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201005855
<br />without notice to or demand upon Trustor and without releasing Trustor from any obligation
<br />hereunder, may make such appearances, disburse such sums, and take such action as is
<br />necessary to protect Beneficiary's interest, including but not limited to, disbursement of
<br />reasonable attorney's fees, payment, purchase, contest or compromise of any
<br />encumbrance, charge or lien, and entry upon the Property to make repairs. In the event
<br />that Trustor shall fail to procure insurance or to pay taxes, assessments, or any other
<br />charges or to make any payments to any existing prior lien holders or Beneficiary,
<br />Beneficiary may procure such insurance and make such payment. Any amount disbursed
<br />by Beneficiary pursuant to this Paragraph A.6 shall become additional indebtedness of
<br />Trustor secured by this Deed of Trust. Such amounts shall be payable upon notice from
<br />Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of
<br />disbursement at the rate payable from time to time on outstanding principal underthe Note
<br />unless payment of interest at such rate would be contrary to applicable law, in which event
<br />such amounts shall bear interest at the highest rate permissible under applicable laws.
<br />Nothing contained in this Paragraph A.6 shall require Beneficiary to incur any expense or
<br />take any action hereunder.
<br />B. IT IS MUTUALLY AGREED THAT:
<br />1. Assignment of Rents: Beneficiary shall have the right, power and authority
<br />during the continuance of this Deed of Trust to collect the rents, issues and profits of the
<br />Property and of any personal property located thereon with or without taking possession of
<br />the property affected hereby, and Trustor hereby absolutely and unconditionally assigns all
<br />such rents, issues and profits to the Beneficiary. Beneficiary, however, hereby consents to
<br />the Trustor's collection and retention of such rents, issues and profits as they accrue and
<br />became payable so long as Trustor is not, at such time, in default with respect to payment
<br />of any indebtedness secured hereby, or in the performance of any agreement hereunder.
<br />Upon any such default, Beneficiary may at any time, either in person, by agent, or by a
<br />receiver to be appointed by a court, without notice and without regard to the adequacy of
<br />any security for the indebtedness hereby secured, (a) enter upon and take possession of
<br />the Property or any part thereof, and in its own name due for or otherwise collect such
<br />rents, issues and profits, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection, including reasonable. attorney fees, upon
<br />any indebtedness secured hereby, and in such order as Beneficiary may determine; (b)
<br />perform such other actions of repair or protection as may be necessary or proper to
<br />conserve the value of the Property; (c) lease the same or any part thereof for such rental,
<br />term and upon such conditions as its judgment may dictate or terminate, or adjust the
<br />terms and conditions of existing leases. Unless Trustor and Beneficiary thereof agree
<br />otherwise in writing, any application of rents, issues or profits to any indebtedness secured
<br />hereby shall not extend or postpone the due date of the installment payments as provided
<br />in said promissory note or change the amount of such installment. The entering upon and
<br />taking possession of the Property, the collection of such rents, issues and profits, and the
<br />application thereof as aforesaid, shall not waive or cure any default or notice of default
<br />hereunder or invalidate any act done pursuant to such notice. Trustor also assigns to
<br />Beneficiary, as further security for the performance of the obligations secured hereby, all
<br />prepaid rents and all monies which may have been or may hereafter be deposited with said
<br />Trustor by any lessee of the Property, to secure the payment of any rent or damages, or
<br />upon default of the performance of any of the provisions hereof, Trustor agrees to deliver
<br />such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise
<br />of the rights granted herein, to any tenant occupying said premises shall be sufficient to
<br />require said,tenant ta.pay .rent to the Beneficiary until further notice.
<br />2. Condemnation: If title to any part of the Property shall be taken in
<br />condemnation proceedings, by right of eminent domain or similar action, or shall be sold
<br />under threat of condemnation, all awards, damages and proceeds are hereby assigned
<br />and shall be paid to Beneficiary who shall apply such awards, damages and proceeds to
<br />the sum secured by this Deed of Trust, with the excess, if any, paid to Trustor. If Trustor
<br />receives notice or other information regarding such actions or proceedings, Trustor shall
<br />give prompt notice thereof to Beneficiary. Beneficiary shall be entitled at its option, to
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