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202106164 <br />and, in its own name sue, for or otherwise collect such rents, issues, and profits, including those past due <br />and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable <br />attorneys' fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine; <br />(b) perform such acts of repair or protection as may be necessary or proper to 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 <br />judgment may dictate, or terminate or adjust the terms and conditions of existing leases. Unless Trustor <br />and Beneficiary thereof agree otherwise in writing, any application of rents, issues, or profits to any <br />indebtedness secured hereby shall not extend or postpone the due date of the installment payments as <br />provided in said promissory note or change the amount of such installments. The entering upon and <br />taking possession of the Property, the collection of such rents, issues and profits, and the application <br />thereof as aforesaid shall not waive or cure any default or notice of default hereunder or invalidate any act <br />done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance <br />of the obligations secured hereby, all prepaid rents and all monies which may have been or may hereafter <br />be deposited with said Trustor by any lessee of the Property to secure the payment of any rent or <br />damages, or, upon default in the performance of any of the provisions hereof, Trustor agrees to deliver <br />such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights <br />granted herein to any tenant occupying said premises shall be sufficient to require said tenant to pay rent <br />to the Beneficiary until further notice. <br />8. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, <br />prior to reconveyance of the Property to Trustor, may make future advances to Trustor. Such future <br />advances, with interest thereon, shall be secured by this Trust Deed when evidenced by promissory notes <br />stating that said notes are secured hereby; provided that at no time shall the secured principal and future <br />advance, not including sums advanced to protect the security, exceed two hundred percent (200%) of the <br />original principal amounts secured hereby. <br />9. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to <br />exercise all rights and powers under this Trust Deed or under any other agreement executed in connection <br />herewith or any laws now or hereafter in force, notwithstanding some or all of such indebtedness and <br />obligations secured hereby which may now or hereafter be otherwise secured, whether by mortgage, trust <br />deed, pledge, lien, assignment, or otherwise. Neither the acceptance of this Trust Deed nor its <br />enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, <br />shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other <br />security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce this Trust Deed and any other security now or hereafter held by <br />Beneficiary or Trustee in such order and manner as they, or either of them, may, in their absolute <br />discretion, determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended <br />to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative <br />and shall be in addition to every other remedy given hereunder or now or hereafter existing„ at law or in <br />equity, or by statute. Every power or remedy provided under this Trust Deed to Trustee or Beneficiary or <br />to which either of them may be otherwise entitled may be exercised, concurrently or independently, from <br />time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may <br />pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking <br />a deficiency judgment against the Trustor, to the extent such action is permitted by law. <br />10. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the Property <br />or interest therein is sold, transferred, or otherwise conveyed by Trustor without Beneficiary's prior <br />written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Trust Deed, (b) a <br />transfer by operation of law upon the death of a Trustor who is a joint tenant or (c) the grant of any <br />leasehold interest of three (3) years or less which does not contain an option to purchase, such action is a <br />breach of this agreement, and Beneficiary may, at Beneficiary's option, declare all the sums secured by <br />this Trust Deed to be immediately due and payable. Beneficiary shall have waived such option to <br />accelerate if, prior to the sale, transfer, or conveyance, Beneficiary and the person to whom the Property <br />is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to <br />Beneficiary and that the interest payable on the sums secured by this Trust Deed shall be at such rate as <br />Beneficiary shall request. <br />11. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the <br />Trustor to make any payment or to perform any of the terms and conditions of this Trust Deed, or the <br />terms and conditions of the Note, or any renewals, modifications, or extensions thereof, or the failure to <br />make payment of any other indebtedness, prior or subsequent to this Trust Deed, and secured by this <br />property, or the death of one or more Trustors, shall be a breach and default of this Trust Deed and the <br />Beneficiary may declare a default and may declare all sums secured hereby immediately due and payable, <br />and the same shall thereupon become due and payable without presentment, demand, protest or notice of <br />any kind, provided Trustor shall have any statutory right to cure the default before any notice of default <br />and demand for sale may be delivered to the Trustee. Thereafter, Beneficiary may deliver to Trustee a <br />written declaration of default and demand for sale. Trustor agrees and hereby grants that the Trustee shall <br />