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200205046 <br />prior deed of trust or mortgage before the date they are delinquent and promptly pay and discharge any and all other liens, claims or <br />charges which may jeopardize the security granted herein. If Trustor fails to make any such payment or fails to perform any of the <br />covenants and agreements contained in this Deed of Trust, or in any prior mortgage or deed of trust, or if any action or proceeding is <br />commenced which materially affects Beneficiary's interest in the Property, including, but not limited to, eminent domain <br />proceedings, or proceedings involving a decedent, or if Trustor fails to pay Trustos debts generally as they become due, then <br />Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and without releasing Trustor from any obligation <br />hereunder, may make such appearances, disburse such sums and take such action as is necessary to protect Beneficiary's interest, lien, <br />and entry upon the Property to make repairs. In the event that Trustor shall fail to procure insurance or to pay taxes, assessments, or <br />any other charges or to make any payments to any existing prior lien holders or beneficiaries, Beneficiary may procure such <br />insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph A.6 shall become additional <br />indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor <br />requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on the <br />outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such <br />amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this Paragraph A.6 shall <br />require Beneficiary to incur any expense or take any action hereunder. <br />B. IT IS MUTUALLY AGREED THAT: <br />1. Assignment of Rents. Beneficiary shall have the right, power and authority during the continuance of this Deed of <br />Trust to collect the rents, issues and 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 unconditionally assigns all such rents, issues and <br />profits to Beneficiary. Beneficiary, however, hereby consents to the Trusto's collection and retention of such rents, issues and profits <br />as they accrue and become payable so long as Trustor is not at such time, in default with respect to payment of any indebtedness <br />secured hereby, or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in <br />person, by agent, or by a receiver to be appointed by a court, without notice and without regard to the adequacy of any security for <br />the indebtedness hereby secured, (a) enter upon and take possession of the Property or any part thereof, and in its own name sue for <br />or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of <br />operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such order as <br />Beneficiary may determine; (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 judgment may dictate or <br />terminate, or adjust the terms and conditions of existing leases. Unless Trustor and Beneficiary agree otherwise in writing, any <br />application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the installment <br />payments as provided in said promissory note or change the amount of such installments. The entering upon and taking possession <br />of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any <br />default or notice of default hereunder or invalidate any act done pursuant to such notice. Trustor also assigns to Beneficiary, as <br />further security for the performance of the obligations secured hereby, all prepaid rents and all monies which may have been or may <br />hereafter be deposited with said Trustor by any lessee of the Property, to secure the payment of any rent or damages, or upon default <br />in the performance of any of the provisions hereof; Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of <br />written notice of Beneficiary's exercise of the rights granted herein to any tenant occupying said premises shall be sufficient to <br />require said tenant 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 eminent <br />domain or similar action, or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and <br />shall be paid to Beneficiary who shall apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the <br />excess, if any, paid to Trustor. If Trustor receives any notice or other information regarding such actions or proceedings, Trustor <br />shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled, at its option, to commence, appear in and <br />prosecute in its own name any such action or proceedings and shall be entitled to make any compromise or settlement in connection <br />with any such action or proceedings. <br />3. Future Advances. Upon request of Trustor, Beneficiary at Beneficiary's option, prior to reconveyance of the Property to <br />Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust Deed when <br />evidenced by promissory notes stating that said notes are secured hereby; provided that at no time shall the secured principals and <br />future advances, not including sums advanced to protect the security, exceed 100% of the original principal amounts secured hereby. <br />4. Remedies Not Exclusive. Trustee and Beneficiary shall each be entitled to enforce payment and performance of any <br />indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any other <br />agreement executed in connection herewith or any laws now or hereafter in force, notwithstanding that some or all of the <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, <br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant <br />to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to <br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of <br />them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such <br />order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved <br />to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by <br />statute. Every power or remedy provided in this Deed of Trust to Trustee or Beneficiary or to which either of them may be otherwise <br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or <br />Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from <br />seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />5. Transfer of the Property; Assumption. If all or any part of the property or interest therein is sold, transferred or <br />otherwise conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance <br />subordinate to this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by <br />devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less <br />not containing an option to purchase, such action is a breach of this agreement, and Beneficiary may, at Beneficiary's option, declare <br />all the sums secured by this Deed of Trust to be immediately due and payable, or cause the Trustee to file a notice of default. <br />Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer or conveyance, Beneficiary and the person to <br />whom the property is to be sole or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary <br />and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. <br />6. Acceleration Upon Default; Remedies; Sale. The failure by the Trustor to make any payment or to perform any of the <br />terns and conditions of the Note, or any renewals, modifications or extensions thereof. or the payment of any other indebtedness <br />secured hereby or in the performance of any of the covenants or agreements hereunder shall be a breach of this agreement and the <br />Beneficiary may declare a default and may declare all sums secured hereby immediately due and payable and the same shall <br />thereupon become due and payable without presentment, demand, protest or notice of any kind; subject, however, to the right of the <br />Trustor to reinstate the obligation as provided by law. After acceleration, Beneficiary may deliver to Trustee a written declaration of <br />default and demand for sale. Tnzior agrees and hereby grants that the Trustee shall have the power of sale of the Property and if <br />Beneficiary decides the Property is to be sold it shall deposit with Trustee this Deed of Trust and the Note or notes and any other <br />documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and election to cause the <br />Property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be duly filed for <br />record by Trustee. <br />