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200207593 <br />shall become additional indebtedness of Trustor secured by this Deed of Trust. Such <br />amounts shall be payable upon notice from Beneficiary to Trustor requesting payment <br />thereof, and shall bear interest from the date of disbursement at the rate payable from <br />time to time on the outstanding principal under the Note unless payment of interest at <br />such rate would be contrary to applicable law, in which event such amounts shall bear <br />interest at the highest rate permissible under applicable law. Nothing contained in this <br />Paragraph A.6 shall require Beneficiary to incur any expense or take any action <br />hereunder. <br />B. IT IS MUTUALLY AGREED THAT: <br />1. Assignment of Rents. Beneficiary shall have the right, power and authority <br />during the continuance of this Deed of Trust to collect the rents, issues and profits of <br />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 assigns all such rents, issues and profits to Beneficiary. Beneficiary, <br />however, hereby consents to the Trustor's collection and retention of such rents, issues <br />and profits as they accrue and become payable so long as Trustor is not, at such time, <br />in default with respect to payment of any indebtedness secured hereby, or in the <br />performance of any agreement hereunder. Upon any such default, Beneficiary may at <br />any time, either in person, by agent, or by a receiver to be appointed by a court, without <br />notice and without regard to the adequacy of any security for the indebtedness hereby <br />secured, (a) enter upon and take possession of the Property or any part thereof, and in <br />its own name sue for or otherwise collect such rents, issues and profits, including those <br />past due and unpaid, and apply the same, less costs and expenses of operation and <br />collection, including reasonable attorneys fees, upon any indebtedness secured <br />hereby, and in such order as Beneficiary may determine; (b) perform such acts of <br />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 <br />conditions as its judgment may dictate or terminate, or adjust the terms and conditions <br />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 <br />extend or postpone the due date of the installment payments as provided in said <br />promissory note or change the amount of such installments. The entering upon and <br />taking possession of the Property, the collection of such rents, issues and profits, and <br />the application thereof as aforesaid, shall not waive or cure any default or notice of <br />default hereunder or invalidate any act done pursuant to such notice. Trustor also <br />assigns to Beneficiary, as further security for the performance of the obligations <br />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 <br />payment of any rent or damages, or upon default in the performance of any of the <br />provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. <br />Delivery of written notice of Beneficiary's exercise of the rights granted herein to any <br />tenant occupying said premises shall be sufficient to require said tenant to pay rent to <br />the Beneficiary until further notice. <br />2. Condemnation. If title to any part of the Property shall be taken in <br />condemnation proceedings, by right of eminent domain or similar action, or shall be <br />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 <br />proceeds to the sum secured by this Deed of Trust, with the excess, if any, paid to <br />Trustor. If Trustor receives any notice or other information regarding such actions or <br />proceedings, Trustor shall give prompt written notice thereof to Beneficiary. <br />Beneficiary shall be entitled, at its option, to commence, appear in and prosecute in its <br />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 <br />option, prior to reconveyance of the Property to Trustor, may make future advances to <br />Trustor. Such future advances, with interest thereon, shall be secured by this Trust <br />Deed when evidenced by promissory notes stating that said notes are secured hereby; <br />provided that at no time shall the secured principal and future advances, not including <br />sums advanced to protect the security, exceed 100% of the original principal amounts <br />