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or <br />S. Additional Liam and Protection of Beneficiary's low". Trustor shall make all payments of Interest and prin IC pal 04A of any <br />other charges, tees and expenses contracted to be paid to any existing lienholders or prior beneficiaries under any prior deed of trust or mor- <br />tgage before the dale they are delinquent and promptly pay and discharge any and all other Ilens, claims or charges which may jeopardize the <br />security granted herein. It Trustor falls to make any such payment or falls to perform any of the covenants and agreements contained In this <br />Dead 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. <br />torset In the Property, Including, but not limited to, eminent domain proceedings, or proceedings Involving a decedent, or If Trustor falls to pay <br />TrueWs debts generally as they become due, than Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and <br />without releasing Trustor from any obligation hereunder, may make ouch appearances, disburse such sums, and take such action as Is <br />necessary to protect Beneficiary's Interest, Including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, con- <br />toot or compromise of any encumbrance, charge or Ilan, and entry upon the Property to make repairs. In the event that Trustor shall fail to <br />procure Insurance or to pay taxes, rosessments, or any other charges or to make any payments to existing prior Ilan holders or beneficiaries. <br />Beneficiary may procure such Insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall <br />become additional Indebtedness of Trustot secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to <br />Trustor requesting payment thereof, and shall bear Interest from the date of disbursement at the rate payable from time to time on outstanding <br />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. <br />tenet at the highest rate permissible under applicable law. Nothing contained In this Paragraph 6 shall require Beneficiary to Incur any expense <br />or take any action hereunder. <br />7. Aaalfaalaat of 1erds. Beneficiary shell have the right, power and authority during the continuance of this Good of Trust to collect the rents, <br />Issues and profile of the Property and of any personal property located thereon with or without taking possession of the property affected <br />hereby, end Trustor hereby absolutely and unconditionally assigns all such rents, Issues and profits to Beneficiary. Beneficiary, however, hereby <br />consents to the Trustees collection and retention of such rents, Issues and profits as they accrue and become payable so long as Trustor is not, <br />at such time, In default with respect to payment of any Indebtedness secured hereby, or In the performance of any agreement hereunder. Upon <br />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 <br />regard to the adequacy of any security for the Indebtedness hereby secured, (a) enter upon and take possession of the Property or any port <br />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, <br />lees coats and expenses of operation and collection, Including reasonable attorneys less, upon any Indebtedness secured hereby, and in such <br />order as Beneficiary may determine; (b) perform such We of repair or protection as may be necessary or proper to conserve the value of the <br />Property, (c) hose the same or any part thereof for such rental, term, and upon such conditions as its judgment may dictate or terminal* or ad. <br />just the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise In writing, any application of rents, <br />issue@ or profits to any Indebtedness iecured hereby shall not extend or postpone the due date of the Installment payments as provided in sold <br />promissory note or change the amount of such installments. The entering upon and taking possession of the Property, the collection of such <br />rents, Issues and profile, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate <br />any act done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of the obligations secured <br />hereby, all prepold rents and all monles which may have been or may hereafter be deposited with said Trustor by any lessee of the Property, to <br />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 <br />rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupying said <br />premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice. <br />S. Galore motion. If title to any part of the Property shall be taken In condemnation proceedings, by right of eminent domain or similar action, <br />or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall <br />apply such swards, damages and proceeds to the sum secured by this Deed of Trust, with the excess, If any, paid to Trustor. If Trustor receives <br />any notice or other Information regarding such actions or proceedings, Trustor shall glv* 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 proceedings and shall be <br />entitled to make any compromise or satllemenl In connection with any such action or proceedings. <br />9. Aelnadtao Not Eadlsslse. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any Indebted- <br />ness or obligations secured hereby and to exercise off rights and powers under this Deed of Trust or under any other agreement executed In con- <br />nection herewlth or any lows now or hereafter In force, not•withstanding some or all of the such Indebtedness and obligations secured hereby <br />may now or hereaNer be otherwise secured, whether by mortgage, dead of trust, pledge, lien, assignment or otherwise. Neither the acceptance <br />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 <br />proWice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereater held by Trustee or <br />6enofkfary, It being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security <br />now or hereafter held by Beneficiary or Trustee In such order and manner as they or either of them may In their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or Beneficiary Is Intended to be exclusive of any other remedy herein or by taw provided or <br />permitted, but each shall be cumulative and shall be In addition to every other remedy given hereunder or now or hereafter existing at law or in <br />equity or by statute. ivory power or remedy provided hereunder this Deed of Trust to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled, may be exercised, concurrently or Independently, from time to time and as often as may be deemed expedient by Trustee or <br />BeMflclary and either of Them may pursue Inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a <br />deficiency Judgment against the Trustor to the extent such action is permitted by law. <br />10. Tnaafor of ft PropwW, Assungthn. If all or any part of the property or any Interest therein is sold, transferred of conveyed by Trustor <br />without Beneficiary's prior written consent, excluding (a) the creation of a lien of encumbrance subordinate to this Deed of Trust, (b) the creation <br />of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint <br />tenons or (d) the grant of any lessehold Interest of three years or less not containing an option to purchase, Beneficiary may, at Beneficiary's op. <br />lion, doctor* all the sums secured by this Deed of Trust to be Immediately due and Davable. or cause the Trustee to file a notice of default. <br />Sonefielary shall have waived such option to accelerate If, prior to the sale, Transfer or conveyance, Beneficiary and the person to whom the <br />properly Is to be sold or transferred reach agreement In writing that the credit of such person Is satisfactory to Beneficiary and that the <br />Interest paysbhon the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. <br />11. AeswlaraBon upon Default; Romedlos; Sale. Upon default by Trustor in the payment of or performance of the terms and conditions of the <br />Note, or any renewals, modifications or extensions thereof, or the payment of any other indebtedness secured hereby or in the performance of <br />any of the covenants or agreements hereunder, Beneficiary may declare all sums secured hereby Immediately due and payable and the same <br />shell thereupon become due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to <br />Trustee a written declaration of default and demand for sale. Trustee shall have the power of sale of the Property and If Beneficiary decides the <br />Property is 10 be sold it shall deposit with Trustee this Deed of Trust end the Note or notes and any other documents *videncing expenditures <br />secured hereby, and shall deliver to Trustee a written notice of default and election to cause the Property to be sold, and Trustee, in turn, shall <br />proper@ a similar notice In the form required by law which shall be duly filed for record by Trustee. <br />in) After the taps* of such time as may be required by law following the recordation of Notice of Default, and Notice of Default and Notice of <br />Soh having been given as required by law, Trustee, without demand on Trustor, shall sell the Property in one or more parcels and in such order <br />as Trwtor may determine on the dale and at trio lime and place designated In said Nolic* of Sale, at public auction to the highest bidder, the <br />purchase price payable In cash in lawful money of the United Stales at the time of solo. The person conducting the sale may, for any cause he or <br />she items oxpedhnt, postpone the sale from time to time until It shall be completed and, In every such case, notice of postponement shall be <br />given by public declaration lh*reof by such person at the time and place last appointed for the sale; provided, If the sale Is postponed for longer <br />than one (1) day beyond the day designated In the Notice of Sale, notice thereof shall be given In the same manner as the original Notice of Sale. <br />Truetoe shall execute and deliver to the purchaser Its Dead conveying the Property so sold, but without any covenant or warranty, express, or <br />Implied. The recitals in the Dead of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, Including without <br />limitation, Benellelary or Trustee, may purchase at the sale. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the procoods of the sale to payment of the costs and expenses of <br />exorcising the power of sat* and of the sale, Including, without limitation, the payment of Trustee's Fees Incurred, which Trustee's Fees shalt not <br />In the eggregele exceed the following amounts based upon the amount secured hereby and remaining unpaid; 5 percentum on the balance <br />thereof; and then to the Items eft forth In subparagraph (c) heroof In the order therein stated. <br />R <br />R <br />a <br />