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89-- 104721
<br />S. Testes, Assessamtte, and tynerties. Trustor shall pay aq taxes, assessments and other charges, including, without limitation, fines and im-
<br />pos fWm attributable to the Property, oqd leasehold payments or around rents, if ony. before the some become delinquent. Trustor shall promp-
<br />tly furnish to Illernefkkwy all notices of amounts due ur&r this paroWaph, and in the event Trustor shall make payment directly, Trustor stall
<br />r" promptly furnish to Beneficiary receipts evndentiontg such payments. Trustor shall pay ail taxes and assessments which may be levied upon
<br />l Ilertefkkwy's interest twrefm or upon this Deed of Trust without regard to any law that may be enacted imposing payment of the whole or any
<br />• port thereof upon the Benetic'nary,
<br />6. AdOr set tho end Mteetieo of RessficleWs Seterity. Trustor shall make all payments of interest, and prtncipa) and payments of any
<br />other charges, fees and expenses gontracted to be paid to any existing lienholders or prior beneficiaries wider any prior deed of trust or nw, .
<br />tas0e ftefttn the date tt,ey are 41WVjW ;and. promptly pay and difthorgs any and OR, liens, stains a charges which may jeoporntSi ...`:
<br />secttray grar►ed herein. if Tru any such. O.orant. or fads. *� p ;? '` ' ?! cuss rsts opreemenis eontainesF iii tl n ;,"
<br />tee s GTrust, er.imanyd? F:'tir1t and �cftrvst, :Sif�r r; ?rtfi+ anal; * r i 'o nee 'rS�?+a 'trsialiY offsets Bonet s :
<br />p I err'�t ii tagin+c : fa> b ±:tot iirnited tai, emir ;s `aiit ." tie•lik ings involving: a decendent, or if Trustor fails fm Per?-
<br />' Tnistoes Olits gerfewly'os t: p become due, then Beneficiary, at 8enefic -rary's o0,'son and without notice to or demand upon Trvstor - d
<br />without releasing Trustor from any obligation hereunder, may mace such appearances. disburse such suns, and take such action as is necessary
<br />to protect benefit Tory's interest including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase. contest or corn-
<br />promise of any snmxtnbrarnce, charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall fail to procure in.
<br />surance or to pay taxes. assessments, or any other charges or to make any payments to existing prior lien folders or beneficiaries. Beneficiary
<br />may procure such insurance and moke such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional
<br />irtdebtedrness el Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting pay=
<br />meat (hereof. and shnoil bear interest from the dote of disbursement at the rate payable front time to time on outstanding principal under the
<br />Mote unless payment of interest at such rate would be contrary to applicable law, 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. Aulgrtaest of Rests. 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 properly affected
<br />hereby. and Trustor hereby absolutely arid unconditionally assigns oil such rents, issues and profits to Beneficiary. Beneficiary, however, hereby
<br />consents to the Trustor's collection and retention of such rents, issues and profits as they accrue and become payable so long as Trustcr is rot,
<br />of such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement hereunder. t rm
<br />any such default. Beneficiary may of any time, either in person, by agent, or by receiver to be appointed by o court, without notice and wider:,'
<br />regard to the adequacy of any security for the indebtedness hereby secured, (a) enter upon and take possession of the Properly or onj w
<br />thereof, and in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the Sale,
<br />less costs and expenses of operation and collection, including reasonable attorneys fees, upon any indebtedness secured 'Hereby, and i:, st:ch
<br />order as Beneficiary may determine: (b) perform such acts of repair or pratection as may be necessary or proper to conserve the value of tho
<br />Property: (c) least As same or any port thereat for such rental. term, coupon such conditions as its judgment may dictattt or w.idrate•or ad.
<br />just the terms and conditions dr airy existing lease or koscL_ Unless Trustor arnd Bene6s -,vy agree otherwise in writing, any opp;:ca"Tiv o:frOls,
<br />issues or profits to any indebtedness secured hereby sW11 tao. oxtend or postpone t1w data fete of the installment payments as providd a; snail
<br />promissory mote ur-chonnge the amount of such installments. The entviaa upon and tokM; ppossession of the Property, the collection �F s.ch
<br />rents, issues ondl; rolits, and the opplicet rz.I'Hersof as aforesaid, ilea; mat waive or curs any'Mault or notice of default hereunder, or tn-
<br />validate any act Gam pursuant to such notice. Trustor also assigns to Beneficiary, as further security for fire performance of the obliges ?ens
<br />secured hereby, all prepaid re ~:'-;.,dnd oil monies which may have been or may hereof ter be deposited with said Trustor by any lessee of the r.'o-
<br />perry, to secure the payment cf any rent or damages, and upon default in Cite performance of any of the provisions hereof. Trustor acme to
<br />deliver such rents acrd deposits.to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, f c any ter' :rt oc-
<br />cupying sold pretms*% shill be sufficient to require said tenant to pay sc±dtrent to the Beneficiary until further notice.
<br />a. Geiaseetlett. If title flatl part of th* Property shall be token in rgndemnotion proceedings, by right of eminent domain v similcr c!.ion,
<br />or sltoll be sold under threat of rrondetrdtar an, all awards, damages and proceeds ore hereby assigned and shall be paid to Beneficiary twNro ' ;ail
<br />apply such awords..domages cyAd proceeds to, use sum secured by this Deed of Trust, with the excess, if any, paid to Trustor. It :': usw nv,,04es
<br />any notice or cheer informa'ltzr regorC..I sach actions or procW.'rligi, Trustor stall give prompt written notice there4G r;i beat' ciory.
<br />Beneficiary sltflitlt entitled, ed 'r, option, to commence, appear in and prosecute in its own name any such action or procee6nis f-.rd c+i C:a en-
<br />filled to make crvp compromise or settlement in connection with any such action or proceedings.
<br />9. Rsarelheo Met Excloshve. ftwficiory shall be entitled to enforce payment and performance of any indebtedness or a: =;: ins sw:t•!-ed
<br />imeby and to exercise all rights cold powers under this Deed of Trust or under arty other agreement executed in connection herewith or any laws
<br />now or hereafter in force, notwithstanding some or oil of the such indebtedness and obligations secured hereby may now or hereafter be other-
<br />wise secured. whether by 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 of sole or other powers herein contained, shall prejudice or in any manner affect
<br />Bernefkkwy's right to realize upon or enforce any other security now or hereof let held by Beneficiary, it being agreed that Beneficiary shall be
<br />entitled to enlace this Deed of Trust and any other security now or hereafter held by Beneficiary in such order arid manner as it may in its ob-
<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 tow 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 stotute. 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 tnroy be deemed expedient Beneticiury
<br />and it may pursWimonsistant remedies. Nothing herein shall be construed us prohibiting Beneficiary from seeking a deficiency judgment aguinst
<br />The Trustor to Ow rrtltnt such 5ctio n is permitted by low.
<br />W, Tretteter eft Ikapeetrt I ctestrften. III or any part of the prcperfy or any, interest thorein is sold, Iranslerred or conveyed by Triunfor
<br />nli!rftpipne Serne(kior' s pr:Par se,•tri ;." c:vase .e. ,txtTuding creation rf -1ilea cr v.vimbronce su ;ordinate to this Deed of Trust, Of Ple t:reo-
<br />t•r" Ace purcfw%i roney;e:v.:t7 } "t•erNS1> v fiaussho,d cppliar:ces" f t:ri !ronsfer by deviso, doumn) or by operation of lov.-tµa -+ the death of a
<br />joint low? or (d) flew gratin:: c,* any letrsieild interest d, O; ree 44tirs or less not containing Qn option to purcase,. UitnOiciury may, at
<br />derteticiary's option, declore'Ull the sums secured by tjus Died df Trust to be immediately due and payable, or cause the trustee to file allot ire
<br />of defoult. Bensficiay shell have waived such oplion to accelerote if, prior to fire sale, transfer or conveyance. Beneticiury and ilia person to
<br />wtroat the properly is to be sold or transferred reach agreement in writing thnT the credit of such person is sulisfactaty to Beneticiury and that
<br />the interest payobts on the surns secured by this Deed of irusl shall be of surb rate as Beneficiary shall rMest.
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