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<br />200708002 <br /> <br />shall deliver to Beneficiary the original policies of insurance and renewals thereof or memo copies of such policies and renewals thereof. <br />Failure to furnish such insurance by Trustor or renewals as required hereunder shall, at the option of Beneficiary, constitute a default. <br /> <br />5. TAXES, ASSESSMENTS, AND CHARGES. Trustor shaH pay all taxes, assessments, and other charges, including, <br />without limitation, fines and impositions attributable to the Property and leasehold payments or ground rents, if any, before the same <br />become delinquent. Trustor shall promptly furnish to beneficiary all notices of amounts due under this paragraph and, in the event <br />Trustor shall make payment directly, Trustor shall promptly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay <br />all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Trust Deed without regard to any law that <br />may be enacted imposing payment of the whole or any part thereof upon the Beneficiary. <br /> <br />6. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARY'S SECURITY. Trustor shall make all payments <br />of interest and principal and payments of any other charges, fees, and expenses contracted to be paid to any existing or subsequent <br />lienholder or beneficiary under any existing or subsequent mortgage or trust deed before the date they are delinquent or in default, and <br />promptly pay and discharge any and all other liens, claims, or charges which may jeopardize the security granted herein. If Trustor fails <br />to make any such payment or fails to perform any of the covenants and agreements contained in this Trust Deed, or the Note referred to <br />herein, or in any prior or subsequent trust deed, or if any action or proceeding is commenced which materially affects Beneficiary's <br />interest in the Property, including, but not limited to, eminent domain proceedings, proceedings involving a decedent, notice of sale by <br />Trustee, notice of default by Trustee, trust deed foreclosure action, or if Trustor fails to pay Trustor's debts generally as they become due, <br />then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and without releasing Trustor from any obligation <br />hereunder, may make such appearances, disburse such sums, and take such action as is necessary to protect Beneficiary's interest, <br />including, but not limited to, disbursement of reasonable attorneys' fees, payment, purchase, contest, or compromise of any encumbrance, <br />charge, or lien, entry upon the Property to make repairs, or declaration of default under this Trust Deed. In the event that Trustor shall fail <br />to procure insurance or to pay taxes, assessments, or any other charges or to make any payments to any existing or subsequent lienholders <br />or existing or subsequent beneficiaries, Beneficiary may procure such insurance and make such payment but shall not be obligated to do <br />so. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional indebtedness of Trustor secured by this <br />Trust Deed. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof and shall bear interest <br />from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at <br />such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under <br />applicable law. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any expense or take any action hereunder. <br /> <br />7. ASSIGNMENT OF RENTS. Beneficiary shall have the right, power, and authority during the continuance of this <br />Trust Deed to collect the rents, issues, and profits of the Property and of any personal property located thereon with or without taking <br />possession of the property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues, and profits to <br />Beneficiary. Beneficiary, however, hereby consents to the Trustor's collection and retention of such rents, issues, and profits as they <br />accrue and become payable so long as Trustor is not, at such time, in default with respect to payment of any indebtedness secured hereby, <br />or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, by agent, or by <br />a receiver to be appointed by a court, without notice and without regard to the adequacy of any security for the indebtedness hereby <br />secured, (a) enter upon and take possession of the Property or any part thereof and, in its own name sue, for or otherwise collect such <br />rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, <br />including reasonable attorneys' fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine; (b) perform <br />such acts of repair or protection as may be necessary or proper to conserve the value of the Property; (c) lease the same or any part thereof <br />for such rental, term, and upon such conditions as its judgment may dictate, or terminate or adjust the temlS and conditions of existing <br />leases. Unless Trustor and Beneficiary thereof agree otherwise in writing, any application of rents, issues, or profits to any indebtedness <br />secured hereby shall not extend or postpone the due date of the installment payments as provided in said promissory note or change the <br />amount of such installments. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and <br />the application thereof as aforesaid shall not waive or cure any default or notice of default hereunder or invalidate any act done pursuant <br />to such notice. Trustor also assigns to Beneficiary, as further security for the performance of the obligations secured hereby, all prepaid <br />rents and all monies which may have been or may hereafter be deposited with said Trustor by any lessee of the Property to secure the <br />payment of any rent or damages, or, upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents <br />and deposits to Beneficiary. Delivery of written notice 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 rent to the Beneficiary until further notice. <br /> <br />8. CONDEMNATION. If title to any part of the Property shall be taken in condemnation proceedings, by right of <br />eminent domain or similar action, or shall be sold under threat of condemnation, all awards, damages, and proceeds are hereby assigned <br />and shall be paid to Beneficiary who shall apply such awards, damages, and proceeds to the sum secured by this Trust Deed, with the <br />excess, if any, paid to Trustor, except that such award, damages or proceeds, or any portion thereof may be used to restore or replace any <br />portion of the Property taken, damaged or rendered unusable by reason of the condemnation at the discretion of the Beneficiary. If <br />Trustor receives any notice or other information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to <br />Beneficiary. Beneficiary shall be entitled, at its option, to commence, appear in, and prosecute, in its own name, any such action or <br />proceedings and shall be entitled to make any compromise or settlement in connection with any such action or proceedings. <br /> <br />9. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance of the <br />Property to Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust <br />Deed when evidenced by promissory notes stating that said notes are secured hereby; provided that at no time shall the secured principal <br />and future advance, not including sums advanced to protect the security, exceed two hundred percent (200%) of the original principal <br />amounts secured hereby. <br /> <br />10. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and <br />performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Trust Deed or under any <br />other agreement executed in connection herewith or any laws now or hereafter in force, notwithstanding some or all of such indebtedness <br />and obligations secured hereby which may now or hereafter be otherwise secured, whether by mortgage, trust deed, pledge, lien, <br />assigmnent, or otherwise. Neither the acceptance of this Trust Deed nor its enforcement, whetl1er by court action or pursuant to the power <br />of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce <br />any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall <br />be entitled to enforce this Trust Deed and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as <br />they, or either of them, may, in tl1eir absolute discretion, determine. No remedy herein conferred upon or reserved to Trustee or <br />Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall <br />