<br />6, Additional Uena and Protection of a-tlc'-ry'. Security. Trultor Iha~~::lI~a~~t~o~n~rell anJlJ~!
<br />
<br />olher chargel, 'eel and expenses contracted to be paid to any existing llenhotders or prior beneficiaries under any prior deed of trult or mor,
<br />tgage be'ore the date they are delinquent and promptly pay ancl discharge any and all other lIenl, clelms or charges which may Jeopardize the
<br />security granted herein. " Trustor 'ailS to make any such payment Of falls to P1Irtorm any 0' the covenants and agreementa contained In this
<br />Deed of Trult, or In any prior mortgage or deed of trust, or If any action I)r proceeding II commenced which materially affects Beneficiary's in.
<br />terest In the Property, Including, but not limited to, eminent domain proceedings, or proceedings InVOlving a decedent, or If Trustor falls to pay
<br />Trustor'a debts generally as they become due, then Beneficiary. al Beneficiary's option and without noilc6 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'. fnterest, Including, but not limited to, dlsbunsement 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 rep,lrs. In the event that Trustor shall fall to
<br />procure Insurance or to pay taxes, aasesaments, 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 ihls Paragraph 6 shall
<br />become addltlonaf Indebtedneas of Trustor secured by this Deed of Trust. Such amounts shall te 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 olJtstandlng
<br />principal under the Note unless payment of Interest at such rate would be contrary to applicable law, In which event such amounts shall bear In,
<br />terest at the highest rate permissible under applicable I........ Nothing contained In this Paragraph 6 shall require Beneficiary to Incur any expense
<br />or take any action hereunder. .
<br />
<br />7. AHlgRlMnt 01 Rent.. 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 prope~~ located thereon with or without taking possession 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 />coneenta 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 luch time, In default with respect to payment of any Indebtedneu secured hereby, or In the performance of any agreement hereunder. Upon
<br />any such default, Beneficiary may at any time, either In pereon, by agent, or by a receiver to be appointed by a court, without notice and without
<br />regard to the adequacy of any secumy for the Indebtedness hereby secured, (a) enter upon and take possession of the Property or any part
<br />thereof, and In Its own name sue lor or otherwise collect 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 tha value of the
<br />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,
<br />lusl the terms and condltlons 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 shall not 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 taking possession of the Property, the collectlon of such
<br />rents, Issues and profits, and the application there!>f as aforesaid, shall not waive or cure any default or notice of default hereunder, or Invalidate
<br />any act done pursuant to such notice. 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 01 the provisions hereof, Trustor agrees to deliver such
<br />rents and deposits to Beneficiary, Delivery of written notice of Beneflclary'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 />B. Condemnation. If title to any part of the 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 sum secured by this Deed of Trust, with the excess, If any, paid to Trustor. If Trustor receives
<br />any notice or other information regarding such actions or 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 own name any 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. R.medl.. Not Exclu.lv.. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any Indebted-
<br />ness or obligations s8cured hereby and to exercise all rights and powers under this Deed of Trust or under any other agreement executed In con,
<br />nectlon herewith or any laws now or hereafter In force, not-withstanding some or all of the such Indebtedness and obligations secured hereby
<br />may now or hereafter be otherwlsil secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance
<br />of this Dead of Trust nor Its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall
<br />prel,,!dlce or In any manner affect TruRtee's or Beneficiary's right to realize upon or enforce any other security now or herester 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 Trust and any other security
<br />now or hereafter held by Beneficiary or Trustee In such order and manner as they or either 01 them may In their absolute discretion determine. No
<br />relTledy herein conferred upon or reserved to Trustee or Beneficiary 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 law or In
<br />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
<br />otherwise entitled, may be exercised, concurrently or Independently, 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 agalnlt the Trustor to the elf tent such action Is permitted by law,
<br />
<br />10. Tran.fer 01 tM property; Aa.umptton. If all or any part of the property or any Interest therein is sold, translerred or conveyed by Trustor
<br />without Beneficiary's prior written consent, excluding (a) the creation of a lien of encumbrance subordinate to this Deed of Trust, (b) the creation
<br />01 a purchase money security Interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of aloint
<br />tenant or (d) the grant 01 any leasehold Interest of three years or less not containing an option to purchase, Beneficiary may, at Beneficiary's op-
<br />tion, declare all the sums secured by this Deed ot Trust to be immedlatelv due arid oavable. or cause the Trustee to file a notice of default.
<br />Beneficiary shall have waived such option to accelerate II, prior to the sale, Transfer or conveyance, Beneficiary and the person to whom the
<br />property Is to be sold or transferred reach agreement In writing that the credit of such person Is satisfactory to Beneficiary and that the
<br />Interest payable on the sums secured by this Deed 01 Trust shall be at such rate as Beneficiary shall request,
<br />
<br />11. ~.ratlon upon D.fault; R.madl..; Sata. Upon default by Trustor In the payment of or performance ot the terms and conditions 01 the
<br />Note, or any renewals, modifications or extensions thereof, or the payment of 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 />Trustee a written declaration 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 deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidenCing expenditures
<br />secured hereby, and shall deliver to Trustoe a written notice of default and election to cause the Property to be sold, and Trustee, In turn, shall
<br />prepare. similar notice In the form required by law which shall be duly flied for record by Trustee.
<br />
<br />(a) Aner the lapse of such time as may be required by law following the recordation of Notice of Detault, and Notice of Delault and Notice 01
<br />Sal!, having been given as required by law, Trustee, without demand on Trustor, shall sell the Property In one or more parcels and In such order
<br />all Trustor may determine on the date and at the time and place designated In said Notice of Sale, al public auction to the highest bidder, the
<br />purchase price payable In cash In lawlul money 01 the United States at the time 01 sale, The person conducting the sale may, for any cause he or
<br />Ihe deemlexpedlent, postpone the sale from time to time until It shall be completed and, In every such case, notice 01 postponement shall be
<br />given by public declaration thereof by such person at the time and place last appointed for the sale; provided, If the sale Is postponed for longer
<br />than one (1) day beyond the day designated In the Notice 01 Sale, notice thereof shall be given In the same manner as the original Notice of Sale.
<br />Trust" shall execute and deliver to the purchaser Its Deed conveying the Property so sold, butwllhout any covenant or warranty, express, or
<br />Implied, ThGl recitals In the Dead ot any matters or facts shall be conclusive proot of Ihe truthfulness thereol, Any person, Including without
<br />limitation Beneficiary or Trustee, may purchase at the "sale.
<br />
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds 01 the sale to payment 01 the costs and expenses 01
<br />exercising the power of sale and 01 the sale, Including, without limitation, the paymenl 01 Trustee's Fees Incurred, which Trustee's Fees shall nol
<br />In the aggregate excead the following amounts based upon the amount secured hereby and remaining unpaid: 5 percentum on the balance
<br />IhGreof; and then to the Items sot lorth In subparagraph (c) hereol In the order th!lreln stated,
<br />
<br />'-
<br />
|