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r 88- 101117 6. Addltlon.1 LI.n. .nd Protection of B.n.f1clery'. S.curlty. Trustor shall make all payments of interest and principal and payments of any other charges, fees and expenses contracted to be paid to any existing lienholders or prior beneficiaries under any prior deed of trust or mor. tgage before the date they are delinquent and promptly pay and discharge any and all other liens, claims or charges which may jeopardize the security granted herein. If Trustor falls to make any such payment or falls to perform any of the 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 commenced which materially affects Beneficiary's In. terest In the Property, Including, but not limited to, eminent domain proceedings, or proceedings Involving a decedent, or If Trustor fails to pay Trustor's debts generally as they become due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereunder, may make such appearances, disburse such sums, and take such action as Is necllssary to protect Beneficiary's Interest, Including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, con. test or compromise of any encumbrance, charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall fail to procure Insurance or to pay taxes, assessments, or any other charges or to make any payments to existing prior lien holders or beneficiaries. Beneffclary may procure such Insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall 'become addlllonallndebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon nollce from Beneficiary to Trustor requesting payment thereof, and shall bear Interest frOL: the date of disbursement at the rate payable from lime to time on outstanding prlnclllal under the Note unless payment of Interest at such rate would be contrary to applicable law,in which event such amounts shall bear in. terest at the highest rate permissible under applicable law. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any expense or take any action hereunder. 7. A..lgnmenl o' Renl.. Beneficiary shall have the right. power and authority during the continuance of this Deed of Trust to collect the rents, Issues and prollts of the Property and of any personal property located thereon with or without taking possession of the property affected hereby. and Trustor hereby absolutely and unconditionally assigns all such rents. issues and profits to Beneficiary. Beneficiary, however. hereby consents to the Trustor's collection and retention of such rents, issues and profits as they accrue and become payable so long as Trustor is not, at such time, in default with respect to payment of any Indebtedness secured hereby, or In the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either In 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 the Indebtedness hereby secured, (a) enter upon and take possession of the Property or any part thereof and In Its own name sue for or otherwise collect such rents. issues and profits, including those past due and unpaid, and apply the same, less co~ts and expenses of operation and collection. Including reasonable attorneys fees. upon any indebtedness secured hereby, and In such order as Beneficiary may determine; (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of the Property; (c) lease the same or any part thereof for such rental. term. and upon such conditions as its judgment may dictate or terminate or ad. lust the terms and conditions of any exlsllng lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents. Issues or profits to any Indebtedness secured hereby shall not extend or postpone the due date of the installment payments as provided In said promissory note or change the amount of such Installments. The entering upon and taking possession of the Property, the collection of such rents,lssues and profits, and the application ther~f as aforesaid. shall not waive or cure any default or notice of default hereunder. or lnlralidate any act done pursuant to such notice. Trustor also assigns to Beneficiary. as further security for the performance of the obligations secured hereby, all prepaid rents and all monies which may have been or may here:lfter be deposited with said Trustor by any lessee of the Property, to secure the payment of any rent or damages. and upon default in the performance of any of the previsions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupying said premises shall be sulliclent to require said tenant to pay said rent to the Beneficiary until further notice. 8. Condemnation. If title to any part of the Property shall be taken in condemnation proceedings, by right of eminent domain or similar action. or shall be sold under threat of condemnation. all awards. damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess. if any, paid to Trustor. If Trustor receives any notice or other Information regarding such actions or prOCeedings. Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled, at Its option. to commence, appear in and prOStH:ute In its own name any such action or proceedings and sl:all be entitled to make any compromise or settlement In connection with any such action or proceedings. 9. R~1e3 Not Exclu.I... Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any Indebted. ness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any other agreement executed in con- nection herewith or any laws now or hereafter In force. not.withstandlng some or all of the such tndebtedness and obligations secured hereby may now or hereafter be otherwise secured. whether by mortgage, deed of trust, pledge, lien, assignment or otheowise. Neither the acceptance of this Deed of Trust nor Its enforcement whether by court action or pursuant to the po_r of sale or other powers herein contained, shall prejudice or In any manner affect Trustee's or Beneflclary's right to reatlze upon or enforce any other security now or hereater held by Trustee or Beneficiary. It being agreed that Trustee and Beneficiary, and each of them, stlall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee In such order and manner as they or either of them may In thefr absotute discrellon determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary Is Intended to be exclusive of any other remedy herelr~ or by faw provided or permitted, but each s~all be cumulative and shall be In addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Trustee or Beneficiary or to which either of them may be otherwise entilled, may be exercised, concurrentiy or independentiy, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue Inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seekin!:, a defiCiency Judgment against the Trustor to the extent such acllon Is permitted by law. 10. Tr........ o'lhe Property; Auumptlon. If all or any part o'the property or any interest therein is sold. transferred or conveyed by Trusto' without Beneficlary's prior written consent. excluding (a) the creation of a lien of encumbrance subordinate to this Deed of Trust. (b) the creation of a purChase money security Interest for household appliances. (c) a transfer by devise. descent or by operation of law upon the dealh of a joint tenant or (IS) the grant of any leasehold Interest of three years or fess not containing an option to purchase, Beneficiary may. at Beneficiary's op- tion, de"lare all the sums secured by this Deed of Trust to be immediatelv due and Davable. or cause the Trustee to Iile a notice of default. Beneficiary shall have waived such optlon to accelerate If. prior to the sate, fransfer or conveyance. Beneficiary and the person to whom the property Is to be sold or transferred reach agreement in writing that the credit of such person Is satisfactory to B8neticlary and that the Interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. 11. AccefIerallon upon De'ault; Rented".; 58... Upon default by Trustor in the payment uf or performance of the terms lInd conditions of the Note, or any renewals, modlflcallons or extensions thereof, or the payment of any other indebtedness secured hereby or in the performance of any of the covenant I or agreements hereunder, Beneficiary may decla.. all sums secured hereby Immediately due and payable and the same shall thereupon become due and pay.ble wilhout presenlment, demand, protest or notice o' any kind. Thereafter, Beneficiary may deliver to Trustee a written deel.rallon of def.ult and demand for sale. Trustee shall have the power of sale of the Property and If Beneficiary decides the Property Is to be sold il shall deposil with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and election to cause the Property to be sotd, and Trustee. in turn, shall prepare a similar nollce In the form required by law which shall be duly filed for record by Trustee. (a) Alter the 'apse of such time as may be required by law following the recordation of Notice of Default, and Notice of Default and Notice of Sale having been given as required by law, Trustee, wilhout demand on Trustor, shall sell the Property in one or more parcels and In such order al Trustor may determine on the date and at the time and place designated in said Notice of Sale, at publiC auction to the highest bidder. the purchase price payable In cash In lawlul money of the United States at the time of sale. The person conducting the sale may. for any cause he or she deems expedient, postpone the slle from time to time until It shall be completed and. in every such case. notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, If lhe sale Is postponed for longer than one (1) d.y beyond the day designated In the Notice of Sale, notice thereof shall be given In the same manner as the original Notice of Sale. Trustee sh.1I execute and deliver to the purchaser Its Deed conveying the Property so sold, but without any covenant or warranty. express, or Implied. The recilals In the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without IImilallon BenefiCiary or Trustee, may purchase at the sale. (b) When Trustee selis pursuant to the powers herein, Trustee shall apply the proceeds 01 the sale to payment of the costs and expenses of exercising the power of sale and of the sale, Including, wilhout limitation, the payment of Trustee's Fees incurred, which Trustee's Fees shall not In the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid: 5 percentum on the balance thereof; and then to the Items set forth In subparagraph (c) hereof in the order therein stated. r--.'---- ~ {;f' f~ .~ ...