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<br />106077
<br />Q1
<br />Beneficiary's Security Trustor shall make all psyenls at interest and principal and payments nt any
<br />B. Additional 41etn and Proll&fao 01
<br />other charges, fees and expenses cantracfod to be pad to any existing ianholdere or prior baneficlarlas under any prior dead of trust or mor•
<br />other Ilens, claims or charges which may jeopordi�e the
<br />tgage before the data they are delinquent and promptly pay and discharge any and all
<br />security granted herein. If Trustor falls to make any such payment or falls to perform any of the covenants and agreements contained In this
<br />Is which materially affects Beneficiary's In.
<br />Dead of Trust, or In any prior mortgage or dead of true, or If any notion or proceeding commenced
<br />terest In the Property, Including, but not limited to, eminent domain proceedings, or proceedings Involving a decadent, or If Trustor falls to pay
<br />Beneficiary's option and without notice to or demand upon Trustor and
<br />Trustor's debts generally as they become due, then Beneficiary, at
<br />from any obligation hereunder, may make such appearances, disburse such sums, and take such action ale Is
<br />without releasing Trustor
<br />necessary to protect Beneficiary's Interest, including, but not limited to, disbursement of reasonable attorney's foes, payment, purchase, con,
<br />charge or lion, and entry upon the Property to make repairs. In the event that Trustor shall 1811 10
<br />test or compromise of any encumbrance,
<br />procure Insurance or to pay taxes, aaaesamante, or any other charges or to make any payments to exiting prior lion holders or beneficiaries.
<br />Insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 8 shall
<br />Beneficiary may procure such to
<br />become, additional Indebtedness secured ® this Deed of Trust. Such amounts shall notice Beneficiary
<br />date disbursement at the rate payable from time to time on outstaning
<br />of
<br />e or requesting payment thereof. and shell bear Interest the
<br />Note of Interest at such rate would be contrary to applicable law, in which event such amounts shall bear In•
<br />principal under the unless payment
<br />forest at the highest fate permissible under applicable law. Nothing contained In this Paragraph 8 shall require Beneficiary to Incur any expense
<br />or take any action hereunder.
<br />7. Assignment of Rents. Beneficiary shall have the right, power and authority during the continuance of this Dead of Trust to collect the rants,
<br />thereon with or without taking possession of the property affected
<br />personal property located
<br />Issues and profile of the Property and of any ated
<br />Trustor hereby absolutely and unconditionally assigns all such rants, Issues and profits to Beneficiary. Beneficiary, however, hereby
<br />is
<br />hereby, and not,
<br />consents to the Truster's collection and retention of such rents, Issues and profits as they accrue and become payable so long as Trustor
<br />to of any Indebtedness secured hereby, or In the performance of any agreement hereunder, Upon
<br />at such time, in default with respect payment
<br />any such default, Beneficiary may at any time, either In person, by agent, or by a receiver to be appointed by a court, without notice and without
<br />upon and take possession of the Property or any part
<br />regard to the adequacy of any security for the indebtedness hereby secured, (a) enter
<br />thereof, and In Its own name sue for or otherwise collect such rents, issues and profits, Including those past due and unpaid, and apply the same,
<br />attorneys fees, upon any Indebtedness secured hereby, and in such
<br />less costs and expenses of operation and collection, including reasonable
<br />order as Beneficiary may determine; (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of the
<br />as Its judgment may dictate or terminate or 8d•
<br />Property; (c) lease the same or any part the fact for such rental, term, and upon such conditions
<br />just the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise In writing, any application of rents,
<br />due date of the Ins tallment payments as provided in said
<br />Issues or profits to any Indebtedness secured hereby shell not extend or postpone the
<br />of such installments. The entering upon and taking possession of the Property, the collection of such
<br />promissory note or change the amount
<br />rents, Issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate
<br />further security for the performance of the obligations secured
<br />any act done pursuant to such notice. Trustor also assigns to Beneficiary, as
<br />which may have been or may hereafter be deposited with said Trustor by any lessee of the Property, to
<br />hereby, all prepaid rents and all monies
<br />secure the payment of any rent or damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such
<br />of the red herein, to any tenant occupying said
<br />notice 0 rents and deposits to
<br />premises shall be sufficient tolrequire isaid tenant to pay said Beneficiary's exercise
<br />tlhe Beneficiary notice
<br />8. Condemnation. If title to any part of the Property shall be taken In condemnation proceedings, by right of eminent domain or similar action,
<br />hereby assigned and shall be paid to Beneficiary who shall
<br />or shall be sold under threat of condemnation, all awards, damages and proceeds are
<br />damages and proceeds to the sum secured by this Deed of Trust, with the excess, if any, paid to Trustor. If Trustor receives
<br />apply such awards,
<br />any notice or other information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to Beneficiary.
<br />In Its own name any such action or proceedings and shall be
<br />Beneficiary shalt be entitled, at Its option, to commence, appear in and prosecute
<br />or settlement in connection with any such action or proceedings.
<br />entitled to make any compromise
<br />9. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, sha!l be entitled to enforce payment and performance of any indebted•
<br />Beneficiary,
<br />Trust any other agreement executed in con-
<br />nets or obligations secured hereby and to exercise all rights and powers under this Deed of or under
<br />laws now or hereafter in force, notwithstanding some or ell of the such indebtedness and obligations secured hereby
<br />herewith or any
<br />may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance
<br />to the power of sale or other powers herein contained, shall
<br />of this Deed of Trust nor its enforcement whether by court action or pursuant
<br />prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereater held by Trustee or
<br />be to enforce this Deed of Trust and any other security
<br />Beneficiary, It being agreed that Trustee and Beneficiary, and each of them, shall entitled
<br />in order and manner as they or either of them may In their absolute discretion determine. No
<br />now or hereafter held by Beneficiary or Trustee such
<br />herein conferred upon or reserved to Trustee or Beneficiary Is intended to be exclusive of any other remedy herein or by law provided or
<br />law in
<br />remedy or
<br />permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at
<br />Deed Trust to Trustee or Beneficiary or to which either of them may be
<br />equity or by statute. Every power or remedy provided hereunder this of
<br />or independently, from time to time and as often as may be deemed expedient by Trustee or
<br />otherwise entitled, may be exercised, concurrently
<br />Beneficiary and either of them may pursue Inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against the Trustor to the extent such action Is permitted by law.
<br />Assumption. If all or any part of the property or any Interest therein is sold, transferred or conveyed by Trustor
<br />10. Transfer of the Property;
<br />without Beneficiary's prior written consent, excluding (a) the creation of a lien of encumbrance subordinate to this Deed of Trust, (b) the creation
<br />devise, descent or by operation of law upon the death of a joint
<br />of a purchase money security Interest for household appliances, (c) a transfer by
<br />of any leasehold interest of three years or less not containing an option to purchase, Beneficiary may, at Beneficiary's op-
<br />tenant or(d) the grant
<br />tion, declare all the sums secured by this Deed of Trust to be immediately due and payable. or cause the Trustee to file a notice of default.
<br />Transfer or conveyance, Beneficiary and the person to whom the
<br />Beneficiary shall have waived such option to accelerate If, prior to the sale,
<br />is be or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the
<br />property to sold
<br />interest payable on the sums secured by this Dead of Trust shall be at Such rate as Beneficiary shall request.
<br />or of the terms and conditions of the
<br />11. Accerierstion upon Default; Remedies; Sae. Upon default by Trustor in the payment of performance
<br />modifications or extensions thereof, or the payment of any other indebtedness secured hereby or in the performance of
<br />Note, or any renewals,
<br />n e ofrany ikind.Tiheereafterr, n and payable and the
<br />any of the coveants or B en arry may deliver to
<br />npayable aprotest
<br />shall thereupon become duce and withouBtepresentment, demland orsnoti ,
<br />declaration of default and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary decides the
<br />Trustee a written
<br />Property Is to be sold it shall deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures
<br />the Property to be sold, and Trustee. In turn, shall
<br />secured hereby, and shall deliver to Trustee a written notice of default and election to cause
<br />prepare a similar notice In the form required by law which shall be duly filed for record by Trustee.
<br />(a) After the lapse of such time as may be required by law following the recordation of Notice of Default, and Notice of Default and Notice of
<br />the Property In one or more parcels and in such order
<br />Sale having been given as required by law, Trustee, without demand on Trustor, shall sell
<br />Trustor may determine on the date and at the time and place designated in said Notice of Sale, at public auction to the highest bidder, the
<br />as
<br />purchase price payable in cash in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he or
<br />be and, in every such case, notice of postponement shall be
<br />she deems expedient, postpone the sale from time to time until it shall completed
<br />given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale Is postponed for longer
<br />thereof shall be in the same manner as the original Notice of Sale.
<br />than one (1) day beyond the day designated in the Notice of Sale, notice given
<br />Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express, or
<br />be of the truthfulness thereof. Any person, including without
<br />Implied. The recitals in the Deed of any matters or facts shall conclusive proof
<br />limitation Beneficiary or Trustee, may purchase at the sale.
<br />(b) When trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sae to payment of the costs and expenses of
<br />Trustee's Fees incurred, which Trustee's Fees shall not
<br />-- - - -.
<br />exercising the power of sale and of the sale, Including, without limitation, the payment of
<br />in the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpsld: 5 percentum on the balance
<br />thereof; and then to the items set forth In subparagraph (c) hereof In the order therein stated.
<br />7h`
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