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<br /> � � 94- �.o�.o��
<br /> 4. R�mediee Not Exc�usive. Truotee and Seneficiary ehall
<br /> each be entitled to enforce paymont and performance of any
<br /> iridebtedneeQ or obligations aecured hereby and to exercise all
<br /> righte and powera under thie Deed of Trust or under any other
<br /> a�greemant executed in connaction herewith or any Zawa nor or
<br /> --��- --
<br /> -- �� heree�fr.er in. fox•ce, natwithatanding that some or all of the
<br /> indebtedneea and obligatiene aecured hereby may now �r hereafter e --
<br /> otherwiae secured, whether by mortgage, deed of truet, pledge,
<br /> lien, aesignment or otherwise. Neither the acceptance of thia Deed
<br /> of Truat nor its enforcemen�, whether by court action or pursuant
<br /> � to the power of aale or other powere herein contained, shall
<br /> _���_�z_-�__._ a pxejudice ar in any manner affect Trustee's or Beneficiary'e right _
<br /> to enforce any other aecurity now or hereaftex held by Truatee or
<br /> Benefici.ary, it being agreed that Trustee and Beneficiaxy, and each
<br /> of them, shall be entitled to enforce this Deed of Trust and any
<br /> other security now or� hereafter held by Beneficiary or Truetee in
<br /> -� euch order and manner as they or either or them may in th�ir
<br /> =�� absolute discretion determine. No remedy herein conferred upon or
<br /> reserved to Trustee or Beneficiary is intended to be exclusive of _
<br /> - �. -any other remedy herein or by law provided or permitted, but each
<br /> ahall be cumulative and ahall be in addition to every other remedy
<br /> ".•�.«'.� a''.� , given Y,Preunder or now or hereafter existing at law or in equity or
<br /> . by atatute. Every power or remedy provided in this Deed of Trust =
<br /> � �• �`= '�'±�;'�„ to Trustee or Benef iciary or to which either of them may be
<br /> • ; otherwiae entitled, may be exerciaed, concurrently or
<br /> ' � '~i, .' " independently, f rom time to time and as often as may be deemed
<br /> �;���y�'�;.�� expedient by Trustee or Benef iciary and either of them may pursue _
<br /> ''�� ""�" ''` � inconaistent remediea. Nothing herein shall be construed as
<br /> , � �-.r� .�
<br /> �-f�. �-N,�'• prohibiting Beneffciary from seeking a deficiency judgment againat
<br /> � ; the TrustQr to the ex_t?nr such action is permitted by law.
<br /> � —�._�:;:_r,....
<br /> ��.�:,�:. .,:..,��..,.,",.�.:
<br /> � � 5. Tra..bi�:. vf the Fraoc�ry• AssumUt ion. I f al l or any part �
<br /> � � of the property or intereat therein is sold, transferred or �,'
<br /> otherwise conveyed by Trustor wi.thout Beneficiary's prinr written
<br /> . consent, excluding (a) the creation of a lien or encumbrance �_
<br />-_ ' subordinate to this Deed of Trust, (b) the First and Second Deeds -
<br /> � of Trust, (c) the creation of a purchase money securi�y intere8t ��
<br /> - ' � for furniture, fixtures or equipment, (d) a transfer by devise, -
<br /> =,�,, ' �� descent or by operation of law upon the death of a joint tenant of �_.
<br /> �; (e) the grant of any leasehold interest of three years or less not
<br /> containing an option to purchase, such ac�ion is a breach of this �
<br /> agreement, and Beneficiary may, at Beneficiary's option, declare �
<br /> ' ' all the sums secured by this Deed of Trust to be immediately due
<br />" . �•� � � and payable, or cause the Trustee to file a notice of default. �
<br /> . � Notwithstandiiig the foregoing, the Note secured hereby shall be •
<br /> assumable by any purchaser of the Property provided that the
<br /> �'��.��,.. following condirions are satisfied:
<br /> � i��•�
<br /> � 1. Such purchaser and its principals are at least !
<br /> • � -" as creditworthy as Trustor and its principals, as
<br /> . t;;., reasonably determined by the holder of the Note at the �
<br /> time af such purchase. t
<br /> �. , ��� �� 2. Such purchaser agrees to assume and pay the
<br /> ,' � � Note and further ag:ees to assume and perform all of the
<br /> - Trustor's covenants and obligations hereunder and other
<br /> �r documents eecuring the Note.
<br /> , � 3. At the time of such sale there are no defaults
<br /> ��' under the Note or any documents securing the Note.
<br /> 4. Trustor or such purchaser pay for and provide
<br /> the holder of the Note with a title insurance policy or
<br /> anr3nraament to an existinc; title insurance policy
<br /> � confirming that the lien hereof shall not lose its
<br /> � priority as a result of such assumption.
<br /> � No later than twer.ty (20) days prior to such purchase, Trustor and
<br /> � ` � such purchaser shall submit to holder a request for consent to
<br /> , asaume the Note in accordance herewith along with credit
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