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88_ 105052 5. 'I.'., AtIl.IIIt.nt.,..1I 01....... Trustor shall pay all foxes, assessments and olhor chargos, Including, without Ilmitotion, fines qnd im. positions ollrlbuloblt to tht Proptrty. and I.as.hold paym.nls or ground r.nls, II any, b.for. Ih. ,om. b.com. d.llnqu.nl. Tru,lor sholl promp. tly furnish 10 Bonoflclory 011 notlc.s of amounts duo und.r this porogroph. and In tho .v.nl Truslor sholl mak. paym.nl dlr.ctly. Tru,lor ,ho'l promptly lumiih 10 Bon.f1clory r...ipts .vldencing ,uch paym.nts. Trustor sholl pay 011 to..s und o"."m.nl, which may b. I.yled upon B.n.f1clory's Int.r.sl h.r.in or upon Ihls D.ed of Tru,' wllhoul regard 10 any low thor may be enacted Imposing poymenl of the whole or any port lhor.ol upon tho Bon.flclory, 6. AdoIItIoftol U... IIld Pral.ctl.. .f ....IlcID".' s.curlty. Truslor ,holl mok. 011 poym.nr, of Inl.r.,t and principal and poymenls of any other thorges, fees ond expenses contracted to be paid to Dny existing lienholders or prior beneficiorlss under ony prior deed of trust Of mor- tgage before lhe date they orB delinquent and promptly pay Dnd discharge any and all other liens, claims or charges which may jeopardize the securUy granled herein. If Trustor 'oils 10 make any such payment or foils 10 perform Dny of the covenants and ogreements contoined in this Dud of Trust, or in ony prior mortgage or deed of fru!.t, of if any action or proceeding is commenced which maferit111y offec1s Beneficiary's in- terest in the Property, including, but not limited to, eminent domain proceedings, or proceedings involving 0 decendent, or if Trus10r foils 10 poy Trustor's debts generally as they become due. then Beneficlory, at Beneficiary's option and without notice to or demand upon Trustor and wllhout releasing Trus10r from any obligation hereunder, may make such oppeoranCElS, disburse such sums, and toke such Dction os is necessary to protect Beneficiary's interest including, but not limited to, disbursement of reasonable allorney's fees. payment, purchase, contest or com- promise of any encumbrance, charge or lien, and entry upon the Property to make repairs. In the event that Trustor sholl foil to procure in- surance Dr to pay toxes, assessments. or any other charges or to make any payments 10 existing prior lien holders or beneficiaries, Beneficiary moy procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 sholl become additional indebledness 0' Trustor secured by this Deed of Trust. Such amounts shall be poyable upon noHce from Beneficiary to Trus10r requesting pay- ment thereof, ond shall bear interest from the date of disbursement at the rote payable from time to time on outstanding principal under the Nole unless payment of interest 01 such rote would be controry 10 opplicable law, in which event such amounfs shall bear inferest at the highest rate permissible under opplicable law. Nothing contoined in this Paragraph 6 shall require Beneficiory to incur any expense or toke ony action hereunder. 7. Assignment 0' Rents. Beneficiary shall have the righi, power llnd authority during fhe continuance of Ihis Deed of Trust to collect the rents, is.sues and profits of rhe Property and of ony personal property localed thereon with or withoul taking possession of the property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits 10 Beneficiary. Beneficiary. however, hereby consents to the Trustor's collection and retention of such rents, issues and profits 05 they occrue ond become poyable so long os Trustor is not, ot such time, in default with respect to payment of any indebtedness secured hereby, or in Ihe performance of ony agreement hereunder. Upon ony such default. Beneficiary OlDy ot ony time, either in person, by ogenl, or by receiver 10 be appointed by 0 court, without notice and withoul regard to the adequacy of any security for the indebtedness hereby secured. (0) enter upon and lake possession of the Property or any pari thereof. and in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the some, Ie" costs and expenses 01 opera lion and colleclion, including reasonable 011 arney' fee,. upon any indebledne" ,ecured hereby, and In ,uch order as Beneficiary mor determimJI (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of the Property: (c) lease the same or any port thereof for such renlal. term, and upon such condilions as its judgment may dictate or 1erminate or ad. lust the terms and condillons of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any applicalian of rents, issues or profits to ony indebtedness secured hereby sholl not extend or postpone Ihe due date of the installment paymenls os provided in said promissory note ar change the amount of such installmenls. The entering upon and taking possession of Ihe Property, Ihe collection of such rents, issues and profits, and the application thereof os aforesaid, sholl not waive or cure any default Dr notice of default hereunder, or in. yolidate Dny oct done pursuan' 10 such notice. Trustor also assigns 10 Beneficiary. as furl her set"urity for the performance of the obligations secured hereby. 011 prepoid rents and 011 monies which may have been or may hereofler be deposited with soid Trustor by any lessee of the Pro- perty, 10 secure the payment of any rent or damages. and upon default in the performance of any of the provisions hereof. Trustor agrees fa deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights gronted herein. to any tenant oc- cupying said premises shan be sufficienl to require said tenant 10 pay said rent to the Beneficiary until further notice. 8. Candemngtlon. If tille to ony port of Ihe Property sholl be token In condemnation proceedings, by right of eminent domain or similar oct ion. or sholl be suld under threat of condemnation, 011 awards. damages and proceeds are hereby assigned and shall be paid to Beneficiary who sholl opply such owards, damages and proceeds to the sum secured by this Deed of Trust. wi1h the excess, if any. paid 10 Trustor. If Trustor receives any nolice Dr other information regarding such actions or proceedings, Trustor sholl give prompt written notice thereof 10 beneficiary. Beneficiary sholl be enlilled, ot its oplian, to commence, appear in and prosecute in its own nome any such oction or proceedings and sholl be en. tilled to make ony compromise or settlement in connection with any such action or proceedings. 9. Rlmedi.. Not belu.i... Beneficiary shall be entitled to enforc.e payment and performance of any indebtedness or obligalions secured hereby and to exercise 011 rights ond powers under this Deed of Trust or under any other agreement execuled in connection herewith or any lows now or hereafter in force, notwithslanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be other. wise secured, whether by mortgage, deed of trus1. pledge, lien, assignmen1 or o1herwise. Neilher the acc~ptonce of this Deed of Trust nor ils enforcement whether by court oclion or pursuant to Ihe power of sale or other powers herein contained, sholl prejudice or in any manner offeet 8enentiary's righl 10 realize upon or enforce any other security now Of hereafter hold by Beneficiary, it being agreed that Beneficiary sholl be entitled to enforte this Deed of Trust and any olher security now or hereafler held by Beneficiary in such order and manner as it may in its (lb- solule discretion det'!nT1ine. No remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of any other remedy herein or by low provided or permitted, but eoch sholl be cumulative and shall be in addition to every 01 her remedy given hereunder or now or hereafter existing at low Dr in equity Dr by sta1ute. Every power or remedy provided hereunder this Deed of Trust to Beneficiary or to which it may be olherwise enlilled, may be exercised, concurrently or independently, from time to time and os often os may be deemed expedienl Beneficiary and it may pursue inconsistant remedies. Holhing herein shall be conslrued as prohibiting Beneficiory from seeking 0 deficiency judgment against the Truslor to lhe extent such action is permitted by law. 10. '....f.r.1 Pnperty; Alluaapllon. If 011 Of any port of the properly or any inlerest Iherein is sold, transferred or conveyed by Truslor without Beneficiary's prior writ1en consent, elllicluding (oj the creation of 0 lien or encumbronce subordinate to this Deed of Trust, IbJ the ereo. lion of a purchase money security interest lor household appliances, (c) Q transfer by devise. descent or by operation of low upon Ihe dealh of 0 pnt tenant or (d) t~ grant of ony leonhold interetl of three years or less not containing on option 10 purchase, Beneficiary may. of 8ene'kkK-y'1 option, du:lare ull1he iumi it!cured by Ihls Oiled of Tru51 to be immedialelv due and payoble, or CUU:ie the Tru:itee 10 file a notice of default. 8enenciory sholl hove waived !;uch oplion to accelerate if, prior to Ihe sole, transfer or conveyance, Beneficiary and the ;:larson 10 whom the pI'OpW1y is fo be sold or transferred reach a.9reement in writing Ih"l the credit of such person is sofisfactory 10 Bencriciory and thai lhe inlerest payable on the sums secured by this Deed af trust sholl be at such I ole as Beneficiarv sholl request.