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F <br />1, <br />I <br />. . 90-!'105999 <br />S. Term, AeseeeneMM, etad Genies. Trustor shall pay all taxes, assessments and other charges, including, without limitation, fines and im- <br />positions attributable to the Property, and ieosehold payments or ground rents, if any, before the some become delinquent. Trustor shall promp• <br />tly furnish to Beneficiary all notices of amounts due under this paragraph, and in the avow Trustor shall mace payment directly, Trustor shall <br />promptly furnish to Beneficiary receipts evidencing such payments. Tremor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's interest herein or upon this Deed of Trust without regard to any law that may be enacted imposing payment of the whole of any <br />part thereof upon the Beneficiary. <br />6. AtMtleeel 1111m ead holledlen of Reeefk1 V's Seewiry. Trustor shall snake all payments of interest and principal and pgmerds of any <br />other chw9es, fees and expetKes contracted to be paid to any existing lienholders or prior beneficiaries under any prior deed of trust or mar• <br />tgage beforis the dote they on delinquent and promptly pay and discharge any and all other liens, claims or charges which may jeopordire the <br />security granted herein. If Trustor fails 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 if any action or proceeding is commenced which materially affects Beneficiary's in- <br />twest in the Property, including, but not limited to, eminent domain proceedings, or proceedings involving a decerdsnt, or if Trustor fails to pay <br />Trustor's dents gentrolly as they become due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and <br />without rekoskg 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 reasonobk attorntey's fees, payment, purchase. contest or corn• <br />promise of any encumbrance, charge or lien, and entry upon the Property to make repairs. In the event that Truster shall fail to procure in- <br />surattce or to poy taxes, assessments, or any other charges or to moke any payments to existing prior lion hollers or beneficiaries. Beneficiary <br />may procure such insurance and make such payment. Any amounts disbursed by Beneficiory pursuant to this Paragraph 6 shall became additional <br />Indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting pay <br />ment thereof, and shall bear interest from the dote of disbursement at the rote payable from time to sutra on outstanding principal under the <br />Note unless payment of interest of such rate would be contrary to applicable low, in which event such amounts shall bear interest of the highest <br />rate 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. Assilina at of Resets. Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the <br />rents, issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected <br />hereby, and frustor hereby absolutely and unconditionally assigns ull such rents. issues and profits to Beneficiary. Beneficiary, however, hereby <br />- <br />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 not, <br />of 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 appointed by o court, 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 own name sue far or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, <br />less costs and expenses of operation and collection, including reosonable attorneys fees, upon any indebtedness secured hereby, and in such <br />order as Beneficiary may determine; (b) perform such arts of repair or protec'r;on as may be necessary or proper to conserve the value of the <br />Property; (c) lease the some or any port thereof for such rental, term, and upon such conditions as its judgment may dictate or terminate or ad- <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 date of the installment payments as provided in said <br />' <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 notice of default hereunder, or in- <br />validate any at done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of the obligations <br />' <br />secured hereby, all prepaid rents and alai monies which may have been or may hereafter be deposited with said Trustor by any lessee of the Pro- <br />party, to secure the payment of any --ant or damages, and upon default in the performance •of any of the provisions hereof, Trustor agrees to <br />deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant oc- <br />cupying said premises shall be sufficient to require said tenant to pay said Tent to the Beneficiary until further notice. <br />B. teademmallen. If tick to any part of the Property shall be taken 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 are 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 Truster shall give prompt written notice thereof to beneficiary. <br />Beneficiary shall be entitled, of its option, to commence, appear in and prosecute in its own name any such action or proceedings and shall be en- <br />ii <br />titled to make any compromise or sets,ement in connection with any such action or proceedings. <br />9. Ibetediee Net Esdushne. Benetieaary shall be entitled to enforce patrment and performance of any indebtedness or obligations secured <br />hereby and to exercise all rights and powers under this Deed of 'Trust or under anti other agreement executed in connection herewith a, any laws <br />` <br />now or hereafter in fare notwithstanding some or all of the such indebtedness and obligations secured hereby moy now or hereafter be other- <br />wise secured, whether py mortgage. deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement whether by court action or pursuant to the power at gale or other powers herein contained, shall prejudice or in any manner attect <br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Beneficiary, it being agreed that Beneficiary shall be <br />entitled to enforce this Deed of Trust and any at*- security now or hereafter held by Beneficiary in such order and manner as it may ir• il, ab• <br />solute discretion determine. No remedy herein cortGerred upon or reserved to Beneficiary is intended to be exclusive of any other remedy, ne*ein <br />or by low provided or permitted. but each shall be cumulative and shall be to addition to every other remedy given hereunder or now or heredler <br />existing of low or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Beneficiary of to which it may be <br />otherwise entitled, may be exercised, concurrently or independently. from time to time End as often as may be deenned erpe"nr Berneficcory <br />and it may pursue 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. Time* of h"m11; Aseeet'tioe. If all or any part of the property or any interest therein is sold, transferred or conveyed by Truster <br />without Berwficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the crepe- <br />lion of a purchase money security interest for household appliances, (c) a 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 years or less not containing on option to purchase, Beneficiary may, of <br />Berwficiory's option, declare all the sums secured by this Deed of Trust to be immediately doe and payable, or cause the Trustee to file a notice <br />of default. Beneficiary shall have waived such option to accelerate if, prior to the sole transfer or conveyance, Beneficiary and the person to <br />whom the property is to be sold or transferred reach agreement in writing that the credit of such person is sat1sfoctory to Beneficiary and that <br />the interest payable on the stuns secured by this Deed of Trust shall be or such rote as Beneficiary stroll request <br />rt' <br />