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88- 105051 5. ,...., Act..."..,..1I a..... Truslof sholl pay 011 tOMes. assessments and other chargas, Induding, without limitation. fln~5 and im- position. allrlbutable 10 the Property, and 'easohold payments or ground ronls, if any, beforo the same borome dellnquont, Trustor sholl'promp. lIy furnish 10 Beneficiary all nollces 01 amounls due under Ihis paragraph, and in Ihe e.ent Trustor sholl make payment directly, Trustor shall promptly fumlih 10 Benellciary receipt. evidencing such poymenl., Truslor shall pay all faxes ond assossments which may be le.led upon Benellclary's Interes' herein or upon fhis Deed of Trust wilhout regard loony low that may be enocted imposing payment of the whole or ony port 'heroal upon the Beneficiary, 6. Ad4ItIo_ 110M ..d "'Ie"l... .llonellclory'. SocuritJ, Trus'or sholl make all payments 01 interesl and principal ond payments of any ather charges. f..s and e)Cpenses contracted to be paid to ony existing lienholders or prior beneficiaries under ony prior deed of 'rust or mar. 19age before the date they ore delinquent and promptlv poy and discharge ony and all other liens, claims or chorges which may jeopardize the security grunted herein, If Trustor falls to make ony such payment or foils fo perform any of the covenants and agreements contolned in this Deed of Trusl, or in any prior mortgage or deed of trust, of If any oction or proceeding is commenced which moteril1l1y affects Beneficiary's in- terest in the Property, Including, but no' limited to, eminent domain proceedings, or proceedings involving 0 decendent, or If Trustor falls to pay Trustor's deb.s generally os they become due, .hen Beneficiary, at Beneficiary's option and without notice 10 or demand upon Trustor and without releasing Trustor from ony obligation hereunder, may make such appearances, disburse such sums, and take such action os Is necessary fa protect Beneficiary's interest including. but not limited to, disbursement of reasonable al farney's fees, payment, purcllllse, contesl or com- promise of any encumbrance, charge or lien, and enlry upon Ihe Properly 10 make repairs. In the event that. Trustor sholl foil to procure in- surance or '0 pay taxes, assessments. or any other chorges or to make any payments to existing prior lien holders or beneficiaries, Beneficiary may procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant 10 this P<Jragraph 6 sholl become additional indebtedness 0' Trustor secured by this Deed of Trust. Such omounts shall be payable upon notice from Beneficiary 10 Trustor requesting pay- ment thereof, and sholl bear interest from Ihe date of disbursement at the rote payoble from time to time on oulstonding principal under the Note unless payment of interest at such ro'e would be controry to applicable low, in which event such amounts sholl bear interest at the highes1 rate permissible under applicable law. Nothing contained in Ihis Paragraph 6 sholl require Beneficiary to incur any expense or take any DClion hereunder. 1. AIIlgnm.nt Df Ren... Benericiary sholl hove the right, powp,r and aUlhority during the continuance of this Deed of Trus' to collect Ihe rents. issues and profits of the Property and of ony personal property located thereon with or without taking possession of the property aHected hereby. Dnd Trustor hereby absolutely and unconditionally assigns all such rents, issues ond profits to Beneficiary. B~neficiary. however, hereby consents to the Trustor's collection and retention of such rents, issues and profits os they accrue and become payable so long 05 Trustor is not, at such Ume, In default wilh respect to payment of Dny indebtedness secured hereby, or in the performonce of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person. by agent, or by receiver to be appointed by 0 court, without nolice and wilhaut regard to the adequacy of Dny security for the indebtedness hereby secured, (0) enter upon and toke possession of the Property or any porI thereof, and in ils own nome sue for or otherwise collect such rents, issues and profits, including thosa past due and unpaid, and apply the same, less cost~ and expenses of operation and collection, including reasonable attorneys fees, upon any Indebledness secured hereby. and in such order as Beneficiary may determine; (b) perform such acts of repair or protection os may be necessary or proper to conserve the value of the Property.. (c) lease the same or any parttheroDf for such rentClI, term, and upon such conditions os its judgment may dictate or terminate or ad. just the terms and conditions of any existing lease or leases. Unless Trustor ond Beneficiary agree otherwise In writing, any application of rents, issues or profits to any indebtedness secured hereby shall not .xtend or postpone the due doto of the installment payments as provided In said prOmissory note or change the amount of such installments. The entering upon and taking possession of the Property, the collection of such rents. issues and profits, and the applicatiDn thereof os aforesaid. sholl not waive or cure any default or norice of default hereunder, or in- validate any act done pursuant to such no.lce. Trustor olso assigns to Beneficiary, as further securify for the performance of the obligations secured hereby. 011 prepaid rents and all mDnies which may have been or may hereafter be deposi1ed with said Trustor by any lessee of the Pro- perty, to secure the payment of any rent or damages, and upon default in the perfDrmance of ony of Ihe provisions hereDf, Trustor agrees to deliver such rents and deposlts.o Benericiary. Delivery of written notice of Beneficiary's exercise of the rights gronted herein, to any tenant oc- cupying soid premises sholl be sufficient to require said tenant 10 pay soid rent to the Beneficiary until further notice. 8, Con....nwtlon. If title '0 any port of the Property sholl be laken In condemnation proceedings, by right of eminent domain or similar action, or shall be sold under Ihreaf 01 condemnorion. all awords, damages and proceeds are hereby assigned ond sholl be paid to Beneficiory who shall apply such awards, damages and proceeds to the sum secured by this Deed of Trust, wilh the excess, if any, paid to Trustor. If Trustor receives any notice or other information regarding such actlDns or proceedings. Trustor sholl give prompt written notice thereof to beneficiary. Beneficiary shall be entitled, at its oplion, 10 commence, appear in and prosecute in its own nome ony such action or proceedings and shall be en. titled to make any compromise or settlement in connection wllh any such action or proceedings. 9. .....dl.. NDt EulUllte4 Beneficiary sholl be entitled to enforc.e payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under Ihis Deed of Trusl or under any other agreement executed in connedion herewith or any lows now or hereafter in force, nOlwilhstanding some or all of the such indebledness ond obligations secured hereby may now or hereafter be other- wise secured. whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neilher the acceplance of this Deed of Trust nor its enforcemenl whether by court action or pursuanl to the power of sole or other powers herein contained, shall prejudice or in any manner affecl Beneficiary's right to realize upon or enfDfce OilY 01 her securily now or hereofler held by Beneficiary, it being agreed that Beneficiary sholl be enlitled 10 enforce this Deed of Trust and C1ny olher security now or hereofter held by Beneficiary in such order Clod manner as it moy in Us ab- solute discretion determine. No remedy herein conferred upan or reserved to Benericiary is inlonded to be exclusive of any alher remedy herein or by low provided or permitted. but each sholl be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter Bxisting at low or in equity or by slotute. Every power or remedy provided hereunder this Deed of Trust to Denericiary or to which it may be otherwise .ntilled, may be exercised, concurrently or independently, from time to time and os often os may be deemed expedient Beneficiary and it may pursue inconsistont remedies. Nothing herein sholl be construed os prohibiting Beneficiary from seeking 0 deficiency judgment against Ihe Trustor 10 lhe exfenl such acrlon is permilled by law. 10. Tnna'.r.f Prop.rtJl Allumptlon. If all or any port of the property or any interest therein is sold, transferred or conveyed by Truslor without Beneficiary's prior writlen consent, e.-eluding (0) Ihe creation of 0 lien or encumbrance subordinate to this Deed Df Trust, (b) the crea. tion of 0 purchase money security interest for household appliances, (c) 0 transfer by devise, descen' or by operation of low upon Ihe deolh of 0 ioint tenant or (d) the grant of ony leasehold inlerest of three years or less nol conloining on option 10 purchase, Beneficiary mDY. 01 Beneficiary's option, declare alllhe sums stK:ured by this Deed of Trust to be immediately due and payable, or cause the Trustee to file 0 notice of default. Beneficiary sholl hove waived such option to accelerate if, priDr to the sole, transler or conveyance. Beneficiary and Ihe person 10 whom the properly is to be sold or transferred reach ogreement in writing tlml Ihe credit of such person is solisfoclory to Beneficiary aud Ihol Ihe interesl payable on the sums secured by this Deed of Trust sholl be at such l(lte os Beneficiary shall request.