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FM R •Rf.G04p.039--.104097 . $9_ 103924 S. Taxes, Aseesunenls, end Charges. Trustor shall pay all taxes, assessments and other chuigos, including, without linulotion, fines Will inl• positions attributuble to the Property, and leasehold payments or ground rents, if any. before the some become delinquent. Trustor shall pronip- fly furnish to Beneficiary all notices of amounts due under this paragraph, and In the event Trustor shall make payment directly, Trustor shall 1 promptly furtilsh to Beneficiary receipts evidencing such payments. Truster shall pay all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of Trust without regard to any low that may be enacted imposing payment of the whole or any port thereof upon the Beneficiary, 6. Ad&krnf Uwe tmd Protection of lksolklory's Set wity. Trustor shall make all payments of interest and principal and payments of city other charges, fees and expenses contracted to be paid to any existing lietnholders or prior beneficiaries under any prior deed of trust or nlnr- tgoge before the date they are delinquent and promptly pay and discharge any and all other lions, claims or charges which may jeopardize Cite security gronted herein. If Trustor foils to make any such payment or fails to perform any of ilia covenants and agreements contained in this Deed of Trust, or in any prior mortgage or dead of trust, of if any action or proceeding is commenced which maleridlly affects Bonotichity's it'- forest In the Property. including, but not limited to, eminent domain proceedings. or proceedings involving a decendent, or If Truslor foils to pay Trustar's debts generally as they become due. then Beneficiary. at Beneficiary's option and without notice to or demand upon Trustor and 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. purchase, contest or com. promise of any encumbrance. charge or lien, and entry upon the Property to snake repairs. In the event that Trustor sholl foil to procure in- swence or to pay taxes. assessments, or any other charges or to m*q any payments to existing prior lien molders or beneficiaries, Beneficiary nroy procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting pay- ment thereof, and shall bear interest from the dale of disbursement at the rate payable from time to time on outstanding principal urger i:he Note unless payment of interest at such rate would be contrary to. applicable law. in which event such amounts shall bear interest at the highest role permissible under applicable law. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any expense or take any action hereunder. 1: Assigmnent of Rents. Beneficiary shall have the right,. Rawer and authority during the continuance of this Deed of Trust to collect 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 and unconditionally assigns all such rents, issues and profits.tb Beneficiary. Beneficiary, however. hereby consents to the Trustor's collection and retention of such rents, issues and profits as they accrue and become payable so long as Trustor is toot, at such time. in default with respect to payment of any indebtedness secured hereby. or in the performance of any agreement hereunder.. G1IM41: 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 adequacy of city security for the indebtedness hereby secured, (a) enter upon otid take possession of the Proper ty or any part thereof, and in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, atx! apply Ilse 501110. less costs and expenses of operation and collection, inciuriirig rvuso�n; ;la .;ticr:.ays Eras, up;� :: tt; i :tdebiedness sec gyred fivreby, and 'an such order as Beneficiary may determines (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of like Property: (c) lease the some 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 lease or leases. 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 the due dote of the installment payments as provided in said promissory note or change the amount of such installments. the entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or in- vodid0te any act done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of the obligations secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said Trustor by any lessee of the Pro- perty, to secure the payment of any rent or damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant oc- cupying said premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice. 8. Comki tnatdon. If title to any part of the Property shall be taken in condemnation proceedings, by right of eminent domain or similar action. or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall 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 any notice or other information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to beneficiary. Beneficiary shall be entitled, at its option, )o commence, appear in and prosecute in its own name any such action or proceedings and shall be en- tilted to make any compromise or settlement in connection with any such action or proceedings. 9. Remedies Hot Exclusive. Beneficiary shall be entitled to enforce payment and perfotntactce of city indebtedness or obligations secured her eby and to exercise all Iig)'1ts and powers under this Deed of Truster. under any other agreement executed in cannection herewith of any lows na+K or hereafter in force, natwithstonding some or ail of the suclOadebtedness end obligations secured hereby may now or hereafter be other - wise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the poorer of sate or other powers herein contained, shall prejudice or in arty manner affect Beneficiary's rigist to realize upon or enforce any other security now or hereafter held by Beneficiary, it being agreed that Beneficiary shall be 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- solute discretion determine. No remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of any other remedy herein or by low provided or permitted, but each shall be cumulative and shall be in addition to every atiPer 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 entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient Beneficiary and it may pursue inconsistent remedies. Nothing herein shall be construed as prchibiting Beneficiary from seeking a deficiency judgment against the trustor to the extent such action is permitted by law. 10. Trensfer of Property= Assumption. If oil or any pure of the property or any interest therein is sold, transferred or conveyed by Trustor without Beneficiary's prior written consent, excluding (o) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the crea- tion of o purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of low upon the death of a joint tenant or td) the grant of any leasehold interest of three years or less not containing an option to purchase, Beneficiary may. at Beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable, or cause the Trustee to file a notice L of default. Beneficiary shall have waived such option to accelerate if, prior to the sole, transfer or conveyance. Beneficiary and flip person to whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that Ilro 1111eteot payable art the sutra secured by this Deed of Trutt %hall be at sun Ir t olir ns linnelitinr y 9111111 tonue +l . 7 �1