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-4- _ 8V~:: ~~iJ~~4 <br />hereby consents to the Trustor's collectior, and retention of such <br />rents, issues and profits as they accrue and become payable so <br />long as Trustar is not, at such times, in default with respect to <br />pay~ent of any indebtedness secured hereby or in the performance <br />of any agreement hereunder. Upon any such default, Beneficiary <br />may at any time, either in person, by agent, or by a receiver to <br />be appointed by a court, without notice and without regard to the <br />adequacy of any security for the indebtedness hereby secured, (a) <br />enter upon and take possession of the Property or any part thereof, <br />and in its own name sue for or otherwise collect such rents, issues <br />and profits, including those past due and unpaid, and apply the <br />same, less costs and expenses of operation and collection, includ- <br />ing reasonable attorney fees, upon any indebtedness secured hereby, <br />and in such order as Beneficiary may determine; (b) perform such <br />acts of repair or protection as may be necessary or proper to con- <br />serve the value of the Property; (c) lease the same or any part <br />thereof for such rental, term, and upon such conditions as its <br />judgment nay dictate. Unless Trustor and Beneficiary agree other- <br />wise in writi:xg,any application of rents, issues or profits to any <br />indebtedness secured hereby s~?all rot extend or postpone the due <br />date of the installment payments as provided in said promissory <br />note or c:nange the amount of such installments. The entering upon <br />and taking possession of the Property, L'he collection of such <br />rents, issues and profits, and the application thereof as aforesaid, <br />shall not waive or cure any default or notice of default hereunder, <br />or invalidate any act done pursuant to such notice. Trustor also <br />assigns to Beneficiary, as further security for the performance <br />of *_he obligations secured hereby, all prepaid rents and all monies <br />which may have been or may hereafter be deposited with said Trustar <br />by any lessee of the Property, to secure the payment of any rent, <br />and upon default in the performance of any of the provisions hereof, <br />Trustor agrees to deliver such rents and deposits to the Benefic- <br />iary. Delivery of written notice of Beneficiary's exorcise of -he <br />rights granted herein, to any tenant occupying said premises shall <br />be sufficient to require said tena.,t to pay saaid rent to the Bene- <br />ficiary unL'il further native. <br />11. Ccndernratian, 1_ r'~=;:ie Ca any part of the Proj°~exty r~hai.i b~~ <br />taken in vaneemnationTprace~:dings, by _ight of eminent oamnain ar <br />similar action, or shall be sold underrthreat of condemnation, all <br />awards, damages and proceeds are hereby assigned and shall be paid <br />to Beneficiary who shall apply such awards, damages anri proceeds <br />to the sums secured by the Trust Deed, with the excess, if any, <br />paid to the Trustor. Trustor will promptly, and with due diligecaee, <br />repair, alter and restore the remaining part of the Trust Property <br />to its former condition substantially to the extent that the same <br />may be feasible and so as to constitute a complete and usable unit. <br />I2. ;`uture Advances. Upon request of Trustor, Beneficiary, at <br />Beneficiary's option, prior to reconveyance of the Property to <br />the Trustor, may make future advances to the Trustor. Suvh <br />future advances, with interest thereon, sP:a11 be secured by this <br />Trust Deed when evidenced by promissory notes stating that said <br />Hates are severed 'Hereby; provided that at no time shall the secured <br />principal, future advances, not including sums advanced to protect <br />the severity, exceed one hundred percent (100%} of the original <br />-~~ prinvi.pai amounts secured hereby. <br />l;?. Remedies Cumulative. A11 remedies provided in this Trust 1?eca <br />are distinct and cumulative to any other right or remedy under wi2is <br />Trust Deed or afforded by law or equity, and may bo exercised cv,,- <br />currently, independently or successively. <br />14. Acceleration' Remedies• Sale. Upon defuult by 'I'rustcr. !,. ~'i~~~ <br />payment of any indebtedness secured hereby ar in the por:crma~:cc <br />of any agreement hereunder, Beneficiary may declare a1~ su..~s scc~:r.:~, <br />herebv immediately due and payable by delivery to Trustee ei: wr:~~_e: <br />declaration of default. The Trustee shall have the ~awcr o s~,i~ <br />