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F 104940 5. Tarcas, Assessments, ou,l Oarge's. Trustor shall pay oil foxes, assessments and other charges, including, without limitation, fines and im positions attributabie to the Prop't+ ly, and leasehold payments or ground rents, if any, before the some become dOnquent. Trustor shall promp- tly furnish to BeneficiM.oll notiers;'af amounts due under this paragraph, and in the event Trustor shall make payment directly. Trustor shall promptly frmnRli to Senefivary rey,`�ts evidencing such payments. Truster shall pay all taxes, and assessments which may be levied upon Benc .-lary's interest herein or upon fhif Deed of Trust without regard to any low that may be enacted imposing payment of the whole or any . part thereof upon the Benefitior*y, b. Adr;illeml tisns emit Prntacsir -n of 6initificfary's Security. Trustor shall make all payments of interest and principal and payments of any other charges, fees and expenses eantior..1 l to be paid to any existing iienhafdors or prior beneficiaries under any prior deed of trust or mor- tgolle before the date they are delinquent .-cord promptly pay and discharge any and all other lions, claims or charges which ma; lean rdize the security granted harem. If Trustor fuis to make any suer °,'moat or fails to perform- any of the covenants and agreements contained in this Deed of Trust, or in any prior mortgage ordeed of trust, of if any action or proceeding is commenced which materially affects Beneficiary's in- ferest in the Property, including, but nat;limited to, eminent domain proceedings, or proceedings involving a decendont, or if Trustor fails to pay Trustor's debts generally as they brrmn due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and without releasing Truslor from arty abl g -,Olon hereunder, may make such appearances, disburse such sums, and take such c tion as is necessary to prowt Beneficiary's hiferest M:4071,1 but not limited to, disbursement of reasonable attorney's fees, payment, contest or com- promise of any encumbranc=e. chargp, err lien, and entry upon the Property to make repairs. In the event 411 of Trustor Skilail to procure in- suranze or to pay fares, assessme-W, or any other charges or to make any payments to existing prior lien'44c ?dens or beneficiaries, Beneficiary, may procure such insurance onJ -, t*e such payment, pry amounts disbursed by Beneficiary pursuant to this yeragroph b shall become additionol kidebledaass -of Trustor. save -ed by this Deed of Trust. Such armrin :isholl be payable upon notice from Beneficiary t;v.Tr7jstor requesting pay - mans lheteaf, and shallibccr interest from the dote of disbursers - ;V.at the rate payable from time to titan¢an outsf676r g principal,.4nder the Note unless. payment :aFiplvirest at such rate would be contrary to v3gplicoble law, in which event such ama ighest rate pe*rvtit_iYriiti u?lder appif rote law. Nothing contained in this Paragraph 6 shall require Beneficiary to truce' :a ;y'r °pence or iYV, V.. cl action hesNtrade :. 7. Assigrantt,t of Rents. Beneficiary shall have ilia right, po 'er and authority during the continuance of this :ized:6":`u sl to collect the rents, issuer and profits of the Property avid of any personal prop.". ' !ocoted thereon with or without taking possessl�� .Eae property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Senq,- 41pry, however, hereby consonts to ilia Truster's collection and retention of such rents, issues and profits as they accrue and become payable c+g as 7r star is not, of such time, fri default with respect to payment of any indebtedness secured hereby, or in the performance of any a _ter, :: orst hereunder. Upon any such defrri rs; Oerrefki.zey may at any time, either in person, bit ent, or by receiver to he appointed by a court, w -!`Rc.rat notice and without regard to the udequacy'-_f*.:y.security for the indebtedness hereby secured, (a) enter upon and take possession of tl"z Property es any part 1 cr-reof, and in its own none sue for or otherwise collect such rents, issues and profits, including those post due and unpaid, and apply the some, Y` 5 >rosts and expenses of operotion and collection, 4 .ciuding reasonable attorneys fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine; (b) perform such acts of Tr_pgir or protection as may be riacessaTy or proper to conserve the value of the 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 looses. 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 dale 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, tiro 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• volidute any act done pursua*vt,to such notice. Trustor also assigns to Beneficiary, as further security for fire performance of lite obligations sarured hereby, all prepaid rcets and all monies which rrrr; !rave been or may hereafter be depos'ied with =,d Trustor by any lessee of the Pro - pe'rfy, to secure the paymerr r;f any rent or damages, , rid upon default in the rerformance .f .fry cf I* T provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written r nf'te of Beneficiary's exen:i!e if the eights granted herein, to any tenant oc- cupying said premises shall be sufficient to require said tenant to rrtry), said rent to the Benefictcri until further notice. 8. Condemnation. If title to any port of the Property shall be taken in condemnation proceedings, by r;r f a of eminent domain or similar action, or shall be sold under threat of condemnation, all owartfs; damages apd proceeds are hereby assigned urz' 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 nlSer information regarding such actions or prccitedings, Trustor shall give prompt written notice -Ihereof to beneficiary. Beneficiary shall 4 entitled, of its option, to commence, appear :�z a,rd prosecute in its own name any such action or prc,:v, rings and shall be en• filled to make oily comprcnri ; r settlement in connection with any such action or proceedings. 9. Remedios Plot Exeius"rre. Beneficiary shall be ontif,'ed to enforce payment and performance of any indebtedness or obligut c ,s secured hereby and to einarcise all rights and pmgisrs.under flit; feed of Trust or under any other agreement executed in connection herewith or any taws now or hereafter n force, notwilhstor&rg :orate or all of ilia such indebtedness and obligolionis secured hereby may now or hereafter be other• wise secured, ►glrriloer by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this deed of Trust nor its enfcrcemont'whelher by court action or pursuant to the {rower of sale or other powers herein contained, shall prejudice or in any manner affect Benaficiary's right to remit upon or onforce any other security now or hereafter held by Beneficiary, if !,zing agreed Ihot Beneficiary shall he onlilled to enforce this Deed of Trust and pity outer security now or hereafter held by Bonef .'-ary in such order and manner as it may in its ab. solute discretiost determine. No remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of" any other remedy herein or by lour provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every palter 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 prohibiting Beneficiary from seeking a deficiency judgment against The Itostor to cite extent such action is permitted by law. 10. Transfer of Property; Assumption. If all or any part of the property or any interest therein is sold, transferred or conveyed by Trustor without Beneficiary's prior written consent, excluding (a) fire creation of a lien or encumbrance subordinate to Ih!s Deed of Trust, (b) the crew. 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 joint tenant or (d) 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 fire suns seewcd by this head of Trust to be i'Mmediately due and payable, ar cause the Trustee to fife o notice of default. Beneficiary shall have waived such option to accelerate if, prior to. the so!e, transfer or conveyance, BenefiCury and the person to vlliom the property is to be sold or transferred reach agreement in writing theo fire credit of such person is solisfactory to Beneficiary and flint lire interest payable on the sums secured by this Deed of Trust shall be of surly rate as Beneficiary shall request. w� F!i