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88-105o'98~ 5. '..1., AtI....tlnt.,..&I 01....... Trustor sholl pay all"tbxes, Ilssessments and other charges, Including, without limitation, rlnos and 1m- poslllons .lIributobl.,o the Prop.rly, .nd I..sehold payments or grovnd rents, II ony, balor. tha some becoma dallnqvont. Trvslorsholl promp. lIy lurnlsh to Belllflel.ry all not leIS 01 amovnls due under this paragraph, and in the evenl Truslor shall make paymant dlraclly. Trustor sholl pramplly furnish 10 Beneliclory recalpts evidencing svch poymenls. Trustor sholl pay 011 to..s ond assessments which' may ba .Iaviad vpon Ben.nciary's Inter.sl herein or vpon this Deed 01 Trust wilhout regard to ony low that may be enoclad Imposing payment 01 Iha whole or any pori thl..eol upon thl Banenclary, 6. ........... U.n. ..&I Prot.ctlon of len.fic"". Security. Trustor sholl make 011 payments of interest and principal and payments of any other charges, fl.s and expenses controcted to be paid to Dny Bxisllng lienholders or prior beneficiaries under any prior deed of trust or mor- tgogo belore the clote they or. dellnqvent and promplly poy and dlscharga any and 011 other lIans, claims or charges which may jeopardize the SlICorit'l grunted herein. If Trustor foils to make ony such payment or foils to perform any of the covenants and agreements contained in this Deed of Trust. or In Dny prior mortgage or deed of 1ru51, of If any action or proceeding Is commem:ed which materidlly affects Beneficiary's In~ teres' in 'he Property, including, but not limited to, eminent domain proceedings, or proceedings involving 0 decendent, or if Trustor foils to pay Trustor's debts generally as they become due, then Beneficiary. at Beneficiary's option and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereunder, may make such appearances, disburse such sums, and take such action os is necessary to protect Beneficiary's interest including, but not limited to, disbursement of reasonable attorney'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 or to pay taxes, assessments, or any other charges or to make any payments to exis1ing prior lien holders or beneficiaries, Beneficiary may procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 sholl become additional indebtedness of Trustor secured by Ihis Oeed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting poy~ menllhereof, and sholl beor interest from the date of disbursement at the role payable from time to time on outstanding principal under the Note unless payment of interest at such rete would be contrary to applicable low, in which event such amounts shall bear interest at the highest role permissible under applicable law. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any eMpense or toke any action hereunder. 7. Alllgnment af Renl.. BenBficiary sholl have the right. power \lnd authority during the continuance of this Deed of Trust to collect the renls, Issues and profits of the Property and of any personal property located thereon with or withoultaking possession of the property affected hereby, and Trustor hereby absolutely and unconditionally assigns 011 such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to the Trustor's collection and retenlian of such rents, issues and profits os they accrue nnd become payable so long os Trustor is not. 01 such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement hereunder. Upon any such default, Beneficiary may 01 any time, eilher in person, by agent, or by receiver to be appointed by 0 courl, without notice and without regard to the adequacy of any ~ecurity for the indebtedness hereby secured, (a~ enter upon and take possession of the Property or any port Ihereof, 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. less cost$ and expenses of opera1ion and collection, including reasonable ottorneys fees, upon any indebtedness secured hereby, and in such order os Beneficiary may determine; (b) perform such ac15 of repair or protection 05 may be necessary or proper to conserve the value of the PrClperty~ (c) lease the some or Gny part thereof for such rental, term, and upon such conditions os its judgment may dictate or terminate or ad. juslthe terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of renls. issues or profits to any indebtedness secured hereby sholl not extend or pos1pone the due dote of the installmen1 payments 05 provided in said promissory note or change the amount of such installments. lhe enlering upon and 1aking possession of the Proper1y, the collection of such rents, issues and profits, and the application Ihereaf as aforesaid, sholl not waive or cure any defaull or notice of default hereunder, or in~ validate ony oct done pursuant 10 such nolice. Trustor olso ossigns to Beneficiary, 05 further security for the performance of 1he obligations secured hereby. 011 prepaid rents and 011 monies which may have been or may hereafter be deposited with said Truslor by any lessee of the Pro- perty, to secure the payment of ony rent or damages, and upon default In the performance of any of the provisions hereof, Trustor agrees 10 deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant ac~ cupying said premises sholl be sufficient to require said 1enont 10 pay said rent 10 the Beneficiary until further notice. 8. Conll.nmatlon. If title 10 Dny part of the Property sholl be taken in condemnation proceedings. by righ1 of eminent domain or similar action. or shan be sold under threat of condemnation, all awards. damages and proceeds are hereby assigned and shall be paid to Beneficiary who sholl apply such awards. domages ond proceeds 10 the sum secured by this Deed of Trust, with the excess, if any, paid 10 Truslor. If Trustor receives any n01ice Dr 01her information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to beneficiary. Beneficiary sholl be entitled, 01 its option, to commence, appear in and prosecute in its own nome any such Dc1ion or proceedings and shall be en- tilled to make any compromise or settlement in connection wilh ony such aclion or prDceedings. 9. .....111.. Not bdulin~ Beneficiary shall be enti11ed to cnforc.e payment and performance of any indebledness or obligations secured hereb, and to exercise 011 rights and powers under this Deed of Trust Dr under any other Dgreement executed in connection herewith Dr any lows now or hereafter in force, notwithstanding some or 011 01 the such indebtedness and obligations secured hereby may now Dr hereafter be other. wisl! secured, whether by mor1goge, deed of trusl. pledge. lien. assignment or otherwise. Nei1her the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sole or other powers herein contained. sholl prejudice or in any manner affect Bener-dory's righl to realize upon or enforce ony other security now or hereafler held by Beneficiary, it being agreed 1hot Beneficiary shall be enli11ed to enforce this Deed of Trust ond any olher securi1y now or hereafter held by Beneficiary in s1.lch order ond manner os it may in its ab- solute discretion determine. No remedy herein conferred upon or reserved 10 Beneficiary is intended to be exclusive of any other remedy herein Dr by law provided or permitted. but eoch shall be cumulative and shall be in addilion to every other remedy given hereunder or now or hereafter exisling at low or in equily or by statute. Every pDwer or remedy provided hereunder this Deed of Trust 10 Beneficiary or to which it may be otherwise enlilled, mav be exercised, concurrently or independently, from time to lime and os of1en os moy be deemed expedient Benericiory and it may pursue inconsistont remedies. Nothing herein sholl be construed os prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to Ihe ..lent such action is permitted by low. '0. t.....".f P.....rty; Assumption. If 011 or any pori of the property Dr any interest therein is sold, transferred or conveyed by Truslor without Beneficiary's prior wOnen consen1, excluding (0) the creation 01 0 lien or encumbrance subordinate to this Deed of Trust. (bl1he crea. 'ion of a purchase money security inlerest for household opplionc:es, (c) 0 1ronsfer by devise, descenl or by operation of law upolllhe deolh of 0 ioint tenont or (d) the gront of any leosehold interest of 1hree years or less n01 containing on option 10 purchase, Beneficiary may. at Beneficiary's option, declare 011 the sums secured by this Deed af Trust 10 be immediatelv due and payable. or tause the Trustee to file 0 notice of d.foult. Beneficiary sholl have waived such option to accelerate if. prior to Ihe sale. tronsfer or conveyance. Beneficiary and the person 10 whom lhe property is 10 be sold or transferred reach agreemenl in writing thnl the credil of such person is sot is factory 10 Beneficiary oud Ihol lhe Inlerest payable on the sums secured by this Oeed of Trus1 shall be at su,h 'ate as Bencliciorv shall request.