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86-- 405248 tlarges or to ,naKs anv to any exesi!ng prtor :._n ho!ders or ar-; -^+av procure insurance ana mate such payment. Any amounts msbursed by Beneficiary pursuant to th;s Paracracn B shall cecc ^e additional indebtedness of Truster secured by this Trust Deed. Such amounts snail be pavabie upon notice from Beneficiary to Truster recuestira payment t!vere -^-f, 'nd zha!l at interest from me rate of r;scurserninnt at the rate payable from time to time on outstaWidpnncioai under the Note unless pavment of ;nterest at sucn rate vueuia c,e contrary to applicable law, in which event such amounts shall bear interest aI the highest rate oerm,ssible uncer applicable law. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any expense or take any action hereunder. 7. Assignment of Rents. Beneficiary shall have the right, power and authority during the continuance of this Trust Deed 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 Truster hereby absolutely and uncondi- tionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to the Truster's collection and retention of such rents, issues and profits as they accrue and become cavable so ion: as Truster 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, zither in person, by agent, or by a receiver to be appointed by a court, without notice and without regard to the adeduaty of anv security for the indebtedness hereby secured, (a) enter upon and take possession of the Property c r any part thereof, and in its own name sue for or otherwise collect such rents, issues and profits, including those past due a ^d _^odic, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys fees, coon any indebtedness secured hereby, and in such order as Beneficiary may determine; (b) perform such acts of recz :r o. protection as may be necessary or proper to conserve the value of the Property; (c) lease the same or any pzrt thereof for such rental, term, and upon such conditions as its judgment may dictate or terminate or adjust the terms and conditions of any existing lease or !eases. Unless Truster and Beneficiary agree otherwise in writing, any aoolica- tion of rents, issues or profits to any indebtedness seared 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 instalments- The enter -, c upon and taking possession of the Property, the collection of such rents, issues and profim and the appiicitcn thereof as aforesaid, shall not waive or care any default or notice of default hereunder, or invalidate any act done pursuant to such notice. Truster also assigns to Beneficiary, as further security for the performance of the ebii a- tions secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said Truster by any lessee of the Property, to secure the payment of any rent or damages, and upon default in tine performance of any of the provisions hereof, Truster agrees to deliver such rents and deposits -o Beneficiary. De livery of written notice of Beneficiary 's exercise of the rights granted herein, to any tenant occupying said premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice. 8- Condemnation. If title to any part of the Property shall be taken in condemnation preceedincs, by right of emineot.domain or similar action -or shall be sold under threat of condemnation, all a-tvards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shat! apply such P %vards, d-2 aces and proceeds to the sum secured by this Trust Deed, with the excess, if any, paid to Truster. If Truster receives any notice or over information regarding such actions or proceedings, Trustor shall dive prompt written notice thereof 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 any such action or proceedings. 9. Future Advances. Upon request of Truster, Beneficiary at Beneficiary's option, prior to reccnveyance of the Property to Trustor may make future advances to Truster_ Such future advances, with interest thereon, shall be secured by this Trust Deed when evidenced by promissory notes stating that said notes are secured :here y. i0. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce pay- ment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers uncer this Trust Deed or under any other agreement executed in connection hereavith or anv laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or here_ ^er be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or othewise- Nettner the accep- tance of this Trust Deed nor its enforcement whether by court action or pursuant to the power of sale or c-er powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and c_.,_ ficiary, and each of them, shall be entitled to enforce this Trust Deed and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of :item may in their absc €ute discr=ion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each snail be cumulative and shah be in addition to every other remedy given hereunder or now or hereafter existing ai :aw or in equity or by statute. 'Every power or remedy provided hereunder this Trust Deed to Trustee or Beneficiary or to which either 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 shall be constr4ed as prohibiting Beneficiary front seeking a deficiency judgment against the Trustor to the extent such action is per- mitted by law. 11. Transfer of the Prooeriv; Assumution. If all or any part of the property or any interest therein ei transferred or conveyed by Truster without Senenciary's prior written consent, excl.:d,nq la) Me creation of a en or encumbrance subordinate to this Trust Deed, (b) the creation of a purchase money recur,[,, :merest for 'la.-se hold appliances. (e) a transfer by devise, descent or by operation of law upon me Ceatn ul, a ;o rt tenant or ^.e. grant of any leasehold interest of three years or less not containing in option 'n ;.. ,.. ase, 7ere� .'ar; m.ay. at Beneficiary's apIton, oeci;ie all the sums ,ecured by ?h,; Trust [), !c,, ,,,r Rev 7:'84 P.i - -;,t 3 cif ti