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t 6- 105027 6 Additional Lion: and Protection of SeneflciarVit Security. Truster shall make att payments of interest and principai and payments of any "that charges, fees and expenses contracted to be paid to any existing ilenholders or prior beneficiaries under any prior deed of trust or mor t: tpage before the date thev are delinquent find prpmpity pay and dis ^_herge any antl a!€ other '3e ^s.. c :axis c,,- " %a /g£s which may jeopardize tyre security granter# heteim If Trustor fails 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 if any action or proceeding Is commenced which materially affects Beneficiary's in- n latest in the Property, including, but not limited to, eminent domain proceedings. or proceedings involving a decedent, OF if Trustor faits to pay F Trustoe's debts generally as they become due, then Beneficiary, at Beneficlary's option and without notice to OF 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 iimited to, disbursement of reasonable attorney's fees, payment, purchase, corn- test or compromise of any encumbrance, charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall fail to procure insurance 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 shalt become additional indebtedness of Trustor secured by this Deed of Trust. Such amounts shalt 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 otrtstandfng - - principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear in- terest at the highest Tate permissible under applicable Jew. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any expense or take any action hereunder. - - 7. AMlynmant of Rent". Beneficiary 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 praper±y affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however- hereby consents to the Trustor's collection and retention of such rents, issues and profits as they accrue and become payable so tong as Trustor is Flat, 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 orotherwise 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 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 same or any part thereof for such rental, term, and upon such conditions as its judgment may dictate or terminate or ail- 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 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 mfav hereafter be deposited with said Trustor cy any lessee of the Property, 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 tc Benefi ;arv- Delivery of written notice of Beneficiary s exercise of the rights granted herein„ to any tenant occapy - -nd said . premises shall be sufficient to require said levant to pay said rent to the Beneficiary until further notice - - - - 8. Candalnnatioa. It title to any part of the Properly shall betaken in condemnatioor, proceedings, try right of emrnerll domain or similar action;._ or shalt be SOIL under threat of condemnation. all awards. damages and proceeds are hereby assigned and snail be Paid to Beneficiary who shall apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess. it any, paid to T rustor. If Trustor receives . any notice or other information regarding such actions or proceedings. Trustor shall give prompt written notice ttxereof to Beneficiary, - Beneficiary shall be entitled, at its 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 settlement in connection with am such 8etion or proceedings. 9. RO nedba Not Exrivafne. Trustee and Beneficiary, and each of them. shall be entitled to enforce payment and performance of any mdebred- nes9 of obligations secured hereby and to exercise ail rights and powers under this Dead of Trust or under any other agreement executed in con- . notion herewith or any laws now or hereafter in force. not - withstanding some or all of the such indebtedness and otxgattarts secured hereby _ - incy now or hereafter be otherwise secured- whetfter by mortgage, dead of trust pledge, lien, assignment or otherwise. Neither the acceptance - of this Deed of Trust nor its entorcernent whether by court actton or pursuarn to the power of sale or other powers nereln contained, shah Prejudice or in any manner affect Trustee's or Beneficiarys "Of !a realize upon or aniforce any other security now of hereafer held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shalt be entitled to enforce this Deed of Trust and any other security- . now or hereatter held by Beneficiary or Trustee in such order and mannar as They or ettharof them may in their absolute discretion derterrnine- No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive, of any other remedy.herean or by law pxtavlGed or - - - permitted, but each shall be cumulative and shall be in addition 10 every other remedy given hereunder or now or hereatter existing at law or m _ - - e0uily or by statute. Every poet or remedy provided.hereunder this Deed of Trust to Trustee or Beneficiary or to which arly'feir- of them may be otherwise entitled, may be exercised. concurrently.or independently, from, time to time and as often as may be deemed expedient by Trustee or - Beneficiary and either of them may pursue 'inconsistent remedies. Nothing herein sha €i be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by Taw. Tranater of the Proportr, Assumption. if ail or any part of The property or any interest therein is sots, transferred or caimveyed by Trustor without Beneficiary 's prior written consent, exciuding gal the creation of a lion Of encumbrance subordinate to this Demos of Trust lbl the craaton of a purchase money security interest for household appliances, ici a transfer by devise, descant of by operation of law, upon the death of a form - ,erlanl or (d) the grant of any isasehold interest . "t three years or less not containing an option to purchase, Beneficiary may, at Beneficiary's op- : lion. declare ail the sums secured by Ih15 Deeo of Trust to tie rmme'U'Wen due and pavata €e of cause fine Trustee to file a nonce of default Beneficiary shall have waived such option to accelerate if. prior to the safe. Transfer or conveyance, Beneficiary and the person to whom trig Property is to be soil or transferred reach agreement �n wr'Iing that the crediT of such person is satisfactory 10 Beidbiciary and r, W ttfa interest payable on the sums secured by this Deed of Trust shall be at suet rate as Bersettc *any shah request, 't AcgrNrathm upon Default, Remwdlq; Sale. Upon default by Trustor in the payment of or performance of the terms and zoodirtons of the Note. Dr any renewals, modifications or exten=sions ihereo'f, or the payment of any other indebtedness Secured htereby or in the pertorrr'.:ance of any o' the covenants or agreements hereunder. Beneficiary may declare at+ sums secured hereby immediately due and payable and ilia same shaft earaU written Declae due f d payable wily prasentrnant, aernand, protest or notice of any fund. Thereafter- Beneficiary "nay de3fve.r to Trustee a wrrtl9n declaration of Oefau "rt and demand for sale Trustee snail have ttie power of sale of the Property and if Beneficiary da:ioes the Property is to be soil it snail deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencnig expenoawes secured hereby, and shall deliver to Trustee a written notice of default and election to cause The Properly to be sold, and Trustee, in turn. shah . prepare a similar notice in the form required by law wnicn shall be ouiy filed for record by Trustee. - is) After the lapse of such :,rne as ray be required by is* following the racordaito= of Nafice of Default. and Nets a of Default anc t- loTice of Saie having been ;liven as required Dy taw, Trustee, without demand on Trustor, shall sell Ine Property in one or more parceis anc in such order as Tiuslor may Determine or. The date and a'. Vie time and place designates 11 Sam Notice of Sale, at put), rc auct"on tp Ine t...grieest Diode*, fine purchase price payable in cash �n iawfw money �f the Untied States at Ine v a of sate- The person conducting the sale may, tar any cause he or she deems expedient, postpone me sa +e from time to lime nt.i it snai: ire compietae and, in every such case notice of lxas• :pprtarrcenE snail be given ay piratic oeciarafron ?hereof by such parson at sue s and pace aS1 appointed fa the safe. provided. if The sale is posiponec for €onger Shan. one fill day beyond The day designated in the fvottce of Sale., notice thereof snati oe given in tine same manner as the origin": Notice cf Saie Trustee shaft execute and oeitver to the purchases its ;"cnvey:,.p, =tie PrOper°ly so sold, but without any covenant or warranty express, or broued The recitals in line Deed of any miners of facts Shall � „�,« � � v' ;t-„= t`s ;h`ulr ss t+sereol Any .e. -sue, . -^ '~iJO ;ng wt•nuv: firF+italion Beneficiary or ?rusted. may purchase at the sale ibj When 1 rustee sells purs"ni to the powers harein, 'Tusfee sna ;; apply `tie proceeds or -,ire sale to payment of the ccri -s ars= exi:+f3.1.ses c.c ;xeFcising I" power of sale and of trie sale, mciuoing, w+ithoul limilaticin. tine payment of Trustees Fees incurred, w'.iicit Trustee s I=eeB Shall r,,,! In the aggregate exceed the following amounts based upon The, amount, secured hereby and remaining unpaid. 5 perce^.rum oi? the ba ;.anc ;0 tt "OOf and :hen t0 the rlam-S set forth in suoparagraph ic) hereof in the order fnefew stated 1