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<br />case of loss under such policies, Beneficiary is authorized to adjust, collect and compromise, in its
<br />discretion, all claims thereunder and, at its sole option, is authorized to either apply the proceeds
<br />to the restoration of the property or upon the indebtedness secured hereby, but payments required
<br />by the note shall continue until the sums secured hereby are paid in full.
<br />5. Repair, Maintenance and Use. To promptly repair, restore or rebuild any buildings
<br />or improvements now or hereafter on the property; to keep the property in good condition and
<br />repair, without waste and free from mechanics or other liens not expressly subordinated to the lien
<br />hereof; to not make, suffer or permit any nuisance to exist nor to diminish or impair the value of
<br />the property by any act or omission of act; and to comply with all requirements of law without
<br />respect to the property.
<br />6. Condemnation. In the event the property, or any part thereof, shall be taken by
<br />eminent domain, Beneficiary is entitled to collect and receive all compensation which may be paid
<br />for any property taken or for damages to property not taken, and Beneficiary shall apply such
<br />compensation, at its option, either to a reduction of the indebtedness secured hereby or to repair
<br />and restore the property so taken.
<br />7. Performance by Beneficiary. Beneficiary may, but shall have no obligation to, do
<br />any act which Trustor has agreed but failed to do, and Beneficiary may also do any act it deems
<br />necessary to protect the lien hereof. Trustor agrees to repay, upon demand, any sums so expended
<br />by Beneficiary for the above purposes, and any sum so expended by Beneficiary shall be added to
<br />the indebtedness secured hereby and become secured by the lien hereof. Beneficiary shall not
<br />incur any personal liability because of anything it may do or omit to do hereunder.
<br />8. Assignment of Rents. Beneficiary shall have the right, power and authority during
<br />the continuance of this Deed of Trust to collect the rents, issues and profits of the property and of
<br />any personal property located thereon with or without taking possession of the property affected
<br />hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits
<br />to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of
<br />such rents, issues and profits as they accrue and become payable, so long as Trustor is not, at such
<br />time, in 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 Deed
<br />of Trust shall have occurred and be continuing, Beneficiary, as a matter of right and without notice
<br />to Trustor or anyone claiming under Trustor, and without regard to the value of the trust estate or
<br />the interest of the Trustor therein, shall have the right to apply to any court having jurisdiction to
<br />appoint a receiver of the property.
<br />9. Transfer of Property. If all or any part of the property or any interest of Trustor
<br />therein is sold, transferred or further encumbered without the express or written consent of
<br />Beneficiary, Beneficiary may, at its sole option, declare all sums secured by this Deed of Trust to
<br />be immediately due and payable and proceed to the remedies available to it under the default
<br />provisions contained therein.
<br />10. Events of Default. Any of the following events shall be deemed an event of default
<br />hereunder:
<br />(a) Trustor shall have failed to make payment of any installment of
<br />interest, principal or principal and interest or any other sums secured hereby when
<br />due;
<br />(b) There has occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in this Deed
<br />of Trust, the note or any other loan instrument secured hereby;
<br />(c) There has been a default by the Trustor in the payment of any prior or
<br />subsequent lien or encumbrance in respect to all or any part of the property;
<br />(d) Trustor shall file a voluntary petition in bankruptcy or shall be adjudicated
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