Laserfiche WebLink
F <br />charges or to make any payments to any existing prior lien holders or beneficiaries, Beneficiary may procure such <br />insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become <br />additional indebtedness of Trustor secured by this Trust Deed. Such amounts shall be payable upon notice from <br />Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the rate <br />payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be <br />contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under <br />applicable law. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any expense or take any <br />action hereunder. <br />7• Assignment of Rents Beneficiary shall have the right, power and authority during the continuance of <br />this Trust Deed to collect the -_nts, issues and profits of the Property and of any personal property located thereon <br />with or without taking possession of the Property affected hereby, and Trustor hereby absolutely and uncondi- <br />tionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to the <br />Trustor's collection and retention of such rents, issues and profits as they accrue and become payable so long as <br />Trustor is not, at such time, in default with respect to payment of any indebtedness secured hereby, or in the <br />performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, <br />by agent, or by a receiver to be appointed by a court, without notice and without regard to the adequacy of any <br />security for the indebtedness hereby secured, (a) enter upon and take possession of the Property or any part thereof, <br />and in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, <br />and apply the same, less costs and expenses of operation and collection, including reasonable attorneys fees, upon <br />any indebtedness secured hereby, and in such order as Beneficiary may determine; (b► perform such acts of repair or <br />protection as may be necessary or proper to conserve the value of the Property; (c) lease the same or any part <br />thereof for such rental, term, and upon such conditions as its judgment may dictate or terminate or adjust the terms <br />and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any applica- <br />tion of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the <br />installment payments as provided in said promissory note or change the amount of such installments. The entering <br />upon and taking possession of the Property, the collection of such rents, issues and Profits, and the application <br />thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate any act done <br />pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of the obliga- <br />tions secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said <br />Trustor by any lessee of the Property, to secure the payment of any rent or damages, and upon default in the <br />performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. De- <br />livery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupying said premises <br />shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice. <br />8. Condemnation. If title to any part of the Property shall be taken in condemnation proceedings, by <br />right of eminent domain or similar action, or shall be sold under threat of condemnation, all awards, damages and <br />proceeds are hereby assigned and shall be paid to Beneficiary who shall apply such awards, damages and proceeds to <br />the sum secured by this Trust Deed, with the excess, if any, paid to Trustor. If Trustor receives any notice or other <br />information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to Beneficiary. <br />Beneficiary shall be entitled, at its option, to commence, appear in and prosecute in its own name any such action or <br />Proceedings and shall be entitled to make any compromise or settlement in connection with any such action or <br />proceedings. <br />9. Future Advances. Upon request of Trustor, Beneficiary at Beneficiary's option, prior to reconveyance of <br />the Property to Trustor may make future advances to Trustor. Such future advances, with interest thereon, shall <br />be secured by this Trust Deed when evidenced by Promissory notes stating that said notes are secured hereby. <br />10. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce pay- <br />ment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under <br />this Trust Deed or under any other agreement executed in connection herewith or any laws now or hereafter in <br />force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter <br />be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the accep- <br />tance of this Trust Deed nor its enforcement whether by court action or pursuant to the Power of sale or other <br />powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or <br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Bene- <br />ficiary, and each of them, shall be entitled to enforce this Trust Deed and any other security now or hereafter <br />held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any <br />other remedy herein or by law Provided or permitted, but each shall be cumulative and shall be in addition to every <br />other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy <br />Provided hereunder this Trust Deed to Trustee or Beneficiary or to which either of them may be otherwise entitled, <br />may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by <br />Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as <br />prahibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is per- <br />mitted by law, <br />11. Transfar of the Property, Assumption, If all a any Part of <br />Ltransferred or conveyed by Trustor without Beneficiary's prior written consler 1`'�rxcludmg (al'ihe creation eenrlsa lion <br />Of encumbrance subordinate to this Trust Deed, (b) the creation of a purchase mane ° <br />Y ,ecuroy interest for house. <br />hold appliances, (c) a transfer by devise, dascont or by operation of law upon the death of a joint tenant or (ll) the <br />grant of any leasehold intorast of three years or less not containing an option to purrhitse, Beneficiary maY, at <br />h <br />Beneficiary's option, declare all the sums secured by this Trust heed to be mvned arely rlhaand payable; Indy,vi, �{ <br />Rev 1184 <br />l "aqe 3 nr 6 <br />