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L. <br />9- 1053$7 <br />S. Taxes, Assessments, and t WMas. Trustor shall pay o ,xes, assesswerlis and other charges, including, without limitation, fines end im- <br />positions attrNitoW to the Property, and leaseholii payments or ground rents, if any, before the same become delinquent. Trustor shall promp- <br />fly furnjsit to Beneficiary ell notices of amounts dote under this paragraph, and in the event Trustor shall make payment directly. Truster shall <br />1voi sly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon <br />Be'twfickry's interest Herein or upon this Deed of Trust without regard to any law that may be eroded imposing payment of Cite vrlrola or any <br />part ihsreof upon the Beneficiary. <br />6; Alf liens fwd Protection of Bmofk cry's 3acwrity. Truster shall mare oil paymonts of interest and principal and payments of city <br />other chorgr s, fees and expenses contracted tom paid to any exrstirg ,I nTwl� s or prior —bens iciones un er arty prior ae o frus or mar'= <br />tgoge before the date they are delinquent and promptly pay and dischorg any and all other liens, claims or charges which may jeopardize the <br />security, granted herein, if Trustor foils to make any such payment or fails to perform any of the covenants and agreements contained in this <br />- 104edof- Trust, or in any prior mortgage or deed of trust, of if any action or proceeding Is commenced which materidlfy offeas Beneficiary's in- <br />-- <br />teresl in the Prootty, including, but not fimitedta, eminent doma;n proceedings, or proceedings involving a decendent, or if Trustor fails to pay <br />Truster% debts gerterolty as they become due, then beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and <br />without releasing Trustor from any obligation fiereuitder, may make such appearances, disburse such sums, and take such action as is necessary <br />to protect Benefkiary`s interest including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, contest or com- <br />: promise of any encumbrance, charge or lien, and entry upon the Property to make repairs. In the event, that Trastor shalt fail to procure in- <br />surance or to pay taxes, assessnicrsts, or any other charges or to make any payments to existing prior lien holders or boneficieries, Benef7dory, <br />may ptccure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant .to this Paragraph 6 shglf_tiecome cddlConal <br />E indebtedness of Truster secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary•!, T�ibr requesting pay- <br />nren; thereof, and shall bear irle{i:st from the date of disbursement at the rate payable from time to time on outsfi rncijs principal under ilia <br />dote unless payment of interest oi such rate would be contrary to applicable low, in which event such amounts shall bear its){} 05t at the highest <br />rate permissib!e un'& applicable low. ttoth .cotetained in this Paragraph 6 shall require Beneficiary to incur any expeo 4, )ake any action <br />]r: 6sisiignment of Rents. Beneficiary shnfl f>ave the right, power and authority during the continuance of this, D(Nd ef.•irust -to called the <br />rents, sssuas and profits of the Property and oF, n YP ersonal property located thereon with or without takin flea ssessiorr of the _ rc ert/ efr4cted , <br />hereby, and Trustor hereby absolutely and u-xr: 4tionally assigns all such rents, issues and profits to Benef iciary. Benafsirict,'r. �. Owever. hereby •,', . <br />consents to the Truster's collection and rmtpmlil±n of such rents, issues and profits as they accrue and become payable so kri juts Truster is not, . <br />' at a a'rfime, in default withres.r,r.O.to paymentof any indebtedness secured hereby, or in the performance of anyogreerrie ijiereunder. Upon <br />;•,.. <br />cr, ;.;5. hr:default, Beneficiary mZ: '.tz f an• time, either in person, by agent, or by recaivoe to be appointed by a caurt, : +ithout notice and withouh <br />the adequacy of any security for the indebtednessJhereby. servred, (a) enter upon and take possession of the >`r;l -erty or any part <br />+ <br />a. ; .!h �f; and in its. rywn. name sue for or othery sui taliec! such rents, issaj� ag ind profits, including.tlttisdi past due and unpaid #nd,:`rpply the same, -. <br />' less <644 and expzr,ses of operation and co:; clion, including reasonable attorneys fees, upon ,,we.yrdebtednass secured... r4!1 , and in.such <br />ord =_•t! ct 'Benefic;ary may determine; (b) perform such acts of repair or protection us may be neeb sty or prgger`fr,. conserve+the :value of, the <br />Property; (c) lease the same or any part thereof for such rental, term, and upon such conditions as its judgment it-my dictate or tarminata or ad- <br />just the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree aIhn.rwise in writing, anti application of rents, <br />issues or profits to any indebtedness secured hereby shalt not extend or postpone the due date of tine installment pwjments os provided in said <br />promissory note or change the amount of such installments. The entering upon and taking possession of the Praporfy; tits cailk ion of such <br />rents, issues and profits, m' tho). application thereof as cl;i?r esaid, shall not waive at cure any default or notice of darautf hereunder, or in- <br />i vulittole any act done pursuantyg',l,ch notice. Trustor also' assigns to Beneficiars;,46, further security for lite per!prrnpnce of the obligotions <br />secured hoeby, all prepaid rem? v' ^d an stturc:g9 veltich ntcty have been cr iiYwF liereaf'iei be deposited with said Tru tar h}+ nn;x ie5ree Of the Pro- <br />party, to secure the payment of any rent v.;Ivlav:agos, and upon dofv; ;rr, in the performance of any, of lice prm,isions lteredf,- T'nistor agrees to <br />deliver suds rents and deposits to Beneficiary. Delivery of written notice'of Beneficiary's exercise of the r`91ily granted herein, loony tenant oc- <br />cupyrr', s;eid premises shall be sufficient to require said tenant !o pay said rent to the Beneficiary until furllter, notiu,3. <br />q. ZmAImnatton, if title to city purl of tilt: Property shall be taken in condomnotion proceedings, by right of enbAci nt domain or similar action, <br />or slio(I be sold under threat of condemnation, all awards, damages and proceeds are hereby nssigned unit shalt be paid to Beneficiary who shop <br />apply such awards, daniagas and proceeds to thosfatn secured by this deed of Trust, with Ifie excess, if any, paid to Trustor. If Trustor receives <br />any ovw co or other informol.:oi-regording such actions or proceedings, Trustor sholl give prompt written notice thereof to beneficiary, <br />a� <br />DenetF„ary shall he entitled, a °'its i:ption, to commence, appear in and prosecute in it; srvrn nume any such action or proceedings and si•,otl fat eft- <br />: fill =d to mike any corrpromis: t ottlement in connection with any such action cr r,;rxertdings. ; <br />9, Reinedies Not tixdusive. Beneficiary sl:vjll be entitled to enforce ri°,r:•rent ortil performance of any indebtedness cr obligations secured <br />hereby and to exercise all rights and powers under this Ned .6f Trust cr under any oibet, ogreerner►t executed in connection he'rowah or any aws <br />J <br />now 4r hereaf ter in farce, notwitlivionding sorne or o!1 cf tha z:,ch indebtedness and obliyutions secured hereby n:r1y no ++ cr Fors •7fterbe allies - <br />wise's..tcured, whether by mcrijiniiN, deed of trust, pledoe, lien, assignment or otherr,;se. Neither the acceptance of this Deed of Trust aria its <br />enforcement whether by cotrt ninon or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect <br />Ueneliciary's right, tst realize cptin or enforce any other security now or hereafter hold by Densficiory, it being o,reed that Ceneficiary shall be <br />entitled to enforce this Deed of Trust and city other security now cc hereafter held by Beneficiary in such order and rnomior os it may in its ab- <br />solute discretion determine. Ns .remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of any other remedy herein <br />at br taw provided or permitted, but each shall be eurvulalive and shall be in addition to every other remedy given hereunder cr now or hereof ter <br />er;st;rg of law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Beneficiary or to which it may be <br />utherw;se entitled, may be exercised, coricurrenlly or ;ndeperidently, from time to time and as often as may be deemed expedient Beneficiary <br />urd it may pursue inconsistent remedies. Notfurg herein sha!I be con.tr ;rd as prohibiting Beneficiary from srekina a deficiency judgment against <br />the Trustor to the extent such action is perm it led by loin. <br />_ -_- <br />10. Transfer of Properrtyr Assotaption. If all or tiny part of ilia property or any interest therein is sad, transferred or conveyed by Trustor <br />wilhoul Beneficiary's prior written consent, excluding (a) file creation of u lien or ercumb; once su %ord :pule to thus Dcerl of Trust, (b) the creu- <br />firm of a purchase money security interest for househotd upal,nnces, (e) u transfer by devise, descent or by operation of low upon the dealh of it <br />i9int tenant or (d) tr,a grant of any lerneltold interest of three veers cr less not contr,*,ning on option to purchase, Beneficiary cony, at <br />ftumficeary's apfiart, dedare ail the sums secure3 by this heed of !rust to f; 2 ,.::Rteiy due end partible, cr curse the Trustee to file a notice <br />of dvfr,ttll. Genulicvrry shill lto,,o waived such option 1C liccel:rula if, pilot 1u the rule, transfer or ccnveyUr: p, V- ?nefia,lty and Ifiq person io <br />v+lt)w ttre properly is !o be WJ or irursfcirtrl rear -h ogreru•! <br />