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<br />a.14...- 006396
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<br />(i) to pursue such other remedies as American may
<br />have under applicable law.
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<br />The proceeds of any foreclosure sala shall first be applied
<br />to reimburse American for (1) the costs and expenses of foreclosure
<br />and (2) attorneys 'fees in the amount of 5% of the ,then unpaid
<br />indebtedness if foreclosure is made through the Trustee, ar, if fore-
<br />closure is made through the courts, such additional fees as may be
<br />directed by an appropriate court. The balance of the proceeds shall
<br />be paid first to A."nerican to pay the OblIgation, and the surplus,> if
<br />anv, shall be paid to the owner of the Property on the dateof\:h_
<br />foreclosure sale. In the event of foreclosure and duringtha red~
<br />tion period, im:::rest at the default rate set forth in the Note sha[l
<br />be payable on all sums due under the foreclosure proceeding.
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<br />If this Deed o.f Trust is foreclosed either through<t~e
<br />Trustee or through the courts, !werican may add to the Obligatie>n
<br />outstanding at the time of such :orecl.osure an amount equal .to>t:htt
<br />prepayment premium, if any, that would be payable if the Obligation
<br />were prepaid at the time of the foreclosure sale.
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<br />12. As further and .:ldditional securitv for the oavment of
<br />the Obligation secured by this Deed of Trust, GraIll:or assigns: trans...
<br />fe::'5, and sets O'ler unto American tha rents, profits, royalties and
<br />income derived from the Property and the buildinqs andimorov
<br />on the Property wit~ the same forc~ and effect as if this assignm~~t
<br />.were made in a separate insr:rument. This assian;nent is absolute and
<br />,-,:1CO:1di::iOl:<ll '2:~ce.p:: that so lone: as no defaultJshall e::ist under the
<br />Obligar:ion or thi:i Deed or rl'rUS't, Grill11:0r shall have the right .to
<br />collect, receive, and ret:!in (upon accrual) all such rents, profits.
<br />royal ties and inccm~. Upon any default umier the O~ligation or this
<br />Deed of Trust, ~~erican shall have full and complete authority and
<br />right to demand, collect, receive, and receipt for such rents,
<br />income, profits, and royaltio:?s to take possession of the Property
<br />without having a receh'er appointed for such purpose, to rent and
<br />manage the same frem time to time, and apply the net proceeds of such
<br />rents, income, royalties and proiits upon the Obligation until all
<br />delinquencies, advances, and the Obligaticn are paid in full or until
<br />title to the Property is obtained by A~erican through foreclosure or
<br />~cherwise. On refusal of Gran~or to deliver possession, such right
<br />to delivery and use, enjoyment, rents, issues, royalties and profits
<br />may be enforced by Arneric.:ln or the holder of the certificate of pur-
<br />~hase by any appropriate civil suit or proceeding, and American or
<br />the holder of such certificate of purchase shall be entitled as a
<br />matter of right to a receiver for the Property, without regard to the
<br />solvency or insolvency of Grantor or of the then owner of the
<br />Property and without regard to the value of the 'Property, and such
<br />receiver may be appolnted by any court of competent jurlsdiction upon
<br />ex parte application and witnout notlce, notice being hereby
<br />expressly waived, and all rcnts, issues, profits, income, royalties
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