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Alk <br />Wrl <br />- ,t <br />e <br />89--l-0441 f 6- : <br />s. Tues, Aeouxrreoete, cord amses. Trustor stall pay oil taxes, assessments and other charges, including, without limitation, fines and im- <br />positions attributable to the Property, and facts" payments or ground rents, if any, before the sari" become delinquent. Trustor shall promp- <br />fly furnish to Beneficiary all notices of amounts due under this paragraph, and in the event Truster shall snake payment directly, Trustor shall <br />promptly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments, which may be levied upon <br />Betreficiory's interest herein or upon this Deed of Trust without regard to any law that may be enacted imposing payment of the whole or <br />port ►hereof upon On Beneficiary, <br />6. Adifdettel genre end >rtetettierr of Meddetery'o Security. Truster shall make all payments of interest- and principal and payments of any <br />other charges, fees and expenses contracted to be paid to any existing lienhrolders or prior beneficiaries under any prior deed of trust or ator- <br />fgoge before the dote they are delinquent orrd promptly pay and 45schorge any and off other liens, claims or charges which may jeapw-eccrr -the <br />security granted herein. if Trustor fails to mare any such payrner*,t or fails to perform any of the covenants and agreements confccaea ill this <br />Deed of trust, or in any prior mortgage or deed of trust. of if any. =I pan or proceeding is commenced which materially affects Bur iisry's in= ` <br />: <br />, <br />ferost in the Fre(terty, including, but not timrifed to, err nw-f dortrcrr, proceedings, or proceedings,involving a docendent. or if Truster f &W-10 pay <br />Tractor's debts generally as they becor,* doe, then Beneficiary, of Beneficiary's option and without n0ki to or demand upon Truster and <br />Rtou! rroleosing Trustor from any obllgmli rt hereundet, may make such oppearc -ees, disburse such sums, o4 take such action as is necessary <br />.feprotect Beneficiary's interest incfudinC W not limited to. disbi rsoment of riasonable attorney's fees, payment, contest <br />:. ; .. <br />twchaso, or com- <br />• promise of ony encumbrance, charge cir'T !n. and entry upon the ll iaperty to make repairs. in the event that Trustor shoes fail to procure <br />swonce or to Pay taires,, assessments, Or' -* other s: drges or to make any pgmints to existing prior lien holders or beruficiaries, fkjteficiary <br />mar pt+mc`,J:e sucfnirrsuroncz �tC make such payment. i` . =unis disbursed by Beneficiary pursuant to this Paragraph 6 shall becon a additional <br />�.... <br />►liitedness oli.Trirsta secured by. this Dead of Trust. such amounts shall be payable upon notice from Beneficiary tm Truster requesting pay, <br />ftw et: 6MI'eet-And shall bear interest from the date of disbursement at the rate payable from time to time on outstanding. principal under the <br />Note Wass payment of interest at such rate would be contrary to rgpficoble 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 lake any action <br />hereunder. <br />f. Assillnmeet of Reefs. 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 Truster hereby obsohutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however Iroreby <br />Msents to The Tructor's catie+stion and retention of such rents, issues and profits as they accrue and become payable so long as Trustor is not, <br />ah%uch time, in default Wth 16espect to payment of any indebtedness secured hereby, or in the performance, any agreement hereunder. Upon <br />(A1" such deftr,:ll;.lieneficiory may at any time, either in person, by %enf, or by receiver lobe uppointed bya court, without notice and without <br />s <br />r -#Wd to of any security for the indebtedness herebyaicured, (a) enter upon and take possession cf.1he Properly or any part <br />thereof, am 4i h., awn Hoorn sue for or otherwise such rerisr Issues and profits, including those past duo and unpaid, and apply the same, <br />: <br />►less fasts and expenses of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such <br />U*r as Berofkiory may determines (b) perform such acts of re;oir or protection as may be necessary or proper to conserve the value of the <br />Property: Of itase the same or any part thereof for such rental, firm, and upon such conditions us its judgment may dictate ar terminate or ad- <br />" ''.i <br />lust the forms aid conditions of any existing loose or leases. Unlesx, Trustor and Beneficiary agree otherwise in writing, on,y application of rents, <br />issues or profits to any indebtedness secured hereby shall not tux e*td or postpone the due date of the installment payments as provided in said <br />proMsory note v chwgtr ti* amount of such instatTmesris. TUB entering upon and taking possession of the Property, the collectinnaf such <br />r�s; issues and profits, s;vs the application thereof os asuesdl,. shall not waive or cure any default or notice of default hereunder, or in- <br />vdidote any act &r* pursuant to such notice. Trustw also oss�jas to Beneficiary, us further security for the perforr~terce of the obligations <br />secured hereby mt prepaid rents and a'3 srixties which may have bmn or may hereof ter be deposited with said Truster buy ony lessee of the Pro- <br />pxrrty, to secure the payment of any rent or damages, and upon default in the performance of any of the provisions hereof, Truster agrees to <br />dolwer such rents and deposits to Bonetkiary..Delivertyoi written notice of Beneficiary's exercise of the rights granted herein, to any tenant cc- <br />i <br />espying said premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice. <br />B- fGeieotrretlee. If title to any port of ft Property shall be taken in condemnation proceedings. by right of eminent *Pmoin or similar action, <br />or shall be sold under threat of condemrrtlion, all owwds. durno;ft old proceeds are hereby assigned and shall be paid go Beneficiary who shall <br />apply such awards, damages and proceeds to the sun, see Led by C,13 Deed of Trusli, with the excess, if any, Vmd to Trustor. If Trustpt receives <br />any notice or other information regarding such o04oaos or proceedings, Trustor shall give prompt writfen,nWi;e thereof to beneficiary. <br />Beneficiary shall be entitled, of its option, to commence, appear in ru'd prosecute in its own name any such oclion cr pm- endings and shall be en. <br />filled to maker cny compro rise or settlement in connection with arry such action or proceedings. <br />9. Rereredies tht Exclusive. Boneficiary shall be et,r.Ifed to enforce payment and performance of auy,indebtedness or obligations secured <br />herafiy and to exercise all ri;'hts and powers under tP.is Deed of Trust or under any other ugreemant executedi i connection hereMili or any laws <br />now or hereof ter in force, n0withstonding some or d3' of Tlie such indebtedness and obligations secured here ,�y may now or hereafter be other- <br />wise secured, wrWher by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the atteplance of 1, %i U7 ed of Trust nor its <br />enforcement whether by court action or pursuant to the power of ,ate or other powers herein contained, shall prejudice any manner affect <br />Beneficiary's right to realize upon or er.%rce any other security now or hereafter hold by Beneficiary, it being agreed that Benefi :, :,r K %; 'all be <br />entitled to enforce this Deed of Trust and any over teaurily now or hereafter held by Beneficiary in such order- and manner as it a, ; . to its ab- <br />solute discretion determine. No remedy herein confaalrre i upon or reserved to Beneficiary is intended to bo eac44sive of `3'rg o'lusr remedy herein <br />or by low provided or permitted, but each shall be cumu`a'ive and shall be in addition to every other remedy r iytn hereurrter ar now at hereuf ter <br />existing of low or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust te. Ranof iciury or to which it may be <br />Otherwise entitled, may be exercised, concurrently or mdeaendently, from time to time and as often as may be deemed expedient Beneficiary <br />and it may pursuo'inconsistont remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking u deficiency judgment against <br />the Truster to the extent such action is permitted by law. <br />10. Treader of ►reprtyr Anetepffee. If all or any part of the property or any interest tlrerein is sold, transferred or conveyed by Itusfar <br />without Beneficiary's prior written consent, excluding (a) the creaftnof a lien or encumbrance subondinute to this Deed of Trust, (bi ilia crea- <br />tion of o purchase many security interest for household appliances, (c) a transfer by devise, dasrPnt nr by operation of !aw upon the death of a <br />'immt <br />ioint or (d) the grant of any leasehold interest of three years or less not containing an option to punctwse, Benaticiury nruy, nit <br />Beneficiary's option, declare all the sunns secured by this Deed al Trust to be imnrediotely due and puyuble, or cause the Trustee to file a notice <br />of default. Beneficiary shall have waived such option to accelerate if, prior to file sale, transfer or conveyance. BenefiOwy and ilia person to i <br />f <br />what► the oreworly to to be low or frensferred teeth "Utfement (n writing that the credit of such semen is solis(octory to Ovntf iciury acrd i11to 1 <br />thelnterest payable on the twnc ttCured by titis Ovid of Trust shall be Of suits rat@ w Derrelicimy stroll request. <br />Alk <br />Wrl <br />- ,t <br />e <br />