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88- 107066 : ~'hl . I. 5, T...., As''''-', .... a...... Truslor sholl pay ollloxes, o.....m.nls and olher charges, Including, wllhoutllmllotlon, lines and 1m. pOlitlonl ottributoblt 10 lhe Propor'y, and leoSlhold poym.nlS or ground renls, if any, b.for. the sam. become dellnqu.nt. Trustor sholl promp. 'Iy furnish to IItntficlory 011 noU". of amount. duo und.. this paragraph, and In the event Truslor sholl mok. poym.nt dlr.ctly, Trullor Iholl promptly,fumIth,Illlltntflclaryl....lplS .vld"llCing such payments, Trustor sholl poy ollloxel and o.....m.nll which may b. I.vled upon Ben.flclary'. Int"..1 heroin or lIpOfl ,'.... <:;..~ of Trusl wllhout regard to ony low Ihot may be enocltd Imposing poymenl of Ih. whol. Dr any parllhereof upon'he Btntficlory, 6. AMI..... u..a .4 Pnt.ctllll .f ....fIc!.y'. St.urhy, Trultor sholl make 011 poym.nls of Interelt and princlpol ond poymenls of any olh.r c~~, filS and ..penslS conlroct.d to be pold to any .xlstlng lienholders or prior ben.llciorles under any prior deed of Irust or mor- 19age before ,he dolO Ih.y ore d.linqu.nl om! promptly pay and discharge any and 011 other liens, claims or charges which may jeopordlu the securlly gronttd h.reln. II Truslor lails 10 make any such poymenl Dr foils to perform any 01 the covenonts and agreements cant Dined in Ihls Deed of Trust, or in any prior morlgoge or deed of trusl, of 11 any action 0' proceeding Is commenced which materidlly olfects Beneficiary's In- terellln the Property, Including, bul nollimlled 10, eminenl domain proc..dings, Dr proceedings Involving 0 decendent, or 11 Trustor foils to pay Truslor's dobts generolly os thoy become due, then Beneficiary, 01 Beneficiory's option and wllhout notice to or demand upon Trustor and wllhoul releasing Trustor from any obligation hereunder, may make such appearances, disburse such sums, and toke such oclion os is necessary to pro'ect Ben.llclory's Interest Including, but nolllmited to, disbursement 01 reasonable attorney's fees, poymenl, purchase, contest or com- promls. 01 any encumbronce, charge or lien, and enlry upon the Property 10 make repairs. In the event Ihot Trustor shollloil to procure In- suronc. Dr to poy tox.s, ossessmenls, or ony olher charges or to make any poymenls 10 exisling prior lien holders or beneficiaries, Beneficiary may procur. such Insurance and make such poymenl. Any omounls disburs.d by Benellciory pursuonlto this Paragraph 6 sholl become oddltlonol indebtedness 01 Trustor secured by this Deed 01 Trust, Such amounts sholl be payable upon notice from Beneficiary 10 Trustor requesling pay. ment Ihereof, and sholl beor inleresl from the dote of disbursemenl at the role poyoble from lime 10 time on outslonding principal under the Nato unless payment of Inlerest 01 such role would be contrary to applicable low, In which evenl such amounts sholl bear interest 01 the highesl fate permissible under applicable low. Nothing contained in this Paragraph 6 shall require Beneficiary 10 incur any eMpense or toke any Dction hereunder. 7, Anlgnmenl 01 Rent., 8enellciory sholl hove the righI, power ond authority during the continuance of Ihis Deed 01 Trust to collecllhe rents, issu.s and profils 01 the Property and of any personal property located thereon with or withoUlloking possession 01 the property affected hereby, ond Truslor hereby obsolulely and unconditionally assigns 011 such rents, issues and profits '0 Benellciory. Beneliciory, however, hereby con58nls to the Trustor's collection and retention of such rents. issues and profits os they accrue and become poyable 50 long as Trustor is not. 01 such time, in default wilh r.spect to poymenl of any indebledness secured hereby, or in the performance of any agreement hereunder. Upon any such default. Beneficiary may at any time, either in pe"son, by ogan., or by receiver '0 be appointed by a court, without notice and without regard to the adequacy of any security for Ihe indebledness hereby secured, (0) enler upon and lake possession of ,he Property or any port ther.of, and in its own nome sue for or olherwise collecl such renls, Issues and profils, including Ihose post due and unpoid, and apply Ihe some, less cosl$ and expenses of operation and colleclion, including reasonable allorneys fees, upon any Indebtedness secured hereby, ond in such order os Beneficiary may determine, (b) perform such ocls of repair or protection os may be necessary or proper to conserve Ihe value of the Property, (c) lease the some or any porllhereof lor such renlal, term, and upon such conditions os its judgment may diclole or terminote-or ad. lust the lerms and conditions 01 any existing leose or leases. Unless Trustor and Beneficiary agree olherwise in wriling, any opplicolion of rents, issues or profits to any Indebtedness secured hereby sholl not "tend or postpone the due dote of Ihe inslollment poymenlS os provided in said promissory note or change Ihe omounl of such Inslollmenls. The enlerlng upon and taking possession of the Property, the collection of such rents, Issues and profits, and the application thereof os oloresoid, sholl not waive or cure any default or notice of default hereunder, or in- validole any oct done pursuonl 10 such notice. Trustor also assigns to Beneficiary, os lurlher security for the performance of Ihe obligations secured hereby, 011 prepaid rents and 011 monies which may hove been or may hereolter b. deposited wilh said Trustor by any lessee of Ih. Pro- perly, to secure the payment of any renl or damages, and upon default In the p.rlormonce of any of Ihe provisions hereof, Truslor agrees to deliver such r.nts and deposits to Benefltlory. Delivery of wrillen ootlce of Beneficiary's exercise 01 the rights gronled herein, 10 any tenon I oc- cupying said premises sholl be sufficient 10 require sold lenont to pay said rent to the Beneficiary until further notice. B. C.n4.mnatl.n, If Iltle to any porI of Ihe Property sholl be token In condemnolion proceedings, by right of eminent domain or similar oclion. or sholl be sold under threol of condemnation, 011 owords, damages and proceeds ore hereby assigned and sholl be paid 10 Beneficiary who sholl apply such awards. damages and proceeds to the sum secured by this Deed of Trusl, with the excess, if any. paid 10 Trustor. If Truslor receives ony nolice or olher Information regarding such actions or proceedings, Trustor sholl give prompl wrlllen nolice Ihereof 10 beneficiary. Beneficiary sholl be entitled, 01 ils option, 10 commence, appear in and prosecute in its own nome any such oclion or proceedings and sholl be en- titled to make any compromise or settlement in connection wilh any such action or proceedings. 9. Remedl.. Nol bclu.l.o, Beneficiary sholl be entitled to enforce poymenl and perlormonce of any Indebtedness or obligotlons secured hereby and 10 exercise 011 righls and powers under Ihls Deed of Trust or under any other agreement executed in connection herewith or any lows now or hereolter in force, natwlthslonding some or 011 of the such Indebledness and obligations secured hereby may now or hereafter be other- wise secured. whether by mortgage, deed of Irust, pledge, lien, assignment or olherwise. Neither the acceptance of this Deed of Trusl 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 offect Beneficiary's righllo realize upon or enforce any other security now or hereafter held by Beneficiary, it being agreed thaI Beneficiary sholl be entilled 10 enforce this Deed of Trust and any other security now or hereaf'er held by Beneficiary in such order and manner as it may in its Db~ solule discretion determine. No remedy herein conferred upon Dr reserved to Beneficlory is Intended to be exclusive 01 any other remedy herein Dr by low provided or perrnilled, but each sholl be cumulolive and sholl be In addition 10 every other remedy given hereunder or now Dr hereafter exisllng at law Of in equity or by statute. Every power or remedy provided hereunder this Deed of 1ru5110 Beneficiary or to which il may be oth.rwis. .ntltled, may be exercised, concurrenlly or Independenlly, from time to lime and os often os may be deemed expedienl Beneficiory ond It may pursue Inconslslonl remedies. Nolhlng herein sholl be construtd os prohibiting Beneflciory from seeking 0 deficiency judgmenl ogolnsl Ih. Trustor to Ihe extenl such action is permllled by low. 10. '_oIer.1 Pr.perty, Allumptl.n. If 011 or any porI of the property or any int.resllherein is sold, transferred or conveyed by Truslor without Ben.ficlory's prior written consent, excluding (oj the creation of 0 lien Dr encumbrance subordinole to this Deed 01 Trust, (b) the creo- tion of 0 purchose money security Interesl for household oppllonces. (c) 0 transfer by devise, descenl or by operation of low up.n the deolh of 0 lolnl lenonl or (d) Ihe g,onl of any leasehold inleresl of three years or less not conloinlng on option 10 purchase, Beneficiary may, at Bo..ficiary's oplion, declor. 0111110 sums secured by this Deed 01 Trust 10 be immediately due and payable, or couse the Truslee to file 0 notice of default. Beneficiary sholl hove wolvtd such oplion 10 occ.lerole if, prior 10 the sole, Ironsfer or conveyance, Beneflciory and Ihe person 10 whom the prop.rly is to b. sold or translerred reach ogreemenl in writing Ihnl Ihe credil of such person is sotlsfoctory to Beneficiary and Ihol lhe interes' poyoble on th. sums secured by this Deed of Trust sholl be 01 surh .ole os Beneficiary sholl request.