y, 1
<br />87-- 104661
<br />B.' Add+tiar l [lamserxl Rratacf eno/9enaNcAay s Security. Truster shall make all payments of interest and principal and payments of any other
<br />efts fgM, faire and expenses contracted to be paid to arty existing Non holders or prior beneficiaries under any prior dash of trust or mortgage before
<br />rte tea they we delinquent wild promptly pay and discharge any and all other Hens, claims or charges which may jeopardise the security Worried
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<br />to appfieabb low, in which event such amoums Nall bow interval at the highest rate permissible under applicable law. Nothing contained in this
<br />Paragraph A.B OW require Gone iciwv to incur any expense or take any action hereunder.
<br />a IT 1S MUTUALLY AGREED THAT:
<br />._ AsSigilitiomf Of Rerrta: Beneficiary shall have the rigfit power and authority during the continuance of this Dead of Trust to collect the roots,
<br />nwss std profile of the Property and of any persona property located thereon with or without taking possession of the property affected hereby, and
<br />Trostor hereby sbbiutNy and uncorWttrornally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby Consents to the
<br />Tnstols d ~ern and retention of such rants. issues and profile "they accrue and become payable so long as Trustor is not.at such time, in default
<br />with rigged to payment of any, uidebtedness secured hereby; or in the performance of any agreement hereunder. Upon any such default. Beneficiary,
<br />may at wrw tine, either in person, by agent, or by a receiver to be appointed by a court, without notice and without regard to the adequacy of any
<br />secwtly for the indebtedness hereby secured. (a) enter upon and take possession of the Property or any part thereof, and in its own name sue for or
<br />otherwite collect such rents, issues and profits• including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />eollactan. including reportable attorneys fees. upon any indebtedness "cured hereby, and in such order as Beneficiary may determine. (b) perform
<br />such acts at repair or protection as may be necessary or proper to conserve the value of the Property; (c) lease the same or any part thereof for such
<br />rental, term, and upon such conditions as its ~eat may dictate or terminate. or adjust the terms and conditions of existing leases. Unless Trustor
<br />and Beneficiary thereof agree otherwise in writing, any application of rents. issues or profits to any indebtedness secured hereby shell not extend or
<br />postpone the due date of the installment pai marts as provided in said promissory note or change the amount of such installments. The entering upon
<br />and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure
<br />any, default or notice of default hereunder or invalidate any act done pursuant to such notice. Trustor also assigns to Beneficiary, a further security for
<br />the performance of the obligations secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said
<br />Tnntor by any Iaseae of the Property, to secure the payment of any rent or damages, or upon default in the performance of any of the provisions
<br />itweof. Trustor egrets to deliver such sera and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted
<br />herein, , to any tenant occupying said promises shall be sufficient to require said tenant to pay rant to the Beneficiary until further notice.
<br />2. Condnwwfron. If title to any, pen of the Property shall be taken in condemnation proceedings, by right of eminent domain or ei ilar action, or
<br />shhel be said under threat of condemnation, elf awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall apply
<br />such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess, of any. paid to Trustor. If Trustor receives any notice or
<br />other mformation regarding such actions or proceedings. Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled,
<br />at ns option, to commence, appear in and prosecute in its own name any such action or proceedings and shall be entitled to make any compromise or
<br />settemcat in connection with any such action or proceedings.
<br />3. Fwwir Advancp. Upon request of Trustor, Beneficiary at Beneficiary's option, prior to reconvoyance of the Property to Trustor, may make
<br />future ad waves to Trustor. Such future advance, with interest thereon, shall be secured by this Trust Dead when evidenced by promissory notes
<br />storing ttatsad totes are secured hereby; provided that at no time shall the secured principal, future advances. not including sums advanced to
<br />fix tie slum r, exceed Two Hundred percent (2OD%) of the original principal amounts secured hereby.
<br />4. Remedies Alec Exchm". Trustee and Beneficiary, and each of them. shall be entitled to enforce payment and performance of any
<br />Indebtedness or obligations secured hereby and to exercise all rights and powers under this Teed of Trust or under any other agreement executed in
<br />connection herewith at any saws now or hereafter m force, notwithstanding some or all of the such indebtedness and obligations secured hereby may
<br />now or hereafter otherwise secured. whether by mortgage, deed of trust. pledge, lion. assignment or otherwise. Neither the acceptance of this
<br />Dead of TrAW for its enforcement whether by court action or pursuant to the power of sale or other powers heroin contained, shall prejudice or in any
<br />manner ~t Trustee's or Bateficisy's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being
<br />agreed that Tna»e and Beneficiary, and each of them, shelf be entitled to enforce this Deed of Treat and any other security now or hereafter held by
<br />BMatlebry, or Trustee in such order, and manow as they or either of them may in their absolute discretion determine. No remedy herein conferred
<br />upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumustiw and shelf be in addition to every otter remedy given hereunder or now or hereafter emitting at law or in equity of by statute. Every power or
<br />remtdyprovided hereunder this Dead of Trust to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently or independently. from time to time and as often " may be deemed expedient by Trustee or Beneficiary and either of them may pursue
<br />fenedes. nothing harem shelf be construed ss prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the
<br />extent such schon to permitted by low.
<br />5 Tf n$AWof fre PbapO .• Assuntptan. B all or sty pat of the property or interest therein is sold, transferred or otherwise conveyed by Trustor
<br />oxrIO~ Oaraficiery's pray written consent excluding (a) the creation of a Lien or encumbrance subordinate to this Dad of Trust, (b) the creation of a
<br />purchase money security interest for household appliances, fc) a transfer by devise, descent or by operation of law upon the death of a joint tenant or
<br />(dB t o'gri nt of Why leaahold interest of three yews or toss not containing an option to purchase, such action is a breach of this agreement, and
<br />Sometkary may, at Baaficiary's option, doctors all the sums secured by this Dad of Trust to be immediately due and payable, or cause the trustee to
<br />file anotxe ofdefeirtf. Beneficiary shat have waived such option to accelerate it, prior to the sale, transfer or conveyance. Beneficiary and the person
<br />to Whom We property to to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the
<br />F payable on the sortie secured by thus Dad of Trust shall be at such rate as Beneficiary shall request.
<br />B. AmOw hwtsprat DOAsali; Asimed irs; Sale. The failure by the Trustor to make any payment or to perform any of the toms and conditions of
<br />tar MOIL or athr , or extensioha thereof. or the payment of any other indebtedness secured hereby or in the performance of
<br />arryof tla sovenents or agreements hereunder *hall be a breach of this agreement and the Beneficiary may declare a default and may declare all sums
<br />stsset A henmy maeedietetydfw
<br />and payable and the seine shell thereupon become due and payable without presentment demand, protest or notice
<br />Of say kpid. Tteteahr, B*r4ffW "away deliver to Trustee a written of default and demand for sale. Trustor agrees and hereby grants that
<br />to TI MM* sitar have the power of $ of to Proporty and it Bo ishcisy decides the Property is to be sold it shall deposit with Trust" this Dad of
<br />T err A tq ttlete'or ore aid anyodar evMeneing expenditures secured hereby, and shall deliver to Trustee a wrttten notice of default
<br />snit to tssthapsrty su he sold and Tn fh„ m evert, sfiN1 prepare a similar notice in the form required by low. which shell be duly filed
<br />has naiad by fir_ ;;
<br />Aft lapse * lush tune p may be raquued btl taw foNowitg the recordation of Notice of Default. and notice of Default and Notice of
<br />$ale faaen'gwat as by leer, Trwtee. without demand on Trustor. shall all the Property in one or mote parade and in such
<br />user wi the ilete and ttw Haar arts phase daegnsted in said Notice of Sale, of public auction to the highest
<br />..:Mt fMusr► plryabith m w'.pe m ewrfut mertey d the United 5tatss at the Irma of safe. The person conducting the ate may,
<br />en hear aka the firrrr t��tetoterto until it stew be completed and, in every such case, notice of
<br />art' Apr he tars theroo! by stun paann at the lure wed pracs teat appointad fix errs ple: provided, it
<br />`rtli � fe trsrw eia (t I afetr Yayavtd the`dgv d�r9^ated in the Met,s:e of Sets, notice tha•of shall be given an the
<br />� �e a Safa- T ..... ahtsN aixt freer Fn the tGaraheasi tft Deed c the Prop ®rty serf anr<3:
<br />warenh. . or ..TM re6etaairi. ins Dead nil am mattsro ale fsatssheH he corscausays prrarJe •.,r
<br />;. • . riic wd terttitefrert. ..fiery or Trustee. may inrrCnaae at the seta,
<br />e areti apply the proceeds of the sate FL vay neeot of the crusts and ex #ale ore, ,.:`
<br />thu'A , ore poymerit tA Trusloo % Foag rncurrsaG, wh,an Tnrslea s Frr: r
<br />Mood WOO" Me anneunt secutod hereby and rmnaira," npa,d Vir.cer =.i•,,,.
<br />la* ic1 m the c*dw triers aerated.
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