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4. Remedies Not Exclusive. Trustee and Beneficiary. and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this geed of Trust or under any other agreement executed tin connection herewith or any laws now or hereafter in force, notwithstanding some or allot the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured. whether by mortgage, deed of host, 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 Trustees or Beneficiary 's right to realize upon or enforce any other securty now or hereafter held by Trustee or Beneficiary. it being agreed that Trustee and Beneficiary, and each of there, shah be entitled to enforce iris Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may n then absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of env other rrmeuy herein or by law provided or permitted, but each shah be cumulative and shall be in addition in every other remedy given hereunder or now or hereafter eslstiog at law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Trustee or Beneficiary or to which euber of them may be otherwise entitled, may be exercised. roncurrentiy or independently, from Time to time and as often as may be deemed expedient b•; Trustee or Beneficiary and either of them may pursue mcoasisteni remedies. Nothing herein shall be construed as prohibiting Benefi.aary from socking a deficiency judgment against the Trustor m the extent such action :s permitted bylaw. 86- 104093 without Benefi(-.ary s prior written consent excluding i,a) the creation of a hen or encumtnrar,ce subonhnaw to this Deed of Trust (b) the creation nit a 6 AdditianalI tens and Prorectlon or Renehcrary s Security . Trustor shall make ail pav?ents of interest and pnncipaland payments of any other charges, fees and expenses contracted to be paid to any existing hen holders or prier Denefic,anes ender any prior deed of crust or mortgage before B,, the date they are delinquent and promptly pay and discharge any and all other Liens. Balms or charges which may jeopardize the security granted herein. If Trustor fads to make any such payment or fails to perform any of the covenants and agreements contained in this Deed of Trust. or in any prior mortgage or deed of trust, or it any action or proceeding is commenced which materially after:;:; Beneficiary -s interest in the Property. including. but not limited to, eminent domain proceedings -. or proceedings involving a decedent. or it Trustor faits to pay Trustor'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 Beneficiary 's interest, including, but not limited to, disbursement of reasonable attorney's fees. payment. purchase, contest or compromise of any encumbrance, charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall fad to procure insurance or to pay taxes, assessments, or any other - charges or to make any payments to any existing prior lien holders or beneficiaries, Beneficiary may procure such insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph A.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 payment 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 law. Nothing contained in this '. • Paragraph A.6 shall require Beneficiary to incur any expense or take any action hereunder B. IT IS MUTUALLY AGREED THAT 1. Assignment o /Rents. Beneficiary shall have the right. power and authority Bum -y 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 raking possession of the property affected hereby, and ` Trustor hereby absolutely and unconditionally assigns at! such rents, issues and profits to Beneficiary. Benefiriary, however, hereby consents to the Trustor'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 a receiver to be appointed by a court. without notice and without regard to the adequacy of any security for the indebtedness hereby secured. jai enter upon and take possession of the Property or any part 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. less costs and expenses of operation and collection, including reasonable attorneys tees, 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 same or any part thereof for such rental, term, and upon, such conditions as its judgment may dictate or terminate, or adjust the terms and conditions of existing leases. Unless Trustor '. and Beneficiary thereof 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 orchange the amount of such installments. The entering upon ; i and taking possession of the Property, the collection of such rents. issues and profits, and the application thereof as aforesaid. shall not wave or cure any default or notice of default hereunder or Invalidate 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 have been or may hereafter be deposited with said Trustor by any !essee of the Property, to secure the payment of any rent or damages. or upon default m the performance of any of the provisions hereof. Trustor agrees to deliver such rents and deposits to Beneficiary . Delivery of written notice r,f Beneficiary s exercise of the rights granted herein. to any tenant occupying said premises shall be sufficient to require said tenant to pay rent to the Beneficiary until further notice. 2. Condemnation. 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 condemnation. ail 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 othennformatton regarding such actions or proceedings. Trustor shall give prompt written notice thereof to Beneficiary . Beneficiary shall be entitled, at its option. to commence. appear in and prosecute r-: Is own name any such action or oroceedings and shall be entitled to make any compromise or - but settlement in connection with any such action or proceedings, 3. Future Advances. Upon request of Trustor. Beneficiary at Beneficiary option prior to reconvevance of the Property to Trustor, may make fi future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust Deed when evidenced by promissory notes `E . stating that said notes are secured hereby; provided that at no time shall the secured principal, future advances. not including sums advanced to , protect the security, exceed Two Hundred percent (200%) of the original principal amounts secured hereoy. 4. Remedies Not Exclusive. Trustee and Beneficiary. and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this geed of Trust or under any other agreement executed tin connection herewith or any laws now or hereafter in force, notwithstanding some or allot the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured. whether by mortgage, deed of host, 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 Trustees or Beneficiary 's right to realize upon or enforce any other securty now or hereafter held by Trustee or Beneficiary. it being agreed that Trustee and Beneficiary, and each of there, shah be entitled to enforce iris Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may n then absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of env other rrmeuy herein or by law provided or permitted, but each shah be cumulative and shall be in addition in every other remedy given hereunder or now or hereafter eslstiog at law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Trustee or Beneficiary or to which euber of them may be otherwise entitled, may be exercised. roncurrentiy or independently, from Time to time and as often as may be deemed expedient b•; Trustee or Beneficiary and either of them may pursue mcoasisteni remedies. Nothing herein shall be construed as prohibiting Benefi.aary from socking a deficiency judgment against the Trustor m the extent such action :s permitted bylaw. 5. Transterof tfre Property. Assumption If all or any part of the property or interest therein is sold transferred or otherwise conveyed by Trustor without Benefi(-.ary s prior written consent excluding i,a) the creation of a hen or encumtnrar,ce subonhnaw to this Deed of Trust (b) the creation nit a purchase monev secunly interest for household apphani,es, Ica a transfer bN devise, descent or by opetalu- of jaw upon the death of a joint tenant or (di ibe grant rj! any leasehold merest of three Years or less not contammy an opt on to purchase. such :,ion .s a breach of this agreement, and - Renefto ,, rnay. .t Benehciany s iphoo, declare all the sums secured by this Deed of Trust to oe —medtan ly due and payable, or cause the trustee to file a Ponce of defaull Benehclary shall have waived such option to accelerate If prior to the sale transfe, or conveyance. Beneficiary and the person to whnn, the property is t;, be soin, or transferred reach agreement m writing that the rleclit of s .. p.ors;rn. �s satistactory to Beneficiary and that the Irdete St payable or the sums secured by '•his Deed of Trust shall be it such rate as BenPh pry tali redlue,t 6. Acceleration upon Default, Remedies, Sale The failure by the Trustor to make any payment or to perfoirn any of the terms and conditions of the Note. or any renewals. modifications or exiensions thereof, or the payment of any other Indebtedness secured hereby or in the performance of any of the covenants or agreements hereunder shall be a breach of this agreement and the Beneficiary may declare a default and may declare at; sums sec gyred hereby mraedfiately due and payable and the same shall thereupon hecorne due and pan ab e —Ihd t ptesanhneni demand protest or nnt.re of any kind- Tnereaher. Benehd, err rnav de:rver to Trustee. a written de last r_, of default anti :iemnndi for at_ T •Alto agrees and hereby yranTS Thai the Trustee sr,o! trave the powe: of sale oI the Property and I B— cf,c-ary d_ - 5. s t Pr ,pelt, t— s -,� i _ . ,ail de o x, "Th r..,t � ins D"r, w Tnist and the Note or notes and any ,the, documents evidencing expendnures 3ccure t h-ob, -_nit sha;i o, .r t to T •ustee a yr tt ..robe:• of delau.t , r and eecUOn to ,austt the Property t o be soid and i_•ustee P' •um shall Pre page a t �.ia� r' ,' _ r if "! tit' _7 ; P. t P, ''. a'.v wh y P shad t- h,•y tiled for ec I by Trustee s 5 i_._ l i f 6, .f •v t - ;.Ile• r 1 pse... i e.. .r, r v d. ,, .. ._ i.. ..r ✓� ,tic,. Sale h �. y✓ y � ,}� � 1 L a,ti. T astee � on a�, � i �,) e s a .late lino it,,, • .nP a!"! n_' :fe 'dY.. _ ... s a .. iV�.t �. .ale r�U = .... r �. the h.q t,_ill r l' p:', :Y: s., l!", e Ilayibje n.oney f, _ :tit P. . \ i.e1 a' th, .. t . hr }! 5., '. i) id . Slit 'tit `