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$5- 004457 <br />6 Ad/Illanat Llms she Prelaallon of BaneflotoWs Security Trustor shall make all payments of Interest and principal and payments of any <br />fees expenses contracted to be paid to any, existing Ilenhol lers or prior beneficiaries under any prior deed of trust or mor- <br />other charges, and <br />tpoge before the date they are delinquent and promptly pay and discharge A:hy and all other liens, claims or charges which may jeopardize the <br />to any of the covenants and agreements contained in this <br />aaCYrtly granted herein. It Trustor tails to make any such payment «falls perform <br />Dead of Trust, or in any prior mortgage or if T ustorftis o pay <br />proceedings Inv lving a decadent, or <br />tent M the Including, but t limited to!reminntfdomain proceedings, or <br />Trustee's debts generally as they become due, then Beneficiary, at Beneflolary's option and without notice to or demand upon coon and <br />disburse such sums, and take such action ss Is <br />without telaasMp Tut« from any obligation hereunder, may make such appearances, <br />risasaearY to protect Beneficiary's Intof"t, Including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, con- <br />to repairs. In the went that Trustor shall fail to <br />last or compro nlw of any encurnbMitoo, charge or Ilan, and entry upon the Property make <br />procure )nonce or to pay taxes, assawments, or any other charges or to make any payments to existing prior lien holders or beneficiaries. <br />may such Insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 snail <br />Beneficiary to <br />Senefice" procure <br />'DeoonN additional Indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice, from <br />from the date of disbursement at the rate payable from time to time on outstanding <br />Trustor requesting payment thereof, and shall bear Interest <br />prtnolpal under the Note unless payment of interest at such rate would be contrary to applicable law, In which event such amounts shell beer In- <br />forest 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. Aaaiitlltarll of lteate• Beneficiary shall have the right, power and authority during the continuants of this Deed of Trust to collect the rents, <br />located thereon with or without taking possession of the property affected <br />,sense and profits of the Property and of any personal property <br />Trustor <br />Tust�t hereby absolutely and <br />mention offsuclh rents, Issues and profits as heynaccrueltand becomeipayable n long as Trustor is not <br />Upon <br />consents <br />at such dente, In default with respect to payment of any Indebtedness secured hereby, or in the performance of any agreement hereunder. <br />by a receiver to be appointed by a court, without notice and without <br />any such default, Banalicjery may at any time, either In person, by agent, or <br />regard to the adequacy of any security for the Indebtedness hereby secured, (a) enter upon and take possession of the Property or any part <br />issues and Including those past due and unpaid, and apply the same, <br />Merad, and In its own name, sue for or otherwise collect such rents, profits, <br />lass costs and expanses of operation and collection, Including reasonable attorneys foes, upon any Indebtedness secured hereby such <br />may be necessary «proper to M value of the <br />order es Beneficiary may determine: (b) perform such site of repair or protection as <br />Property; (e) Nose the same or sny part thereof for such rental, term, and upon such conditions as its judgment may �dict to of terminate «ad• <br />Trustor and Beneficiary agree otherwise in writs an application of rents. <br />jut the terms and conditions of any-existing Vase or looses. Unless <br />Issues or proflts to any Indebtedness secured hereby shall not extend or postpone the due data of the Installment payments as provided In said <br />taking possession of the Property, the collection of such <br />proMSeory note or change the amount of such Installments. The entering upon and <br />rents. Issues and profits, and the application thereol as aforesaid, shall not waive or cure any default or not" of default hereunder, or invalidate <br />for the of the obNgatlons secured <br />any act don* pursuant to such notice. Trustor also assigns to Beneficiary, as further security partormanCa <br />• rents and all monles which may have boon or may hereafter be deposited with said Trustor by any lessee of the Property, to <br />deliver <br />hereby, all p apaid such <br />secue the payment of any rent or damages, and upon default In the performance of any of the provision hereof. Trustor agrees to <br />Beneficiary. ve notice of Beneficiary's exercise rights s granted heroin, to any tenant occupying said <br />rents and Md�sbe t sufficient o require y tenant to the Bneti ary unto flan <br />6. Gndssl e&6m if title to any port of the Property shall be taken In condemnation proceedings, by right of eminent domain or similar action, <br />be coed under threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall <br />Trustor <br />or shall reCelvss <br />apply such awards, damages end proceeds to the sum secured by this Dsed of Trust, with the excess, it any. paid to Trustor. If <br />Trustor shell give prompt written notice titereof to Beneficiary. <br />arty notice «other Information regerding such actions or procsedings, <br />Bariatbiary Mil be antitNd, at Its option, to commence, appoor In prod proaecuts in its own name any such action or proceedings and shall be <br />ntltNd to make am compromise or ettlement in connecllon with any such action «proceedings. <br />9. IlsitiaNN Ilsl LaeNisise Trustee prod 8ana11clary, and each of them, shell be entitled to enforce payment and performance of any Indebted- <br />in <br />Deed of Trust or under any other agreement executed con - <br />some «all of the such Indebtedness and obligations secured hereby <br />riecllon lisrewlth o any Nwe now or hereafter In IorCS, not•wlthatending <br />nNy now «hsrasfter be oherwles sscurW, whether by mortgage, dead of trust, pledge. Ilan, assignment or otherwise. Neither the acceptance <br />to the of silo or other ptnrers heroin contained, shall <br />Of fleas Deed of Tut n« Its en} «cement whether by court action or pursuant power <br />prejudice or In any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or her alar held by Trustee or <br />that Trust" and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security <br />y <br />Beneficiary, It being spread <br />now or ry hereafter hold by seneflei or Trust" In such order and manner to they «either of them may In their absolute discretion determine. No <br />to Trustee or Beneficiary Is Intended to be exclusive of any other remedy herein or by law provided or <br />` <br />remedy herNn conferred upon or resented <br />but stele shell be cumuolai�y provided thereunder tt this Deed other ruasta oyTrust a hereunder or Beneficiary or to which either either Orf them may be <br />aqulty«bY itute. Every power <br />equity r <br />otherwise en1ltNd, may be exercised, concurrently or Independently, from time to lime and as often as may be doomed expedient by Trustee or <br />Beneficiary and either of pursue remedies. herein hall be construed as prohibiting Saneliciary, from seeking a <br />deficiency judgment against he T the extent such a permitted <br />erg. TMMOW of Via Property AseeroplNn. If all or any part of the property or any interest therein is sold, transferred or conveyed by Trustor <br />to this Deed of Trust, (b) the creation <br />without Benefklsry's prior written Cnsent, excluding (a) the creation of ■ Ilan of encumbrance subordinate <br />of a pure"" money security Interest for household appliances, (c) a transfer by deviss, descent or by operation of taw upon the death of a joint <br />less containing an option to purchase, Beneficiary may, at Beneficiary's op- <br />tenant or (d) the grant of any teasehold Interest of three years or not <br />tion, declare all the sums secured by this Deed of Trust to be Immediately due and payable. or cause the Trustee to file a notice of default. <br />to prior sale, Beneficiary whom the <br />itransferred <br />otit� rely Is to to be sold or reach agreementein rng that creditsof such person is satisfactory to Beneficiary and the <br />interest payable on the sums secured by this Deed of Trust shall be of such rate as Beneficiary shall request. <br />11, ASOMWOM ups Delatttb %am& lest Bete. Upon default by Trustor in the payment of or performance of the terms and conditions of the <br />I <br />or the <br />lare ill sums secured hr�irteby Immediately e du Band of In the payable and thessame <br />of M yoovanants « modifications of extensions <br />hersuM%f, SaWiclorryy may dec to <br />any <br />shah lftsreupon beCOltla due and payable without prasanlmnt, demand, Protool Of notice of any kind. Thereafter. Beneficiary may deliver <br />Totes daClerallofl o} default and demand f« sale. Trustee shall haw the power of sale of the Property and It Beneficiary decides the <br />• wrttln <br />►ropsAy is to be sold lt shalt deposit with Trustee Ihle Good of Trust and the Nota of notes and any other documents evidencing expenditures <br />sscwed hereby, slid Mall dollver to Truth ■written notice of default and akiCtin to cause the Property to be said. and Trustee, In turn, shall <br />prspere s simper notice M Ihe form required by law which snail be duly tiled f« record by Trustee. <br />Isw following the recordation of Notice of Default, and Notice of Default and Notice of <br />(a►After the lapse of such time as maybe required by <br />8aN hevkp ban glen as required by Nw, Fruatoo, without demand on Trustor, shall sell the Property In one or more parcels and In such order <br />the time and designated In saki Notice of Salo, at public auction to the highest bidder, the <br />as Trustor may defWmlM n the data and at place <br />purchase prig payable In cash in lawful money of the United States at the time of sale. The person conducting Ina sale may, for any cause he or <br />time 11 shall be completed and, In every such case, notice of postponement shalt be <br />site deems expedient, postpone the seas from time to until <br />given by public declaration thereof by such person at the time and place last appointed for the sale: provided, If the oats Is postponed for longer <br />SON, thereof shalt be given In the some manner as the original Notice of Sal#. <br />then one (1) day beyond the day designated in the Notice of notice <br />That" Mall execute and deilyar to the purchaser Its Deed conveying the Property so sold, but without any covenant or warranty, express, or <br />be proof of the truthfulness thereof. Any person, including without <br />Mtpgsd. The recitals M the Dead of any matters or facts shall conclusive <br />limitation Benaflclary or Trusts*, may purchase at the sale. <br />ib) When Trustee soles pursuant to the powers heroin, Trusts* shall a ply the proceeds of Ihe sale to payment of Ihe costs and expenses of <br />Trustee's Foes incurred, which Trustee's Foos shall not <br />hest <br />exeroiaing the power of seas end of the sate, Including, payment of <br />M the toompte NOW the following amounts based upon the amount secured hereby and remaining unpaid: 6 psreenlum on the balance <br />thereof; 04 than to the items so forth In subparagraph (c) hereof In the order therein stated. <br />