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88- 105099 5. '1In. .......tct.. ... c:lMql'. Truslor sholl pay all toxes. assessments and other charges, including, without limitation, finos and 1m. pasiUons ollrlbuloble 10 the Property, and leo.ehold payments or ground rent., 11 any, before lhe .omo becomo dellnquenl. Trustor .holl'promp. tly furnish 10 Beneflclory all nolices or omounl. duo undor Ihls paragraph, and in the eyonl Tru.tor 'holl make paymenl directly, Truslor sholl promptlr IlnIllh to Beneficiary recoipts oyldencing such paymont.. Tru.tor .holl pay all taxes and assessmenls which mar be leyied upon BenerlCiary's Interest herein or upan thl. Deed of Trusl withoul regard to nny low Ihot may be enacted imposing payment of the whole or any perllh.....r upon the Beneficiary, 6. AMtIeIlll U- ... Prolectlon ef Ben.r..lary'. Security. Trustor sholl make 011 payments of inlerest and principal and payment. of any other charDts. 'HI and 8.pensss contracted 10 be paid to Dny existing lienholders or prior beneficiaries under any prior deed of trust or mor- tgage before the dale they orB delinquenl and promptly pay and discharge any and 011 other liens, claims or charges which may jeopardize the security grtInled herein. U Trustor falls to make ony such payment or foils 10 perform ony of the covenants and agreements con.oined in Ihls De.d of Trust. or In ony prior mor1goge or deed of frust, of if ony action or proceeding is commenced which materially affects Beneficiary's in- terest in the Property, including, but not limited to, eminent domain proceedings, or proceedings involving a decendent, or if Trustor fails to pay Trustor's debts generally as they become due, then Beneficiary, at Beneficiary's option and wiJhout notice to or demand upon Trustor and without releDsing Trustor from Dny obligation hereunder, may make such appearances, disburse such sums, and take such action os is necessary to protect 8enefichrry's interest including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, contest or com- promise Df ony encumbrance, charge or lien, and entry upon the PrDperty 10 make repairs. In the event that Trustor sholl fail to procure in. suronce Dr to pay laxes, assessments, Dr any other charges or to make any payments to existing prior lien holders or benericiaries, Beneficiary may procure such insurance and make such payment. Any amounls disbursed by Beneficiary pursuant to Ihis Paragraph 6 sholl become additional indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting pay- ment thereof, and sholl bear interest from the dote of disbursement a1 the role payable from time to Hme on outstanding principal under the Note unless payment of interest at such rote would be con4rary to applicable law. in which even1 such amounts sholl bear interest at the highest role permissible under applicable low. Nothing contained in this Paragraph 6 shoil require Benericiary to incur any eKpense or lake any action hereunder. 7. AI.igmnent Dr Wen", Beneficiary shall have the right, power ond aulhority during the [OnHOWlnce of this Deed of Trust to collect the ranh. is.sues and profits of Ihe Property and of any personal properly located thereon with or without taking possession of Ihe property affecled hereby. and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents 10 Ihe Trustor's collection cnd re1enlion of such rents, issues and profits as they accrue and become payable so long as Trustor is not, 01 such time, in default with respec1ta payment of any indebtedness secured hereby, or in lhe 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 a court, without notice and without regard to Ihe adequacy of any security for the indebtedness hereby secured, (0) enter upon and take possession of the Property or any port thereof, and in its own nome sue for or otherwise collecl such rents, issues and profits, including lhase post due and unpaid, and apply the some, less cost$ and expenses of operation and collection, including reasonable attorneys fees, upon any indebledness secured hereby, and in such order os Beneficiary may determine; (b) perform such acts of repair or protection 05 may be necessory or proper to conserve Ihe value of the PropertyJ (c) lease the same or any port thereof for such rental, term, and upon such conditions 05 its judgment may dictate or lerminate or ad~ fust the terms ond conditions of any existing lease or leases. Unless Truslor and Beneficiary agree otherwise in writing, any application of renls, issues or profits to any indebtedness secured hereby shall not extend or postpone the due dole of the installment payments 05 provided in said promissory note or change the amount of such installments~ The entering upon and taking possession of the Property, the collection af such rents. issues and profits. and the applicalion thereof os aforesaid, sholl not waive or cure any default or nolice of default hereunder, or in. validate any oct done pursuant to such notice. Trustor 0150 assigns to Beneficiary, os furfher seturity fDr the performance of Ihe obligations secured hereby, DII prepaid rents and all monies which may hove been or may hereafter be deposited with said Trustor by any lessee of the Pro- perty, to secure the payment of any rent Dr damages, and upon default in the performance of any of Ihe provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any lenan1 oc- cupying said premises shall be sufficient to require said tenant to pay said rent 10 lhe Beneficiary until further notice. 8. Cend.......... If title to any port of the Property sholl be token in condemnation proceedings, by right of eminent domain or similar action, or .holl be .old undor lhroOI 01 condemnolion, all award', damage, and proceed. ore horeby assigned and sholl be paid to Beneficiary who sholl apply such awards. damages and proceeds 10 the sum secured by this Deed of Trust, with Ihe excess, if any, paid to Trustor. If Trustor receives any notice or other information regarding such actions Dr proceedings, Trustor sholl give prompt writren notice lhereof to beneficiary. Beneficiary sholl be entitled, 01 its option, 10 commence, appear in and pr?secute in its own nome any such action or proceedings and sholl be en- titled to make any compromise or settlement in connectiDn wilh any such aclion or proceedings. 9. 1'lI'IlIIitl Hili beluli",. Beneficiary sholl be entitled to enforc.e payment and performance of any indebledness or obligations secured hereby and to exercise 011 rights and pDwers under this Deed of Trust or under any other agreement executed in connection herewith or any lows now Dr hereofrer in force, notwithstanding some or all of the such indebtedness and obligations secured hereby mDY now or hereafter be other~ wise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance or this Deed of Trus1 nor its enforcement whether by court action or pursuant to the power of sale or other powers herein conJoined, sholl prejudice or in any manner affect 8eneficicry's right to realize upon or enforce any other security now or hereafter held by Beneficiary, it being agreed Ihot Beneficiary shall be entitled to enforce this Deed of Trust and any other security now Of hereafter held by Beneficiary in such order and manner os il may in ils ab~ solute discretion delermine. No remedy herein cDnferred upon or reserved to Beneficiary is inlended to be exclusive of any other remedy herein or by low provided or permitted, bul each sholl be cumulative and sholl be in addition to every other remedy given hereunder or now or hereafler existing at law or in fquity or by sial ute. Every power or remedy provided hereunder lhis Deed of Trusl to Beneficiary or to which it may be otherwise entitled. may be exercised, concurrenlly or independenlly, from time to time and as often as may be deemed expedienl Beneficiary and it may pursue inconsislant remedies. Nothing herein sholl be construed os plohibiting Beneficiary from seeking 0 deficiency judgment againsl the Trustor to the ex.tent such oction is permitted by law. 10. 1.....'., al PrDpllrty; Allumptlan. If 011 or any port of the property or Dny interest Iherein is sold, transferred or conveyed by Truslor without Beneficiary's prior wri1ten consent, excluding (0) the creation of 0 lien or encumbrance subordinate to this Deed of Trust. (bJ the crea- tion of a purchase money security inlerest for household appliances, (cl a transfer by devise, descent or by operolion of law upon the dealh of a ioint tenant or (d) the grant of any leosehold interest of tlvee years or less nol captaining on option 10 purchase, Beneficiary may. 01 Beneficiary's option, declare 011 the s;ums; secured by this Deed df Truslto be immediately due and poyable, or cause the Trus1ee to file D nolice of defouJl. Beneficiary sholl hove woived such option to accelerate if, prior to the sole, transfer or conveyance, Beneficiary and Ihe person 10 whom the property is to be sold or tronsferred reach agreemenl in writing thfll Ihe credit or such person is salisfaclory to Bcnericiory and thai thl!' interest payable on the sums secured by this Deed of Trust sholl be at surh lole as Beneficjor~ sholl request.