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 />
|