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<br />88- 103490
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<br />are hereQy assi~ and shall be paid to Beneficiary _ who shall apply such
<br />awards, damages, an:l ~ to the sum secured by this Deed of TrUsf, with
<br />the excess, If any:( paid to Trustor. If Trustor receives any notice or other
<br />inforna.tion ~ sud1 actions or p~, Trustor Shall cp.ve p~
<br />written notice there5f to the BeneficiaiY. BenEifici4rY shall be entitled, at
<br />its cp1:ion, to COIlIIll!IlOE!, a~ in ancr prosecute in its own nane any such
<br />action or proceedings and-shall be en1:itled to make any compromIse or
<br />settlement m connect1on with any sud1 action or proceedings.
<br />9. Fl '4_ BDI: BIIClUfdve. Trustee and Beneficiary, and each of them"
<br />shall be entitled. to enforce payment of any indebtedness secured her~ ana
<br />pf,!rformance of any of the o15lIgations secured hereby and to exercise all
<br />rights and powers under this o-eed of Trust or under amr other agreement
<br />executed in Connection herewith or any laws natl or hereafter in force, not-
<br />withstanding some or all of such inaebtedness secured hereby may now or
<br />hexeafter be otherwise secured, whether l;ly JIK)~ge, deed of tfustDeed, pl~e,
<br />lien assignm:o.nt or otherwise. Neither tne acceptance of this of TrUst:
<br />nor Its enforceaent whether by court action or pursuant to the power of sale
<br />or other ~ herein contained, shall prejudice or in any manner affect
<br />Trustee's or Benefic~' s riaht to realize ).!pOn or enforce any gther security
<br />nOW' or hereafter held bY Trust:ee or Beneficiary, it being agreed that Trustee
<br />an:l Beneficiar.{L cud eaCh of them, shall be entitled to enforce this Deed of
<br />Trust and apy omer security nOW' or hereafter held by Benefic~ or Trustee
<br />in sud1 order an:l manner as they or either of them nay in their absolute
<br />discretion determine. No remadv nerein conferred \1P9!l or reserved to Trustee
<br />or Benefici~ is intended to De exclusive of any Other rerredy herein or l:;Iy
<br />law provided or ~rmitted, but each shall be cumulative and shall be in
<br />addifion to every Other reme!dv given hereunder or natl or hereafter exi8tPl9 at
<br />law or in ~tt or bv statUte. EverY P.CM& or r~ provided hereUndei in
<br />this Deed of TrUSt to Trustee or Beneficiary or to which either of them may.be
<br />otherwise entitled, nay be exercised, concurrently or indepeu::ie!ltly.t from tiDe
<br />to time and as often as nay be deemed expedient Dy Trustee or BeneJ:ici.aJ:y and
<br />either of them may ~sue inconsistent rE!llledies. Not:hincJ herein shall be
<br />construed as profiil5iting Beneficiary from seeking a deficiency judgment
<br />against the TrUstor to the extent such action is pernu.tted by law.
<br />10. '1'J:aDBfer of P&.~~ ~ If all or apy part of the ~
<br />or ?Urj interest therein 1S SOld transferred or Otherwise COQveyed bv 'l'xUstor
<br />withoUt Beneficiary's ~ior writ:ten consent exclgd!ng (a) the c:reafion of a
<br />lien or encumbrance sUbordinate to this Deed of Trust, (b) creation of a
<br />(:)UI'chase rroney security interest for household appliances, (c) a transfer by
<br />aevise, descent... or bv-opef"ation of law upop. the-aeath of a joint tenant, or
<br />(d) the grant OJ: apy Dona fide leasehold mterest of three ~ or les-.!l.rot
<br />cootainifia an qJl:ion to pw;:chas~c ,Beneficiary may, at Benefici~'s ~on(
<br />declare all the SUllS 5eClfred bv t:lUS Deed of 'l'rUS"t to be iIlrrediately dUe ana
<br />cavable, or cause the Trustee to file a notice of default. Benefic1aJ:Y shall
<br />have waived such option to accelerate if, prior to the sale, transfer or
<br />conveyance, BenefiCiary and the person to wnan the p~ is to be sold or
<br />transferred reach agreement in writing that the credit of such person is
<br />satisfa~ to Benefician' and that the interest pay~le on the SUIlB Secured
<br />by th s of Trust shall be at such a rate as Benef"iciary shall request.
<br />11. JlaXtlemtia1 14IQR Defau].tl II ~i_, Sale. Upop default by Trustor
<br />in the paytnent of or ~j:formanoe of the terms and conditions of the Notec. OJ:'
<br />~ ~enewals, roodifications or extensions thereof, or the pa~t of any Oater
<br />inaebtedness secured herebY or in the performance of any of the covenants or
<br />agreements hereunder, Seneficiary may declare all sums secured hereby
<br />immediate~y_due and payable and tfie same shall thereuPQn become due ana
<br />p_ayable wfthout presentment, demand, protest" or notice of an~ kind.
<br />'nlereafter BeneficIary may dehver to Trustee a written declaration orDefault
<br />an:l dE!l'lliUd for sale. Trustee shall have the ~ of sale of the ProDertY an:l
<br />if Benefici~ decides the PrODertv is to be sold it shall de"coSlt -witfi the
<br />Trustee this Deed of Trust and toe Note or Notes and any ofher documents
<br />evidenc~ eJg)erditures secured hereby, and shall deliver to Trustee a written
<br />notice of default an:l election to cause the ProPertY to be sold, an:l Trus~.r
<br />in turn, shall PI:e~e a similiar notice in tfie f'orm I'E!qUi.red by law whicn
<br />shall be duly filed for record by the Trustee with not1ce of such filing
<br />nailed to the Trustor as provided bv law7_ provided that if the TnlStee and
<br />Benefici~ are the sane ~son or enutv there shall be no ~rement that a
<br />depof?it be made with itself or notice be given to itself, unless otherwise
<br />required by law in order to enforce the proVisions hereof.
<br />la) After the lapse of suCh time as may be ~ed by law follawi!19 the
<br />recordation of Notice of Default, and Notice of Default and Notice of Sale
<br />haViog been given as ~red py law~ Trustee, without demand en Trustor,
<br />shall sell t:llE! Praperty at public auct10n to the highest bidder on the date
<br />and at the time an:l place desigIlElted and under the terms and narmer set forth
<br />in said Notice of sale, the pufc!1ase pz:ice thereup>n paY.!!ble in cash in lawful
<br />JlK)ney of the United States of America. TrusteeJ for any cause deemed
<br />expeaient by the Trustee, may postpone sale of all or any parcel of the
<br />PrQPe~{rtl1C announcement a"t the time and place last appointed for such
<br />sale, that if the sale is postponed for longer t.hali one day beyord
<br />the OIl des gnated in the Notice of Sale, oot1ce thereof shall be given in
<br />the B8I1S marmer as the oriEl notice of sale given in conpliance with the
<br />crovisions of this Deed of t and the_ applicaDle law. AnY ~son including
<br />\:he Trustee or the Benefic a~ or its dern:gneE! may purchaSe the Prppertv at
<br />ant sale P.11:suant hereto. t)pQn such sale and fu""11 payment, Trustee Shall
<br />execute ari:1 deliver to the purChaser its Deed oonyeyinQ the Pi'oPertv so sold,
<br />but without atrJ covenant or warranty, express or tl1l'lied. The i:ecUal in the
<br />deed of ant IlIltters or facts shaH be conclusive proof of the truthfulness
<br />thereof .
<br />(b) \It1en t;M Trustee sells P'lI'suant to the P.qWers herein, Trustee shall
<br />apply the proceeds of the sale to payment of the costs and expepses of
<br />exerCising the power of sale and of the sale] includil1g, without llnutation,
<br />the paymeitt of t.he Trustee's reef) incurred, wnich Trustee's fees shall not in
<br />the~qgreqate exceed f1ve percent (5%1 of the amount secured I\ereby and
<br />reneinlng unpaid. ShOUld tfie sale, at the election of the Beneficiary, be
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