Laserfiche WebLink
_8.189 <br />5. Toll, Aeeeeewwft, mW C1 g . Trustor shall payoff taxes, assessments and other charges, including, without limitation, fines and im- <br />positions anrbutable to the ftperty, and leasehold payments or ground rows, if any, before the some become delinquent. Trustor slnpN promp- <br />tly furnish to Beneficiary oN notices of amounts due under this paragraph, and in the event Trustor shall make payment directly, Trustor shall <br />prant'fdy fiwnish to Beneficiary receipts evidencing such payments. Trustor shall pay oN taxes and assessments which may be levied upon <br />Beneficiary's iutle oo herein or upon this Deed of Trust without regard to any law that may be enacted imposing payment of the whole or any <br />pat thereof upon the Beneficiary. <br />6. Add Mid Neared Pr000 ten of 8=111 ft, Somlly. Trusts shall make all payments of interest and principal and payments of any <br />other charges, fees and expen m controcted to be paid to any existing lienholdws or prior beneficiaries under any prior deed of trust or mor- <br />tgoge before the date they are delinquent and promptly pay and discharge any and all other liens, claims or charges which may jeopardize the <br />security granted herein. If Trustor fads to make any such payment or foils to perform any of the covenants and agreements contained in this <br />Deed of Trust, or in any prior mortgage or deed of trust, of if any action or proceeding is commenced which materially affects Beneficiary's in- <br />terest in the Property, including, but not limited to, eminent domain proceedings, or proceedings involving a decendent, or if Trustor fails to pay <br />Trustar's debts generally as they become due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and <br />without releasing Trustor from any obligation hereunder, may make such appearances, disburse such sums, and take such action as is necessary <br />to protect Benefickxy's interest including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, contest or com- <br />promise of any encumbrance, charge or lien, and entry upon the Property to make repo'., s. In the event that Trustor shall fail to procure in- <br />suroce or to pay taxes, assessments, or any other charges or to make any payments to existing prior lien holders or beneficiaries, Beneficiary <br />may procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional <br />indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting pay - <br />went thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the <br />Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest <br />rate permissible under applicable low. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any expense or take any action <br />hereunder. <br />1. AssilmmW of Beats. Benef #iory shall have the right, power and authority during the continuance of this Deed of Trust to collect the <br />rents, issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected <br />hereby, and Trusto hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby <br />consents to the Trustar's collection and retention of such rents, issues and profits as they accrue and become payable so long as Trustor is not, <br />at such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement hereunder. Upon <br />any such default, Beneficiary may at any time, either in person, by agent, or by receiver to be appointed by a court, without notice and without <br />regard to the adequacy of any security for the indebtedness hereby secured, (a) enter upon and take possession of the Property or any part <br />thereof, and in its own none sue for or otherwise collect such rents, issues and profits, including those post due and unpaid, and apply the same, <br />less costs and expenses of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such <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 />Property; (c) lease the sane or any port thereof for such rental, term, and upon such conditions as its judgment may dictate or terminate or ad- <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 />issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the installment payments as provided in said <br />promissory note or change the amount of such installments. The entering upon and taking possession of the Property, the collection of such <br />rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or in- <br />validate any act done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of the obligations <br />secured hereby, all prepaid rents and all monies which may hove been or may hereafter be deposited with said Trustor by any lessee of the Pro- <br />perty, to secure the payment of any rent or damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to <br />deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant oc- <br />cupying said premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice. <br />8. CewlewaulMn. If title to any part of the Property shall be taken in condemnation proceedings, by right of eminent domain or similar action, <br />or shall be sold under threat of condemnotion, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall <br />apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess, if any, paid -to Trustor. If Trustor receives <br />any notice or other information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to beneficiary. <br />Beneficiary sholl be entitled, at its option, to commence, appear in and prosecute in its own name any such action or proceedings and shall be en- <br />titled to make any compromise or settlement in connection with any such action or proceedings. <br />9. None" No Exdesiee. Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligations secured <br />hereby and to exercise all rights and powers under this Deed of Trust or under any other agreement executed in connection herewith or any laws <br />now or hereafter in face, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be other- <br />wise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect <br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Beneficiary, it being ogreed that Beneficiary shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary in such order and manner as it may in its ab- <br />solute discretion determine. No remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of any other remedy herein <br />or by low provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br />existing at law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Beneficiary or to which it may be <br />otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient Beneficiary <br />and it may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking o deficiency judgment against <br />the Trustor to the extent such action is permitted by law. <br />10. Tfwufer of Piolimty; Aermg0 ea. If all or any pat of the property or any interest therein is sold, transferred or conveyed by Trustor <br />without Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the crea- <br />tion of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of low upon the death of a <br />joint tenant or (d) the grant of any leasehold interest of three yeas or less not containing an option to purchase, Beneficiary Tray, of <br />Beneficiary's option, declare oil the sums secured by this Deed of Trust to be immediately due and payable, or cause the Trustee to file a notice <br />of default. Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer or conveyance. Beneficiary and the person to <br />L whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that <br />the interest payable on the sums secured by this Deed of Trust shall be at such rote as Beneficiary shall request. <br />