performanco.of the obligations <br />secured hereby. all prepaid rents and all monies which may have been or may hereafter be deposited with said Trustor by, wylessee of the Pro- <br />perty, to secure the payment of any rent or damages, and upon default in the performance of any of the provisfaufri I4ereof, Trustor agrees to <br />deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights grorifw herein, to any tenant oc- <br />Copying said premises shall be sufficient to require said tenont to pay said rent to the Boneficipry until further notice. <br />S. Ceedeommiee. if title to any port of the Property shall be token in condemnation proceedings, by right of eminent domain or similar action. <br />or shall be sold under threat of condemnation. all awards, damages and proceeds ore hereby assigned and shall be paid to Beneficiary who shall ; <br />apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess, if any, paid to Trustor. If Trustor receives <br />any notice or other information regarding such actions or proceedings, Trustor' dull give prompt written notice thereof to benefiriory. <br />Beneficiary shall be entitled, of its option, to commence, appear in and prosecute in its -own nameany 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. lteered'ios Not Exclusive. Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligations secured <br />d <br />hereby a to exercise ull rights and powers under this Deed of Trust or under any afiier uyteentonl executed iii cumrection herewith at any flows <br />now or hereof ter in face, notwithstanding some or ail of fire such indebtedness and obligations secured hereby may now or hereof ter be offset <br />wise secured, whether by mortgage, deed of trust, pledge, lien, assignment er otherwise. 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 any manner affect <br />Beneficiary's right to realize ulnae or enfor ce any other security flow or hereafter held by Beneficiary, it being agreed that Beneficiary shnif 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 exclusive of any other 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 hereof ter <br />existing of low or in equity or by statute. Every power a 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 innconsistant remedies. Nothing herein shall be construed as prohibiting Benef iciory from seeking a deficiency judgment against <br />the Trustor to the extent such oction is permitted by low. <br />10. Ttanf*r of heflettys Asswsptiee. If all or any part of the properly or uny interest therein is sold, transferred or conveyed by Trustor <br />without Baanficiory's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) lire crea. <br />lion of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of low upon the death of a <br />joint foram or (d) the grant of any leasehold interest of tfuee years or less not containing an opriors to purchase. Beneficiary may. at <br />Berrfieia•y's option, declare uii tide sums secured by this Deed of crust to be immediately due and payable, or c fuse fire Trustee to tile cs +wt +ce <br />L of default -11"ficiory shall have waived such option to accelerate if, prior to file sale, transfer or corive-,unce. BenefiCiry and thr+ person to <br />whore► the pioWly is to be sold or transferred reach agreerrfeni in writing Iliac the credit of such person is satisfuctcry to Benefir'ory and chum <br />tho interost polroirle at n t+e hurt +t secaaed by this shed of Trust shall Ile lit sw It tote. Cllr Br++eheirrr y thilli rRgtic-0 - <br />I <br />