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<br /> payment of any indebtedness secured hereby, or in the performance of any agreement hereunder. Upon any such default,
<br /> Beneficiary may at any time, either in person,by agent, or by a receiver to be appointed by a court, without notice and without
<br /> regard to the adequacy of any security for the indebtedness hereby secured, (a) enter upon and take possession of the Property
<br /> or any part thereof and in its own name sue for or otherwise collect such rents, issues and profits, including those past due and
<br /> unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any
<br /> indebtedness secured hereby, and in such order as Beneficiary may determine; (b) perform such acts of repair or protection as
<br /> may be necessary or proper to conserve the value of the Property; (c) lease the same or any part thereof for such rental, term,
<br /> and upon such conditions as its judgment may dictate ar terminate, or adjust the terms and conditions of eausting leases. Unless
<br /> Trustor and Beneficiary thereof agree otherwise in writing.any application of rents,issues or profits to any indebtedness secured
<br /> hereby shall not eactend or postpone the due date of the installment payments as provided in said promissory note or change
<br /> the amount of such installments. The entering upon and taking possession of the Property, the collection of such rents, issues
<br /> and profits, and the application thereof as afaresaid, shall not waive or cure any default or notice of default hereunder or
<br /> invalidate any act done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of
<br /> the obligations secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said
<br /> Trustor by any lessee of the Property to secure the payment of any rent or damages, or upon default in the performance of any
<br /> of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of
<br /> Beneficiary's exercise of the rights granted herein,to any tenant occupying said premises shall be sufficient to require said tenant
<br /> to pay rent to the Beneficiary until further notice.
<br /> 2. CONDEMNATION. If title to any part of the Property shall be taken in condemnation proceedings, by right of
<br /> eminent domain or similar action, or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby
<br /> assigned and shall be paid to Beneficiary who shall apply such awards, damages and proceeds to the sum secured by this Deed
<br /> of Trust, with the excess, if any, paid to Trustor. If Trustor receives any notice or other information regarding such actions or
<br /> proceedings. Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled, at its option. to
<br /> commence, appear in and prosecute in its own name any such action or proceedings and shall be entitled to make any
<br /> compromise or settlement in connection with any such action or proceedings.
<br /> 3. FUTURE ADVANCES. Upon request of Trustor,Beneficiary at Beneficiary's option, prior to reconveyance of the
<br /> Property to Trustor,may make future advances to Trustor. Such future advances,with interest thereon, shall be secured by this
<br /> Trust Deed; provided that at no time shall the secured principal, future advances, not including sums advanced to protect the
<br /> security, exceed Two Hundred percent (200%) of the original principal amounts secured hereby.
<br /> 4. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment
<br /> and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of
<br /> Trust or under any other agreement executed in connection herewith or any laws now or hereafter in force, notwithstanding
<br /> some or all of such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by
<br /> mortgage,deed of trust,pledge, lien,assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement
<br /> whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner
<br /> affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or
<br /> Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and
<br /> any other security now or hereafter held by Bene6ciary or Trustee in such order and manner as they or either of them may in
<br /> their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be
<br /> exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to
<br /> every other remedy given hereunder or now or hereafter elcisting at law or in equity or by statute. Every power or remedy
<br /> provided hereunder this Deed of Trust to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be
<br /> exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary
<br /> and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking
<br /> a deficiency judgment against the Trustar to the extent such action is permitted by law.
<br /> 5. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any pan of the property or interest therein is sold,
<br /> transferred or otherwise conveyed by Trustor without Beneficiary's prior written consent excluding (a) the creation of a lien or
<br /> encumbrance subordinate to this Deed of Trust, (b)the creation of a purchase money security interest for household appliances,
<br /> (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
<br /> of three years or less not containing an option to purchase, such action is a breach of this agreement, and Beneficiary may, at
<br /> Bene6ciary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable, or cause the trustee
<br /> to file a notice of default. Beneficiary shall have waived such option to accelerate if, priar to the sale, transfer of conveyance,
<br /> Beneficiary and the person to whom the property is to be sold or transferred reach agreement in writing that the credit of such
<br /> person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such
<br /> rate as Beneficiary shall request.
<br /> 6. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Trustor to make any payment or
<br /> to perform any of the terms and conditions of the Note, or any renewals, modifications or extensions thereof, or the payment
<br /> FDNE200284
<br /> NE DEED OF TRUST Page 3 of 6 FD516NE3 03/98
<br /> 662516 (Rev.08-16-96)
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