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<br />5. Additional Llena and ProtlCtlon ot 8I11af.a&vr.c1r9J.J.a~ make all payments of Interest and principal and payments of any <br />other charges, fees and expenses contracted to be paid to eny existing lienholders or prior beneficiaries under any prior deed of trust cr mor- <br />tgage before the date they are delinquent and promptly pay and discharge any and all other liens, claims or charges which may Jeopardize the <br />security granted herein. If Trustor falls to make any such payment or falls to perform any of the covenants and agreements contained In this <br />Deed of Trust, or In any prior mortgage or deed of trull, or If any action or proceeding Is commenced which materially affects Beneficiary's In. <br />terest In the Property, Including, bul not limited to, eminent domain proceedings, or proceedings Involving e 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 sums, and take such action as Is <br />necessary to protect Beneficiary's Interest, Including, but not limited to, disbursement of reasonable attorney's fees, 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 ahall fall to <br />procure Insurance or to pay taxes, assessments, or any other charges or to make any payments to existing prior lien holders or beneficiaries, <br />Beneficiary may procure such Insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 8 shall <br />-becoma additional Indebtedness of Trustor secured by this Deed of Truet. Such amounts shall be payable upon notice from Beneficiary to <br />Trustor requesting payment thereof, and shall bear Interest from the date of disbursement at the rate payable from time to time on outstanding <br />principal under tile Note unless payment of Interest at such rate would be contrary to applicable law, In which event such amounts ahall bear In- <br />terest ;at the highest ra1e permissible under applicable law. Nothing contained In this Paragraph 8 shall require Beneficiary to Incur any expense <br />or take any action hereunder. <br /> <br />7. Aaalgnment of Ranta. BenefiCiary shall have the right, power and authority during the continuance of this Deed ,of Trust to collect the rents, <br />Issues and profits of the Property and of any personal property located thereon with or without taking possesalo'l of the property affected <br />hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, Issues and profits to Beneficiary. Beneficiary, however, hereby <br />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, <br />at such time, In default with respect to payment of any Indebtedness secured hereby, or In the performance of any agreement hereunder. Upon <br />any such default, Boneflclary may at any time, either In person, by agent, or by a receiver to be appointed by a court, without notice and without <br />regard to the adequacy of any security for the Indebtedness hereby aecured, (a) enter upon and take possession of the Property or any pert <br />thereof, and In Ite own name sue for or otherwise collecl such rents, Issues and profits, Including those past due and unpaid, and apply the same, <br />less costs and expenses of operation and collection, Including reasonable attorneys fees, upon any Indebtedness secured hereby, and In such <br />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 <br />Property; (c) lease the same or any part thereof for such rental, term. and upon such condlllons as Its judgment may dictate or terminate or ad- <br />just the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise In writing, any application of rents, <br />Issues or profits to any Indebtedness secured hereby shell not extend or postpone the due date of the Installment payments as provided In said <br />promlasory note or change the amount of such Installments, The entering upon and taking possession of the Property, the collection of such <br />rents, Issues and profits, and the application there!)f as aforl!sald, shall not waive or cure any default or notice of default hereunder, or Invalidate <br />any act done pursuant to such nollce. Trustor also assigns to Beneficiary, as further security for the performance of the obligations secured <br />hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said Trustor by any lessee of the Property. to <br />secure the payment of any rent or damages, and upon default In the performance of any of the provisions hereof, Trustor agrees to deliver such <br />rents and deposits to Beneficiary, Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupying said <br />premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice, <br /> <br />8. Condemnation. If title to any part of Ihe Property shall be taken In condemnation proceedings, by right of eminent domain or similar action, <br />or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall <br />apply such awards, damages and proceeds to the BUm socured by this Deed of Trust, with the excess, If eny. paid to Trustor. If Trustor receives <br />any notice or other Information regarding such actions or proceed'ngs, Trustor ahall give prompt written notice thereof to Beneficiary. <br />Beneficiary shall be entitled, at lIs option, to commence, appear In and prosecute In Its own name IIny such action or proceedings and shall be <br />entitled to make any compromise or settlement In connection with any such action or proceedings. <br /> <br />9, RemedIM Not belulh,.. Trustee and Beneficiary, and each of them, shall be entitled 10 enforce payment and performance of any Indebted- <br />neaa or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any other agreement executed In con- <br />nection herewith or any laws now or hereafter In force, not-withstanding some or alt of the auch Indebtedness and obligations secured hereby <br />may now or hereafter be otherwll8 secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither 'he acceptance <br />of this Deed of Trust nor Its enforcement whether by court action or pursuant to the power of sale or other powers herein contained. shall <br />prejudice or In any manner affect Trustee's or Beneflclary's rlghllo realize upon or enforce 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 entllled to enforce this Deed of Trust and any other security <br />now or hereafter held by Beneficiary or Trustee In such order and manner as they or either of them may In their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or Beneflcll!iry Is Intended to be exclusive of any other remedy herein or by law provided or <br />permitted, but each s~all be cumulative and shall be In addition to every other remedy given hereunder or now or hereafter existing at taw or In <br />oqulty or by atatute. Every power or remedy provided hereunder this Deed of Trust 10 Trustee or Beneficiary or to which either of them may be <br />otherwise entitled, may be exercised, concurrently or Independenlly, 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 seeking a <br />deficiency judgment against the Trustor to the extent lluCh action Is permitted by law, <br /> <br />10, Trena" of the Property; Aalumptlon, If all or any part of Ihe property or any Interest therein Is sold, transferred or conveyed by Trustor <br />without Beneficiary's prior written consent. excluding (II) the creation 01 a lien of encumbrance subordinate to this Deed of THlst, (b) the creation <br />of a purchal8 money security Interest for household appliances, (C) a transfer by devise, descent or by operation of taw upon the death of a joint <br />tenant or (d) the grant of any leasehold Interest 01 three years or tess not containing an option to purchase, Beneficiary may, at Beneficiary's op- <br />tion. decllre aU the sums secured by this Deed of Trust to be Immedlatelv due arid Davable. or cause the Truetee 10 file a nollce of default. <br />Beneficiary shall have waived such opllon to accelerale If, prior 10 the sale, Transfer or conveyance, Beneficiary and the person to whom the <br />property Is to be sold or transferred reach agreement In writing thai the credil of such person Is satisfactory to Beneficiary and that the <br />Internt payable on the sums secured by this Deed of Trust shalt be at such rate as Beneficiary shall request. <br />11. AccaIteratlon upon Default; A.medlal; Sala. Upon default by Truslor In the paymenl 01 or performance 01 the terms and conditions of the <br />Note, or any ron_als. modifications or extensions thereol, or the payment 01 any other Indebtedness secured hereby or In the performance of <br />any of the covenants or agreements hereunder. Beneficiary may declare all sums secured hereby Immediately due and payable and the same <br />shall thereupon become due and payable without presentment. demand. protest or notice of any kind. Thereafter. Beneficiary may deliver to <br />Trultee a written decllratlon of default and demand for sale, Trustee shall have the power of sale of the Property and If Beneficiary decides the <br />Property Is to be sold it shall depollt with Trustse this Deed of Trust and the Nole or noles and any other documents evidencing expenditures <br />secured hereby, and shall deliver to Trustee a written nollce ot default and election 10 cause tho Property to be sold, and Trustee, In turn, shall <br />prepare a IlmUII notlcaln the form required by law which shall be duly flied 'or record by Trustee, <br /> <br />(a) After the laptlB of such time as may be required by law 'ollowlng the recordation of Notice of Default. and Notice of Default and Notice of <br />Sale having bean given as required by law, Trustee, without demand on Trustor. shall sell the Property In one or more parcell and In such order <br />as Trullor may determine on the date end .tlhe time and place designated In said Notice 01 Sale, al publiC auction to the highest bld08r. the <br />purcha.. prlc. payablaln cash In lawful money 01 the United StItes althe lime of sale, The person conducting Ihe sale may. lor any cause he or <br />ahe daaml axpedlent, postpone the 18la Irom tlm. to time unllllt shall be completed and, In ewery such case. noUce 01 postponement shall be <br />given by publiC decllratlon thereof by such perlon atlhe time and place last appointed for the sale; prowlded, If the sale Is postponed for longer <br />than one (11 day beyond the day da.lgnatad In Ihe Notice 01 Sale, notice Ihereo' shall be glwen In the same manner as Ihe original Notice 0' SlIle, <br />Trult.. shall execute and dellvlJr to the purcha..r II. Deed conveying the Property so sold. bul without any covenant or warranty. IIIxpreas, or <br />Implied. Th. recital. In the Dead of any matlarl or 'act. shall be conclusive prool 01 .he trulhlulneas thereof, Any person. InCluding without <br />IImltaUon Banallcllry or Tru.'.. may purcha.e at tha .ale, <br /> <br />(bl When frUit.. ..U. pursullnt '0 the power. heraln. Trullee shaU apply Ihe proceeds ollhe sala '0 payment 01 .he costs aM expenles 01 <br />..arcl""g tha power o,..le and 01 Ihe ..Ie, Including. wlthou.llmltatlon, 'he payment of Trustee's Fees Incurred, which Trus.ee's Fees shall not <br />In lhe aggr~at. allCMd the following amount. baled upon the amount secured hereby Ind remaining unpaid: 5 percenlum on the balance <br />lhetaol; and than to the It.m. HI lorth In subparagraph (cl heraolln .he ord.r therein stated, <br /> <br />L <br />