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<br />n8- <br /> <br />10383r5 <br /> <br />5, ,...., AI...IlHlIt., .... ChIrp.. Trustor sholl pay 011 taxes, assessments and other charges, Including, without limitation, fines and im, <br />positions attributable to the Property, and leasehold payments or ground rents, if any, before the some become delinquent. Trustor sholl promp- <br />tly furnish to B.neflciary 011 notices of amounts due urnfer this paragraph, and in the ev.nt Trustor sholl make payment directly, Trustor sholl <br />promptly furnISh to Beneficiary receipts evidencing such payments, Trustor sholl pay 011 taxes and assessments which may be levied upan <br />Beneficiary's interest herein or upon this Deed of Trust without regard to any low that may be enacted imposing payment of the whole or any <br />part thereaf upon the Beneficiary. <br />6. AMtlHllIIttu .. Pretlctlln ef .Mflcllry'. Secllrlty. Trustor sholl make all payments of interest and principal and payments of any <br />other char"S, fees and e.penses Clllltrocted to be paid to any existing lienholders or prior beneficiaries under any prior deed of trust or mor- <br />tgalJ8 before the dote they are delinquent and promptly pay and discharge any and 011 ather liens, claims or charges which may jeopardize the <br />security granted herein. If Trustor fails to make any such payment or fails to perform any of the covenants and agreements contained in this <br />Deed of Trust, or in any prior mortgage or deed of trust, of if any action or proceeding is commenced which materidlly affects Beneficiary's in- <br />terest In the Property, including, but not limited to, eminent domain proceedings, or proceedings involving 0 decendent, or if Trustor fails 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 froin any obligation hereunder, may make such appearances, disburse such sums, and take such action as is necessary <br />to protect Beneficiary's interest including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase. contest or com- <br />promise of any encumbrance, charge or lien, and entry upon the Property to make repairs, In the event that Trustor shall fail to procure in, <br />suronce or to pay taxes, assessments, or any other charges or to make any payments to existing prior lien holders or beneficiaries, Beneficiary <br />may procure such insurance and make such payment, Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 sholl became additional <br />indebtedness of Trustor sewred by this Deed of Trusl Such amounts sholl be payable upon notice from Beneficiary to Trustor requesting pay_ <br />ment thereof, and sholl beor interest from the dote of disbursement ot the rale payable from time to time on outstanding principal undl!f the <br />Note unless payment of interest at such rote would be con4rary to applicable low, in which event such amounts sholl bear interest at the highest <br />rate permissible under applicable law, Nothing conloined in this Paragraph b sholl require Beneficiary to incur any expense or take any action ~ <br />hereunder. <br />7, ........... .f .e..... Beneficiary sholl hove the right. power and authority during the continuance 01 this Deed of Trust to collect the <br />rents, Issues and profits of the Property and of any personal property located thereon wilh or without taking possession of the property affecled <br />hereby, and Trustor hereby absolutely and unconditionally assigns 011 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 os they accrue and become poyable 50 long os Trustor is nOI, <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, Beneficiary may at any time, eithtr in person. by agent, or by receivtr to be appointed by 0 court, withoul notice and without <br />regard to the adequacy of any security for the indebledness hereby secured, (01 enter upon and toke pas session of the Property or ony port <br />thereof, and in its own name sue for ar otherwise collect such rents, issues and profits, including those past due ond unpaid. and apply the some, <br />IlSs costs and expenses of operation and collection, including reasonable oUorneys fees, upon any indebtedness secured hereby, and in such <br />order os B_ficiory mol' determine/ Ib) perform such acts of repair or proteclion as may be necessary or proper to conserve the "alue of the <br />Proper,." Ic) lea51 the SOlll8 or any port thereaf for such rental, term, and upon such conditions 05 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, ony application of rents, <br />issues or profits to any indebtedness secured hereby sholl not edend or postpone the due dote of the installment payments os provided in said <br />promissory not. or change the omount of such installments, The entering upon and taking passession of the Property, the collection of such <br />rents. issues and profits, and the application thereof os aforesaid, sholl not waive or cure ony default ar notice of default hereunder. or in. <br />volidatellllY oct done pursuant to such notice, Trustor also assigns to Beneficiary, os further security far the performance of the obligalions <br />secured hereby, 011 prepaid rllnts and 011 mani" which may ho". b9l1n or may hereafter be depasited wilh said Trustor by any lessee of the Pro, <br />perty, to secure the payment of lIllY rent or damages, and upon default in the performance of any of lhe provisions hereof, Trustor agrees to <br />deliver such rents and dlpOsits to Beneficiary, Delivery of wrillen natice of Beneficiary's .xercise of the rights gronted herein. to ony tenant oc, <br />cupying soid premi5ls sholl be sufficient to require soid tenant to pay soid rent 10 Ihe Beneficiory unlil furlher notice, <br />8. c....IM.,.... If titlo to lIllY port of the Property sholl be token in condemnotion proceedings, by right 01 eminent domain or similar aclion, <br />or sholl be sold under threat of condemnalion, all awards, dom<Jges and proceeds ore hereby assigned and sholl be paid to Beneficiary who sholl <br />apply such awards, damages and procHds 10 the sum secured by this Deed 01 Trusl, with the IIcess, if any, paid to Trustor, If Trustor recei"es <br />any natice or other infonnolion regarding such oclians or proceedings, Trustor sholl give prompt writt.n notice Ihereaf to beneficiary <br />s-ficiory sholl be entitled, at ils option. 10 commence. appear in and prosecute in its own name any such oction or proceedings and sholl he en, <br />titled to malell any compromise or settlement in connection with any such action or proceedings, <br />9, ....... Ne. l.cIIIh.. Beneficiary sholl be entitled to enforce poyment and performance 01 ony indebl'!dness or obligations secured <br />hereby and to exercise 011 rights and pawers under this Deed of Trust or under any other agreement executed in connection herewilh Of ony loW'; <br />now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby mol' now or hereafter be other, <br />wi51 Heured. whether by mortgage, cited of Irust, pledge, lien, assignment or otherwise, Neither the acceptance of this Deed of Trust nor its <br />enforttment whelher by court oction or purSUllllt to lhe power 01 sole or other powers herein canlained, sholl prejudice or in any manner affect <br />Beneficiary's right to reolile upon or enfarce any olher security now or hereafter held by Beneficiary, it being ogrHd thot Benefkiary sholl be <br />enlitlecl to enforce this Deed 01 Trust and any olher security now or hereafler held by Beneficiary in such order and manner 05 it may in its ob, <br />solute discr.tillll del ermine , No remedy herein conferred upon or reserved to Beneficiary is inlended to be exclusive of ony other remedy herein <br />or by low provided or permitted, but toeh sholl be cumulative and sholl be in oddition to every other remedy given hereunder or now or hereafter <br />elistlng ot low or in equity or by stat'Jte, Every power or remedy provided hereunder Ihis Deed of Trusl to Beneliciary or to which II mol' he <br />otherwise entil,", may be exercised, concurrently or independently, !rorn time to time and 05 alten 05 may be deemed expedient Bl!neficiory <br />and it may pur_ Inconsislant remtdies, Nothing herein sholl bl! construed os prohibiling Beneficiary Irom seeking a deficienry judgment agains' <br />lhe Trustor to the nflpnt such action is permilled by low, <br />10, ,,..,.,.f """"'1 .....,..... If 011 or any part of the praperty or ony interes' therein is sold, translerred or conveyed by Trus.or <br />without Benefi.:iory's prior writlen cansent, excluding (0) the creal ion 010 lien or encumbrance subordinate to Ihi~ Deed of Trust, (bl thl! treo, <br />tion of 0 purChoUl maney securi.y interest for household appliances, Ic) 0 transfer by devise, descent or by operalion of low upon the den.h 01 n <br />joint lenon! or Idl .he gront of ony leasehold interesl 01 'hree years or less not conlaining an option to purchase, Beneficiary mol', at <br />Beneficiary's option, declare alllhe sums secured by Ihis Deed al Trusl to b. invnediolely due and payable, or couse the Trustn to file II notir~ <br />of default, Beneficiary sholl hove waived such option to occelerate ii, prior 10 lhe sole, Ironsfer or conveyance, Beneficiary and th~ per.on tn <br />whom the prllperty is to be sold or transferred reach agreement in wr"iling lhot 'he credit 01 such p4!r5on is sotislactory to Beneficiary and thnl <br />the Interest payobl. Ofl the sums secured by this Deed 01 Trust sholl be at such role os Beneficiary shull reqllesl <br />