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_8.189 5. Toll, Aeeeeewwft, mW C1 g . Trustor shall payoff taxes, assessments and other charges, including, without limitation, fines and im- positions anrbutable to the ftperty, and leasehold payments or ground rows, if any, before the some become delinquent. Trustor slnpN promp- tly furnish to Beneficiary oN notices of amounts due under this paragraph, and in the event Trustor shall make payment directly, Trustor shall prant'fdy fiwnish to Beneficiary receipts evidencing such payments. Trustor shall pay oN taxes and assessments which may be levied upon 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 pat thereof upon the Beneficiary. 6. Add Mid Neared Pr000 ten of 8=111 ft, Somlly. Trusts shall make all payments of interest and principal and payments of any 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- tgoge before the date they are delinquent and promptly pay and discharge any and all other liens, claims or charges which may jeopardize the security granted herein. If Trustor fads to make any such payment or foils to perform any of the covenants and agreements contained in this 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- terest in the Property, including, but not limited to, eminent domain proceedings, or proceedings involving a decendent, or if Trustor fails to pay Trustar's debts generally as they become due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereunder, may make such appearances, disburse such sums, and take such action as is necessary to protect Benefickxy's interest including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, contest or com- 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- suroce or to pay taxes, assessments, or any other charges or to make any payments to existing prior lien holders or beneficiaries, Beneficiary may procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting pay - went thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the 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 rate permissible under applicable low. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any expense or take any action hereunder. 1. AssilmmW of Beats. Benef #iory shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected hereby, and Trusto hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby 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, at such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement hereunder. Upon 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 regard to the adequacy of any security for the indebtedness hereby secured, (a) enter upon and take possession of the Property or any part 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, less costs and expenses of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such 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 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- just the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the installment payments as provided in said promissory note or change the amount of such installments. The entering upon 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 any default or notice of default hereunder, or in- validate any act done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of the obligations 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- 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 deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant oc- cupying said premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice. 8. CewlewaulMn. If title to any part of the Property shall be taken in condemnation proceedings, by right of eminent domain or similar action, or shall be sold under threat of condemnotion, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall 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 any notice or other information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to beneficiary. 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- titled to make any compromise or settlement in connection with any such action or proceedings. 9. None" No Exdesiee. Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligations secured 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 now or hereafter in face, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be other- wise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Beneficiary's right to realize upon or enforce any other security now or hereafter held by Beneficiary, it being ogreed that Beneficiary shall be 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- solute discretion determine. No remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of any other remedy herein 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 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 otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient Beneficiary and it may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking o deficiency judgment against the Trustor to the extent such action is permitted by law. 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 without Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the crea- 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 joint tenant or (d) the grant of any leasehold interest of three yeas or less not containing an option to purchase, Beneficiary Tray, of 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 of default. Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer or conveyance. Beneficiary and the person to 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 the interest payable on the sums secured by this Deed of Trust shall be at such rote as Beneficiary shall request.