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200906910 <br />before the date they are delinquent and to pay any other claim which jeopardizes the security <br />granted herein. <br />7. Protection of Beneficiary's Security. Should Trustor or Borrower fail to make any <br />payment, fail to do any act as herein provided, or if any action or proceeding is commenced <br />which materially affects Beneficiary's interest in the Property, including, but not limited to, <br />eminent domain, insolvency, arrangements or proceedings involving a bankrupt or decedent, <br />then Beneficiary or Trustee but without obligation to do so, and without notice to or demand <br />upon Trustor, and without releasing Trustor from any obligation hereunder, may make or do the <br />same, and may pay, purchase, contest or compromise any encumbrance, charge or lien, which in <br />the judgment of either appears to affect said Property; in exercising any such powers the <br />Beneficiary or Trustee may incur any liability and expend whatever amounts, including <br />disbursements or reasonable attorney's fees, which in their absolute discretion, maybe necessary <br />in. the event that Trustor shall fail to procure insurance or to pay taxes, and special assessments or <br />to make any payments to existing or prior lien holders or beneficiaries, the Beneficiary may <br />procure such insurance and make such payments. All sums incurred or expended by Beneficiary <br />or Trustee in accordance with the provisions of this Trust Deed are secured hereby and, without <br />demand, shall be immediately due and payable by Trustor and shall bear interest at the maximum <br />allowable legal rate; provided, however, that at the option of Beneficiary or Trustee such sums <br />may be added to the principal balance of any indebtedness secured hereby and shall bear the <br />same interest as such indebtedness and shall be payable ratably over the remaining term thereof. <br />8. Assignment of Rents. Beneficiary shall have the right, power and authority during <br />the continuance of this Trust Deed to collect the rents, issues and profits of the Property and of <br />any personal property located thereon with or without taking possession of the property affected <br />hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and <br />profits to Beneficiary. Beneficiary, however, hereby consents to the Trustor's collection and <br />retention of such rents, issues and profits as they accrue and become payable so long as <br />Borrower is not, at such times, in default with respect to payment of any indebtedness secured <br />hereby or Trustor is in default in the performance of any provision or agreement hereunder. <br />Upon any such default, Beneficiary may at any time, and in addition to any separate agreement <br />entitled to "Assignment of Leases and Rents" executed on even date herewith, Beneficiary may <br />by agent, or by a receiver to be appointed by a court, without notice and without regard to the <br />adequacy of any security for the indebtedness hereby secured, (a) enter upon and take possession <br />of the Property or any part thereof, and in its own name sue for or otherwise collect such rents, <br />issues and profits, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection, including reasonable attorney fees, upon any indebtedness <br />secured hereby, and in such order as Beneficiary may determine; (b) perform such acts of repair <br />or protection as may be necessary or proper to conserve the value of the Property; (c) lease the <br />same or any part thereof for such rental, terms, and upon such conditions as its judgment may <br />dictate. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, <br />issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of <br />the installment payments as provided in said promissory note or change the amount of such <br />installments. The entering upon and taking possession of the Froperty, the collection of such <br />rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any <br />default or notice of default hereunder, or invalidate any act done pursuant to such notice. Trustor <br />3 <br />