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<br />88- 1020~'O
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<br />6. Addlllonal Lien. and Protection of lI.n.nelary'. Security, Trustor IIhall make all paymenls of Interest and principal and r Ayments of any
<br />other charges, fees and expenses contracted to be paid to any eKlstlng lienholders or prior beneficiaries under any prior dee J of trust or mor.
<br />tgage belore the date they are dellnquenl and promptly pay and discharge any and all other liens, claims or charges which IT,ay Jeopardize the
<br />security granted herein. II Trustor falls to make any such payment or falls to perform any 01 the covenants and agreements contained In Ihls
<br />Deed of Trust, or In any l)rlor mortgage or deed of trust, or II any action or proceeding Is commenced which materially allects Bel"l:lflclary's In.
<br />terest In the Property, Including, but not IImltod to, eminent domain proceedings, or proceedings Involving a decedent, or If Trustor falls to pay
<br />Trustor's debts generally as they become due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and
<br />without releasing Trustor from any obligation hereunder, may make such appearances, disburse such liums, and take such action as Is
<br />necessary to protect Benellclary'slnterest, Including, but not limited to, disbursement of reasonable attorney's feesr payment, purchase, con.
<br />test or compromise of any encumbrance. charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall fall to
<br />procure Insurance or to pay taxes, assessmenls, or any other charges or to make any payments to existing prior lien holders or beneficiarIes.
<br />Beneficiary may procure such InsurllnCfl and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph tI shall
<br />become additional Indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable UPOil notice from Beneficiary to
<br />Trustor requesting payment thereof, and shall bear Interes-t from Ihe date of disbursement at the rate payable from time to time on outstanding
<br />principal under the Not. unless payment ollnt.r.st at such rate would be contrary to applicable law, In which event such amounts shall bear in-
<br />terest at the highest rate permlaslble under applicable law, Ncthlng contained In this Paragraph 6 ahall require BenefiCiary to Incur any expense
<br />or take any action hereunder.
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<br />7. A..lgnment 01 Rent.. Beneficiary ahall have Ihe right, power and authority during the continuance of thla Deed of Trust to cullect the renls,
<br />Issuea and profits of the Property and of any personal property located Ihereon with or without taking posseselon of the property affected
<br />hereby, and Trustor hereby abaolulely and unconditionally asslgna all such rents, Issues and prollts to Beneficiary. Beneficiary, however, hereby
<br />consents to the Truator's collection and retention of such renls, Issues and prollts as they accrue and become payable so long as Trustor Is not.
<br />at auch time, In de,ault with respect to payment 01 any Indebledness secured hereby, or In the performance of any agreement hereunder. Upon
<br />any alich default, Beneficiary may at any time, either In person, by agel'll, or by a receiver to be appointed by a court, without notice and wnhout
<br />regard to Ihe adequacy of any security for the Indebtedness hereby aecured, (a) enter upon and take possession of the Property or any part
<br />thereol, and In Its own name sue for or otherwise collecl such rents, lasues and profits, including those past due and unpaid, and apply the same.
<br />Iflss coslS anO expenses 01 operation and collection, Including reasonable sllorneys fees, upon any Indabledness secured hemby. and In such
<br />order as Beneficiary may determine; (b) perform such acta of repair or prolectlon as may be necessary or proper 10 conserve the value of the
<br />Property; (c) le5l8e the same or any part thereof for such renlal, term, and upon such conditions as Its Judgment may dictate or termlnale or ad,
<br />;uat the terma and conditions of any existing lease or leases. Unless Truator and Beneficiary agree otherwise In writing, any appllcatlon of rents,
<br />Issues or proflts to any Indeblednesa aecured hereby shall not eKtend or postpone the due dale of the Install me lit payments as provided in said
<br />promissory nole or change the Ilmount of such Inatallments. The entering upon and laking possession oflhe Property, the collectlon of such
<br />rents, Issuea and profits, and the application Ihere9f as aforesaid, shall not waive or cure any del au It or notice of default hereunder, or Invalidate
<br />any ar.1 done pursuant 10 such notice. Trustor also assigns to Benellclary, as furlher security for the perlormance of the obligations secured
<br />hereby, all prepaid renls and all monies which may have been or may hereafter be depoalted with salel Truslor by any lessee of the Property, 10
<br />secure the payment of any rent or damages, and upon default In Ihe performance of any oflhe provisions hereof. Trustor agrees to deliver such
<br />rents and depoelts to Beneficiary, Delivery of written nollce of Beneficiary's exercise oflhe rlghls granted herein, to any lenent occupying said
<br />premises shall be sufficient to require said lenanllo pay said rent to the Benellciary until further notice.
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<br />8. Condemnation. II titie 10 any part of the Property shall be taken in condemnation proceedings, by rlghl of emlnenl domain or similar action,
<br />or ahall be sola undor threat of condemnation, sll awards, damages and proceeds are hereby assigned and shall be paid 10 Beneficiary whO shall
<br />apply lIuch awards, damages and proceeds to Ihe sum secured by this Deed 01 Truat, with the excess, II any, paid to Trustor. II Trustor receiv&5
<br />any notice or other Information regarding such actlona or proceedings, Trustor shall give prom pI written notice thereof 10 Beneficiary.
<br />Beneficiary shall be ontltled, at lIs option, to commence, appear In and proaecute In lIB own name any such acUon or proceedings and shall be
<br />entitled to make any compromise or settlement In connection wllh any such action or proceedings.
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<br />g, RemedlH Nol Ellclu.l... Trustee and Beneficiary, llnd each 01 Ihem, shall be entitled 10 enforce paymenl and perform.nce ot any indebted-
<br />neas or obligations secured hereby Illnd to eKerclSe all rights find powers under this Deed of Trust or under any olher agreement executed in con.
<br />nacllon herewith or any laws now or herealter In force, not-wlthslllndlng some or all of the such Indebtedness and obligations secured hereby
<br />may now or hereafter be otherwla8 secured, whether by morlgage, deed oflrust. pledge, lien, asslgnmenl or otherwise. Neither Ihe acceptance
<br />of this Dead of Trust nor Its enforcement whelher by court acllon or pursuant 10 Ihe power of sale or olher powers herein contained, shall
<br />prejudice or In any manner aflecl Truslee's or Benellclary's right 10 realize upon or enlorce any other security now or hereater 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 Trusl and any other 5&curlly
<br />now or hereaft.r held by Beneficiary or Trustee In such order and manner aathey or either of them may In their absolute discretion delermine. No
<br />remedy herein conferred upon or reserved to Truslee or Beneficiary Is Intended to be exclualve of any other remedy herein or by law provided or
<br />permitted. but each aha II be cumulative and shall be in addition to every other remedy given hereunder or now or hereaHer oxlsting at law or in
<br />elqulty or by statute. Every power or remedy provided hereunder this Deed 01 Trusl to Trustee or Benellclary or to which either of them may be
<br />otherwise entitled, may be exerclaed, concurrently or Independently, trom time to time and as often as may be deemed expedient by Trustee or
<br />Beneficiary and either of them may pursue Inconalslenl remedlea, Nothing herein shall be conal rued as prohibiting Benellclary from seeking 8
<br />cletlciem::y Judgment aglllnst Ihe Truslor to the extent such action la permitted by law,
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<br />to, Tranllar 01 the Property; Allumptlon. II all or any part of the property or any Inlerestlhereln IS sold, transferred or conveyed by Trustor
<br />wllhoul Beneficiary's prior written consent, excluding (allhe creation of a lien of encumbrance subordlnale to Ihls Deed 01 Trusl, {bl the creation
<br />of a purchase money security Inleresllor houaehold appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint
<br />tenanl or (d) Ihe grent 01 any leasehold interest of three yeara or leas 1'101 containing an option to purchase, Beneflclar I may. al Benehciary's op.
<br />tlon, declare all the sums secured by this Deed 01 Trust to be ImmediatelY due and Davable. or cause the Truslee 10 IIle a notice of default,
<br />Benellclary shall have waived such option to accelerate If, prior to Ihe sale. Transler or conveyance, BenellC'ary and the person 10 whom the
<br />propeny is 10 be sold or transferred reach agreemenl in writing that Ihe credit 01 such person Is satlsfaclory to Beneficiary and that the
<br />Intere51 payable on the sums secured by Ihls Deed of Trusl shalt be al such rale as Beneficiary shall requesl,
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<br />11. Accorterallon upon Datault; R.m_I..; Sal., Upon default by Trustor In the paymenl 01 or performance of the terms Rnd conditions 01 the
<br />Note, or any renewals, modifications or exlenslons thereof, or the paymenl of any other indebledness secured hereby or in the performance of
<br />any of the covenants or agreemenls hereunder, Beneficiary may declare all sums secured hereby Immediately due and payable and the same
<br />shalllhereupon become due and payable without presentment, demand, protest or notice 01 any kind. Thereafter, Beneficiary may deliver to
<br />Truslee a written declarallon of default and demand for sale. Truatee shall have the power of sale of the Property and If Beneficiary decides the
<br />Property Is to be aold It shall depoalt with Trustee this Dead 01 Trusl and the Nole or noles and any other documenls evidencing ellpendltures
<br />secured hereby, and shall de live. to Trustee a written nollce of defaull and elecllon to cause the Property to be sold, and Trustee, in turn, shall
<br />prepare a similar notice In Ihe form required by law which shall be duly lIIed for record by Truslee.
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<br />(a) Afler IlIe lapse of such time as may be required by law following the recordallon 01 Notice of Delault. end Notice 01 Default and Notice of
<br />Sale havIng been given as required by law, Trustee, without demand on Truslor, shall selllhe Property In one or more parcela and In such order
<br />as Trustor may determine on the date and at the time and place designated In said Notice of Sale, at publiC aucllon 10 the highest bidder, the
<br />purchase price payable In cash In lawful money 01 the United Slates at the time 01 sale, The person conducting the sale may, lor any cause he or
<br />ahe deems expedient, postpone the sale Irom time 10 time until It shall be completed and, In every Buch case, notice 01 postponement shall be
<br />given by public declar.llon Ihereof by such person allhe time and place last appointed lor the sale; provided, If the sale Is pOSlponed lor longar
<br />Ihsn one (1) day beyond tho day doslgnated In the Notice 01 Sale, nollce Ihereof shall be given In the same manner as the original Notice of Sale
<br />Trustee ahall Bllecute and deliver to the purchaser Its Deed conveying the Property so sold, but without any coven anI or warranty, ekpress. or
<br />Implied. The recitals in Ihe Doed 01 any mallors or lacts shall be conclusive prool of the lruthlulness thereol, Any person. Including wltho'Jf
<br />IImltotlon Benellclary or Trustee, may purchaso al the salo,
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<br />(bl When Trustee sells pursuant to Ine powers herein, Truslee !lhall apply the proceedS 01 the sole 10 payment 01 the costs and Ollponses 01
<br />oxercllllng the power 01 salo and of the sale, Inciudlng, wlthoulllmltallon, the payment 01 Trustee's Fees Incurred, which Truslee.!! Fees sh::lll not
<br />In the aggregate eKceed the following amounts basen upon the amount secured hereby and remaining unpaid: 5 percentum on '/',8 balance
<br />Ihorool; IInd then 10 Iholtems sot lorth In subparagraph (c) hereol In the order therein statod,
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