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88- 10G052 5. tl.II, AI...........,..II 01...... Truslor shall pay 011 tOKes, assessments Dnd olhor chargos. including, wilhoulllmUolion, rinas and 1m. pa.lIlon. allrlbvloble 10 the Properly. ond I.o"hold paym.nts or ground renl.. If any. bolore tho some beceme dollnquent. Trustor .holl promp. Ily 'urnlsh to 8onollclory all noliclS 01 omounl. due under this paragraph. and In the .venl Tru.tar .hall make paymenl direclly. Tru.lar .hall prvmplly 'wnlih ta Ben.llciory rec.lpt. evidencing such paymenl., Truslor shall pay allla..s and assessmenls which may be 10 vied upon 8onoHclory'. InlorlSt horein or upon Ihl. Deed 01 Tru'l withaul rogard 10 any law Ihal may be enacted imposing paymenl of the whale or any port II......' upan th. BlIltllclary, 6. AMI..... U... .. Pnleetl", el ....lIclory.. So.urI!,. Truslar shall make all paymenls of Inleresl and principal and paymenls of any other chargtl. 'HS and IxpenSIS contracted 10 be pGid 10 ony .",lsI1ng lienholders or prior beneficiaries under any prior deed of trust or mor. loop before the date they 0(1 dllinquent and promplly pay and discharge ony and all other liens, claims or charges which may jeopardize the SKWUV grunted h....ln. If Trustor foils to make ony such payment or fails to perform Dny of tho covenants and agroemonts contained in tlds Dud of Trust, Dr In any prior mortgage Of dted of lrust, of If any action or proceeding Is commenced which materil3l1y affects Beneficiary's in- ltrl.' In lhe Proplrly, including, bul notlimlled la, eminent domain proceedings, or proceedings involving a decendent, or if Trustor foils to pay Truslor'. dtbts generally as they become due, then Beneficiary, ot Beneficiary's option ond without notice 10 or demand upon Trustor and wilhout rellDslng Truslor from Dny obligation hereunder, may make such appearances, disburse such sums, and take such action as is necessary to protect Benefklary's int.rest Including, but not limited to, disbursement of reasonable attorney's feos, poymen1. purchase, contesl or com- promis. of ony encumbrance, charge or lien, ond entry upon the Property to make repairs. In lho ovent lhat Trustor sholl foil to procure in- surante or 10 pay IOJ8~, assessments, or ony other charges or to make any paymenls to existing prior lien holders or beneficiaries, Beneficiary may pracur. such insurance and make such paymenl. Any omounls dl.bursed by Beneficiary pursuanl to Ihis Paragraph b shall become additional indebtedness o' Trustor secured by this Deed of Trust. Such amounls shall be payable upon notice from Oencfitiary to Trus1cr requcsUng poy- mint Iherlof, and shall bear inlerest from Ihe dote of disbursement at Ihe role payable from time to time on outstanding principal undcr the Nota unless payment of interest at such rate would be contrary to applicable low, in which event such amounts sholl bear interest or the highesl rat. plrmllSibl, under applicable low. Nolhing conlained in lhls Poragroph 6 shall require Benoficiary to incur any expense or toke ony acllon hereunder. 7. A..llnmln' of Rln'.. Deneficiory sholl hove tho right, power and authority during the conlinuance of this Deed of Trusl to collect the renls, inuIs and profits of lhe Property 000 of any personal property localed thereon with or without1aking possession of the property affected hlr.by, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to the Trustor's collection ond rotention of such rents, issues and profits as 1hey occruo and became payable so long as Trustor is not, 01 such timl, in default wllh respect to payment 01 any indebtedness secured hereby, or in the performance of any agreement hereunder. Upon any sud\ deroult, Beneficiary may at any timo, either in person, by ogenl, or by receiver to be appointed by 0 court, without notice and without rIQord 10 the adequacy of any security for the Indebledness hereby secured, (01 enter upon and take possession of 1he Properly or any part therlof, and in its own nome sue for or otherwise collect such renls, iuues and prafils, including 11105e past due and unpaid, and apply the same, less cost,. and npenses of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such order os Beneficiary may determine, (b) perform such acls of repoir or prolection os may be necessary or proper 10 conserve the value of lhe Property; (cJ ltosllhe some or any port Ihereaf for such rental, term, and upon such conditions os ils judgment may dictate or terminale or ad. lust thl tenns and conditions of ony existing lease or looses. Unless Truslor and Beneficiary agree otherwise in wriling, any opplication of rents, issues or pronts to any Indebtedness secured hereby sholl nolutend or postpone tho due dole of the in51alhnonl paymenls os provided in said promissory not. or change tht amounl of such installments. The entering upon and taking possession of Iho Properly, Ihe collection of such rents, Issues and profits, and lhe application thereof os aforesaid, sholl not waivo or cure any default or notice of default hereunder, Dr in- validate onr utI done pursuanlto such nollce. Truslor also assigns to Beneficiary, os furl her security for tho performance of the obligations ncured hereby, all prepaid rents and 011 monies which may hove been or may hereafter be deposiled wilh said Truslor by any lessee of the Pro- perly, to secure thl payment of any rent or damages, and upon default In the perfonnonco of any of the provisions hereef, Truslor agrees 10 d.liver luch rlnls and depolils 10 Benefklary. Delivery of wri1tan nollce of Deneficiary's e,lCorcise of the rights granled herein, 10 any lenont ac. cupying said premiSl. sholl be suffitlenllo require sold tenont to pay said rent to the Beneficiary until further notice. 8. C.n..mn.tlan. If titl, to any pori of the Preperty sholl be token In condemnation proceedings, by right of eminent domain or similar attion, or sholl b. sold under threat of condemnation, 011 awards, damages and proceeds ore hereby assigned and sholl be paid 10 Benoficiary who shall apply such awards, damages and proceeds 10 tho sum secured by Ihis Deed of Trusl, wilh lhe excess, if any, paid to Trustor. If Truslor receives Dny nolice or olher informalion regarding such actions or proceedings, Trustor shall give prompl written notice Ihereof to beneficiary. Beneficiary sholl be enlilled, 01 ils oplian, to commence, appear in and prosecule in ils own nome any such action or proceedings and sholl be en~ lilled 10 make any compromise or settlemenl in connection wilh ony such aclion or proceedings. 9. 11",11111. Nil bdulin. Beneficiary sholl be enritled to enforce payment and perrormonce of any imlcbteuncss or obligations secured hereby and to exercise all rights and powers under Ihls Deed of Trust Dr under any other agreemenl c.II.ecuted in conneclion herewilh or any laws now or hereaner in force, notwithstanding some or 011 of the such indebledness and obligation!; secured hereby may now or hereafter be other- wise sttC\lfed, whelhlr by mortgage, deed of trust I pledge, lien, ossignment or otherwise. Neither the acceptanco of this Deed of Trust nor its enforcement wl1elher by court aclioTl or pursuont1e Ihe power 01 sole or other powers herein conlained, sholl prejudice or in ony monner aHeel 8meficiory's righl 10 realizu upon or onforce any other security now or hereafter held by Beneficiory. it being ogre cd that Beneficiary sholl be tnlitl.d.o enforce this Deed of Trust and ony other security now or hereafter held by Beneficiary in such ardor and manner 05 it may in its ob. solul. distrllion determine. No remedy herein conferred upon or reserved 10 Deneliciary is intended 10 be o;ltclusive of any other remedy herein or by law provided or permilled. bul each sholl be cumulative and sholl be in addilion to every 01 her remedy given hereunder or now or hereafter existing at low or in equity or by statule, Every power Dr remedy provided hereunder this Doed of Trust to Beneficiary or to which it may be otherwise .nUlled, mar be eKerc:ised, cQl1turrently or independently. from time 10 time ond os oflen os, may be deemed expedient 8eneficiary and II mar pursue inconslslont remedies. NGlhing herein shoJI be construed os prohibiting Beneficiary from seeking D deficiency iudgmenl against Iht Trustor to thllXtent such action is permit1ed by low. 10. Tren.I....f rr...-rtrl Allumption. If 011 or any part of the properly Dr ony interest Iherein is sold. 1ransferred or conveyed by Trustor without Beneficiarfs prior written consenl, excluding (oj the creation of 0 lien or encumbrance subordinale 10 lhis Deed of Trust, (b) tho crco~ lion of a purchasl money security interest for household appliances, (cJ 0 lransfer by devise, descenl or by operation or low upon tho dealh of 0 loinl lenont cw (dt th. grOllt of ony leasehold interesl of three years or loss nol containing on option 10 purchase, Deneficiory may. 01 Ban.rlCicry's option, dlclare aUlhe sums slcured by Ihis Deed "r Trust 10 be immediately duo and poyable, or cause the Trustee 10 file a nolice of d.raull. Btntficiory sholl haVI waived sum oplion to accelerate If, prior 10 rhe 5010. transfer or conveyance, Denellciory and lhe person 10 wham (he p"aper1y I. to b, sold or transferred recch agreement in wrillng thot Ihe <redil of .uch person i. .atisfaclory 10 aenefidary and Ihal the interlSl payable an tho sum. secured by this Oeed afTrusl shall be 01 .uch role as Benefidary .holl request.