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<br />e. AddIIIon.1 LiIlIl Ind Protoctlon of Blnl'IoI.,,'1 "'u~tr, Trullor .hlll mlko .11 p.rmonl. ollnloro.' ~~;';;:;;I~ i;tR.fJm4,3 olony <br />other charo", r... .rld up.nael contrlcted to be paid to any existing lienholders or prior benoflclarloll under anv prior deed ot 'rulIl or mar. <br /> <br />~~~~~I~~~::~ ~::I~~~r :::a~~:I~~r:~~ ~:k~r~~:~~c~.~.~~.~ltfl~~;~~I: ~~Vp:~~r~1 ~~~e~tll~~:c~I:~~:n~~ ~~'::~:~II~~~~I~:~~~~rn::lfn8t~: <br />Deed of Trull. or In anv prior mong.ge or dud ot trulI. or It any Ictlon or proceeding Ie commenced which materially .Uecle Beneficiary's In- <br />terest In thl Proplrty,lncludlng, but nolllmlled tOllmlnen, domain proceedlngli, or proceedings Involving I deceden', or It Trustor f.lI. to pay <br />Truslor'. debt. O.n.r.l1y a. 'he)' bscome dUll, then eeneflcllry, .t Beneflclary's option Bnd without notice to or dllmand upon Trustor Ind <br />wllhout rlllel.lng Trultor from Iny obligation htlreunder, mlY make 8uch appearances, disburse euch 8uma, and lake such acUan as Is <br />n.c....ry to pratect eeneflclary', Inter.st, InCluding, out no' IImlled to, dlsburlement 01 reasonable attorney's feea, payment, purchase, con. <br />t.1I1 or compromlle of Iny encumbrance, charge or IIsn, and entry upon 'he Property '0 make r.palrs. In Ihe event that Trustor shllll fall to <br />precur.lnsurance or to pay 'lXIII, ass.llsments, or IIny other chargee or to mIke any paymenteto existing prior lien holders or beneficiaries. <br />Beneficiary may procure luch Insurance and make euch payment. Any amounle disbursed by Beneficiary purauont to this Paragraph B ehall <br />become addlUonallndebtedness of Trustor Hcured by thl. Deed of Trust. Such amounts Ihall be payable upon noUce from Beneficiary to <br />Trull'or r.quelllng payment thereof, and shall bear Intereat from the date of disbursement at 'he rate payable from time to time on oU'Btandlng <br />principal under the Nole unless paymlnt of Interesl at luch rate would be contrary to applicable law, In which even' such amounts ahall bear In. <br />teraat at the hlgheel rate permlselble under oppl:cable la\:l. flJothlng contained In this Paragraph 6 shall require Beneficiary to Incur any expense <br />or take any action hereunder. <br />7. .lallgnmlnt of Rlnt.. Beneficiary ehell hove the righI, power and authority during the continuance of this Deed of Trust to collect the rents, <br />Issuee and protus of the Propen)' and of any personal property located 'hereon with or without taking posseSSIon of the property affected <br />hereby, and Truetor hereby absolutely and unconditionally assigns all such rents, lesues and profits to Beneficiary. Benellc:ary, however, hereby <br />consents to the Trultor'. collection and retention of such renls,lesues and profits os they accrue and become payable 1110 long RS Trustor Is not, <br />et such time, In deflult with respect to payment of any Indebtedness eecured hereby, or In the performancs of any agreement hereunder. Upon <br />any such default, BeneUclory Play at Bny time, either In person, by agent, or by a receiver to be appointed by a court, without notlco and without <br />regard to the adequacy of any security for the Indebtadness hereby seoured, (a) enter upon and take possession 01 the Propeny or any pan <br />thereof, and In Its own nome sue for or otherwise collect euch renle, Issues and profits, Including those post due and unpaid, and apply Ihe same, <br />less costs and expenses of operation and collection, Including reasonoble attorneys fees, upon ony Indebtedness secured hereby, and In such <br />order liS BeneUclary may determine; (bl perform .uch acta of repair or protection as may be necessary or proper to conselVe the volue of the <br />Property; (cllease the seme or any part thereof for such rental, term, and upon such conditions aa Its ludgment may dictate or termlna,e or ad. <br />lust the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise In writing, any application of renls, <br />Issues or profits to any Indebtedness secured hereby shall not extend or postpone the due date of the Installment poyments as provided In seld <br />promiSSOry note or change the amount of such Installments. The entering upon and ,aklng possession of the Property, the collection of such <br />rentB, Issues and profits, and the application therepf as aforesaid, shall not waive or cure ony default or notice of default hereunder, or Invalidate <br />any act done pursuant to such nollce. Trustor also Bsslgns to BenefiCiary, as further security for the performance of Ihe obligations secured <br />hereby, all prepaid rents and ell monies which may hava been or may hsreofter be deposited with said Trustor by any lessee of.he Property, to <br />secure the poyment of ony rent or damagos, and upon dafault In the performance at any of the provisions hereof, Trustor agrees \0 deliver such <br />renls and deposits to Beneficiary. Convery of written nollce of Beneficiary's exercise of the rights granted herein, to any tenant occupying said <br />premises shall be sufficient to require said tenant to pay saId rent to the Beneficiary until further nollce. <br />B. ConctlmnatlDn.lf title to any pan of the Property sholl be taken In condemnallon proceedings, by right of eminent dome In or similar action, <br />or shall be sold under threat of condemnallon, all awards, damages and proceeds are hereby assIgned and sholl be paid to Beneflclory who shall <br />apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the 9xcesa, If any, paId to Truslor.1f Truslor receives <br />any notice or other Information regarding such actions or proceedings, Trustor shall give prompt written nollce thereof to Beneficiary. <br />Beneficiary shall be entitled, at Its option, 10 commence, appear In and prosecute In Its own name any such acllon or proceedings and shall be <br />entitled to make any compromise or seltlament In connection with any such action or proceedings. <br />9. Rlmld"a Not Exclultv.. Trusteo and Benoflclary, and each of them, shall be Mtltled to enforce paymanl and performance of any Indebted. <br />neee or obligations secured hereby and to exerclee all rights ond powers under thle Deed of Trust or under any other ogreemen' executed In con. <br />nectlon herewith or any laws now or hereafter In force, not-wllhslondlng some or all of the such Indebtedness and obligations secured hereby <br />may. now or hereafter be otherwlee secured, whelher by mortgage, deed of trust, pledge, lien, assignment or otherwlsB. Neither the acceptance <br />of this Deed of Truat nor Its enforcement whether by court action or pursuant to the power of eale or other powers herein contained. shllll <br />prejudice or In any manner affect Trustee's or Beneflclory's right to realize upon or enforce ony other security now or hereater held by Trustee or <br />Beneflclary,lt being agreed that Trustee and Beneficiary, and each of them, shall ba entllled to enforce this Deed of Trust and any other security <br />now or hereafter held by Beneficiary orTrustea In such order and manner as they or altherof them may In their absolute discretion determine. No <br />remedy herein conferred upon or rBserved to Trustee or Beneficiary Is Intended to be excluelve of any other remedy herein or by law prOVided or <br />:::~t:db:~~~~~~. ~y~l~b::~::;~~~~~:~; :~a~::e~I~:r:~~~e~ ~~I~vg~edt~r~~~~te~ ~r~:re~~~B~~~fl~I:~~~roh~~I~~a:li~~~~f~h~~a~:: ~ne <br />otherwise entitled, may be exerclsad, concurrently or Independently, from time 10 time and as often as may be deemed expedient by Trustee or <br />Beneficiary and either of them may puraue Inconsistent remedies. Nothing herein ehall be construed as prohibiting Beneficiary from seeking a <br />deficiency Judgment agalnet the Trustor 10 'he extent such action Is permitted by law. <br />10. Tranlflr d. thl Property. Aalumptlon. It all or any part of the propeny or any Inlerest therein Is sold, transferred or conveyed by Truslor <br />wllhout BenefIciary's prior written coneent, excluding (a) the creation of a lien of encumbrance subordinate to this Deed of Trust, (b) the creation <br />of a purchase money security Interest for household appllances,lc) a transfer by devise, descent or by operation of law upon the death of e joint <br />tenant or (d) the granl of any leasehold Intaree' of three yaars or less not containing en option to purchase, Beneficiary may, al Beneficiary's op. <br />tlon, declare oil the sums secured by thle Deed at Trus' to be Immedlatelv due and Davsble. or cause the Trustee to file a notice of default <br />Beneficiary shell have waived such option to accelerate If, prior to the sole, Transfer or conveyance, Beneficiary and the person to whom the <br />property Is to be sold or Iransferred reach agreement In writing that the credit of such person Is satisfactory to Beneficiary and that the <br />Interest peyable on the sums secured by thlu Doed of Trust shall be at such rale as Benellclary shall request. <br />11. Al:C8rt"atlon upon DI'aulli Rlmedlll; Sail. Upon default by Trustor In the payment of or performance of the 1erms Bnd conditions of 'he <br />Note, or any renowels, modlflcatlone or extensions thereof, or the payment of any other Indebtedness secured hereby or In the performance of <br />any of the covenants or agreemente hereunder, Beneficiary may declare all suma secured hereby Immediately due and payable end the seme <br />shalllhereupon become due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to <br />Trustee a written declaration of default and demand for sale. Truslee shall have the power of sale of the Propeny and If Beneficiary decides the <br />Property Is to be sold It shall deposit with Trustee this Deed of Trust and the Note or notes and any other documents ovldenclng expenditures <br />secured hereby, and shall deliver to Trustee a written notice of default and electlcn to cause the Property to be eold, and Trustee, In turn, shall <br />prepare a similar notice In the form required by law which shall ~e duly IlIed for record by Truelee. <br />tal Atter the lapse of euch time es may be required by law following the reccrdatlon of Notice of Default, and Notice of Default snd Notice of <br />Sal~ having been given 08 required by law, Trustee, without demand on Truetor, shall sell the Property In one or more parcels and In such order <br />as Trustor may determine on tho dale and at the time and place deSignated In said Notice of Sale, at public auction to the highest bidder, 'he <br />purchase prlae payable In cash In lawful money of the United Slates at the time ofS8le. The person conducting the sale may, fcr any cause he or <br />she deema IIIxpedlent, postpone the sale from time to time until It shall be completed and, In every such case, notice of postponement shall be <br />given by publiC declaration 'horsof by such person at the time and place last appointed for tha sale; provided, If the sale Is postponed for longer <br />than one{1. day beyond the day deelgnated In the Notice of Salo, notice thereof .hall be given In 'ho same monner as the original Nollce of Sale. <br />Trustee .hall execule and deliver to Ihe purchaser l1e Deed conveying the Property so sold, but without any covenont or warranty, express, or <br />Implied. The recltall In the Deed of Bny mattere or facte shall be conclusive proof of the truthfulness thereof. Any person, Including without <br />limitation Beneficiary or Truetee, may purch.ee at the sale. <br />(b) When Trustee nlls pursuant to the powers herein. Trustee shall apply the proceeds of the sale '0 poymant of the costs and expanses of <br />exercising the power of sale and of the sale, Including, without limitation, the payment 01 Truslee's Fees Incurred, which Trustee's Fees shall not <br />In the aggregate exceed the following amounte bued upon the amount sacured hereby and remaIning unpaid: 5 parcentum on the balance <br />thereof; and lhen to the Ilema set forth In subparagraph (c) hereof In theordsr therein slated. <br /> <br />L <br />