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2 0L1 77 6 6 4 <br />5. Repair, Maintenance and Use. To promptly repair, restore or rebuild any <br />buildings or improvements now or hereafter on the property; to keep the property in good <br />condition and repair, without waste and free from mechanics or other liens not expressly <br />subordinated to the lien hereof; to not make, suffer or permit any nuisance to exist nor to <br />diminish or impair the value of the property by any act or omission of act; and to comply <br />with all requirements of law without respect to the property. <br />6. Condemnation. In the event the property, or any part thereof, shall be <br />taken by eminent domain, Beneficiary is entitled to collect and receive all compensation <br />which may be paid for any property taken or for damages to property not taken, and <br />Beneficiary shall apply such compensation, at its option, either to a reduction of the <br />indebtedness secured hereby or to repair and restore the property so taken . <br />7. Performance by Beneficiary. Beneficiary may, but shall have no <br />obligation, to do any act which Trustor has agreed but failed to do, and Beneficiary may <br />also do any act it deems necessary to protect the lien hereof. Trustor agrees to repay, <br />upon demand, any sums so expended by Beneficiary for the above purposes, and any sum <br />so expended by Beneficiary shall be added to the indebtedness secured hereby and <br />become secured by the lien hereof. Beneficiary shall not incur any personal liability <br />because of anything it may do or omit to do hereunder. <br />8. Assignment of Rents. Beneficiary shall have the right, power and <br />authority during the continuance of this Deed of Trust to collect the rents, issues and <br />profits of the property and of any personal property located thereon with or without taking <br />possession of the property affected hereby, and Trustor hereby absolutely and <br />unconditionally assign all such rents, issues and profits to Beneficiary. Beneficiary, <br />however, hereby consents to Trustor's collection and retention of such rents, issues and <br />profits as they accrue and become payable, so long as Trustor is not, at such time, in <br />default with respect to payment of any indebtedness secured hereby or in the performance <br />of any agreement hereunder. If any event of default described hereafter in respect to this <br />Deed of trust shall have occurred and be continuing, Beneficiary, as a matter of right and <br />without notice to Trustor or anyone claiming under Trustor, and without regard to the <br />value of the trust estate or the interest of the Trustor therein, shall have the right to apply <br />to any court having jurisdiction to appoint a receiver of the property. <br />9. Transfer of Property. If all or any part of the property or any interest of <br />Trustor therein is sold, transferred or further encumbered without the express or written <br />consent of Beneficiary, Beneficiary may, at its sole option, declare all sums secured by <br />this Deed of Trust to be immediately due and payable and proceed to the remedies <br />available to him under the default provisions contained therein. <br />3 <br />