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$5-- 005456 E A♦dlllenai Llene any Protection of Beneficiary's Security. Trustor shall make all payments of interest and principal and payments of any other charges, lees and expenses contracted 10 be paid to any existing Ilenholders or prior beneficiaries under any prior deed of trust or mor- tgage before the date they are delinquent and promptly pay and discharge any and all other liens, claims or charges which may jeopardize the "curtly granted herein. If Trustor falls to make any such payment or fails to perform any of the covenants and agreements contained in this Deed 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. terest In the Property, Including, but not limited to, eminent domain proceedings, or proceedings involving a decedent. or If Trustor fails to pay Trustor's debts generally as they become due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and without releasing Truslor from any obligation hereunder, may make such appearances. disburse such sums, and take such action as is necessary to protect Beneficiary's Interest, including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, con- test or compromise of any encumbrance, charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall fall to procure Insurance Of to pay taxes, assessments, or any other charges or to make any payments to existing prior lien holders or beneficiaries. Beneficiary may procure such Insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become additional Indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear Interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of Interest at such rate would be contrary to applicable law, in which event such amounts shall beer in. terest at the highest rate permissible under applicable law. Nothing contained in this Paragraph 6 shall require Beneficiary to Incur any expense or take any action hereunder. 7. Aeeynmaltl of Mttls. Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust 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 Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to the Trustor's collection and retention of such rants, issues and profits as they accrue and become payable so long as Trustor 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, either In person, by agent, or by a receiver to be appointed by a court, without notice and without regard to the adequacy of any security for the Indebtedness hereby secured, (al enter upon and take possession of the Property or any part 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, less costs and expenses of operation and collection, Including reasonable attorneys tees, upon any Indebtedness secured horsily. and in such order as Beneficiary may determine; (b) perform such acts of repair or protection as may be necessary or proper to conserve lite value of the Property; (c) lease the same or any part thereof for such rental, term, and upon such conditions as its judgment may dictate or terminate or ad- just the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents. Issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the installment payments It . provided in said promissory note or change the amount of such Installments. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder. or invalidate any act done pursuant to such notice. Trustor also assigns to Beneficiary, as lu�ther security for the performance of the obligations secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said Trustor by any lessee of the Property, to 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 rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupy ng said premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice 6. Condemnation. if title to any part of the Properly shall be taken in condemnation ; — .9edings, by right of eminent domain or similar action. or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess. if any, paid to Trustor. If Trustor receives any notice or other information regarding such actions or proceedings, Trustor snail give 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 shalt be entlllad to make any compromise or settlement in connection with any such action or proceedings. g. IlamedlN Net Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebted - nass or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any other agreement executed in con- nection herewith Or any laws now or hereafter in force, not - withstanding some or all of trio such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust not Its enforcement whether by court action or pursuant to the power at sale or other 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 nereater held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security 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 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 shall be cumulative and snail be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy provided hereunder this Deed of Tfvst to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently of independently, from tone 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 construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law 10. Tranale► of the Property; Assumption. it all or any part of the property or any interest therein is sold, transferred or conveyed by Trustor without Beneficiary's prior written consent. excluding (a) the creation of a lien of encumorance subordinate to this Deed of Trust, (b) the creation of a purchase money security Interest for household appliances, (c) a transfer by devise, descent or by operation of law upon Iris death of a loint tenant or(d) the grant of any ieasehold interest of three years or lose not containing an option to purchase. Beneficiary may, at Beneficiary's o0- tion, declare all the sums secured by this Deed of Trust to be immediately due and uavable. or cause the Trustee to file a notice of default. Beneficiary shall have waived such option to accelerate if, prior 10 the sale. Transfer or conveyance, Beneficiary and the person to whom the property is to be sold or transferred reach agreement In writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request 11. Aciowlerallon upon Default; Remedies; Sale. Upon default by Trustor in the payment of or performance of the terms and conditions of the Note, or any renewals, modifications or extensions thereof. or the payment of any other indebtedness secured hereby or in the performance of any of the covenants of agreements hereunder, Beneficiary may declare all sums secured hereby immediately due and payable and file same shell thereupon become due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to Trust" a written declaration of default and demand for sale Trustee shall Have the power of sale of the Property and it Beneficiary decides the Property is to be sold 11 shall deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures 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 prepare a similar notice in the form required by law which shall be duly filed for record by Trustee. p) After the lap" of such time as may be required by law following trio recordation of Notice of Default. and Notice of Default and Notice of Sale having been given as required by law. Truatas, without demand on Truslor, shall sell the Properly in one of more parcels and in such order as Trustor may determine on the date and at the lime and place designated in saitl Notice of Sale, at public auction to the highest bidder, the purchase price payable in cash in lawful money of the United States at iris time of sale The person conducting file sale may, for any cause he of she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration thefedf by such person at the time and place isst appointed for the sale, provided, 11 the sale is postponed for longer 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 trustee snail execute and deliver 10 Iris purchaser its Deed conveying the Property so sold, but without any covenant or warranty. express, (it Implied. The recitals in the Deed of any matters of facts shall be conclusive proof of iris truthfumeas thereof Any person. including without frmitailon Beneficiary of Trusts*, may purchase at the safe. fb) Wharf Trustee Sells pursuant to the POWems herein, Trustee shall apply the proceeds of the sale to payment of the costs and expenses Of exercising the power of "is and of the Sato. inciuding, without limitation, the payment of Trustee's Fees incurred. Whicr, Trustee's Fees shall not In the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid 5 percenturn on In" halance thereof, and than to trio items 8e1 forth in subparagraph (c) hereof in the uidot therein slated elf pg aaa "t