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�o��o��o� <br />5. Repair, Maintenance and Use. To promptly repair, restore or rebuild any buildings or <br />improvements now or hereafter on the property; to keep the property in good condition and repair, without <br />waste and free from mechanics or other liens not expressly subordinated to the lien hereof; to not make, <br />suffer or permit any nuisance to e�cist nor to diminish or impair the value of the property by any act or <br />omission of act; and to comply with all requirements of law without respect to the property. <br />6. Condemnation. In the event the properly, or any part thereof, shall be taken by eminent domain, <br />Beneficiary is entitled to collect and receive all compensation which may be paid for any property taken or <br />for damages to properiy not taken, and Beneficiary shall apply such compensation, at its option, either to a <br />reduction of the indebtedness secured hereby or to repair and restore the property so taken. <br />7. Performance by Beneficiary. Beneficiary may, but shall have no obligation to, do any act which <br />Trustor has agreed but failed to do, and Beneficiary may also do any act it deems necessary to protect the <br />lien hereof. Trustor agrees to repay, upon demand, any sums so expended by Beneficiary for the above <br />purposes, and any sum so expended by Beneficiary sha11 be added to the indebtedness secured hereby and <br />become secured by the lien hereof. Beneficiary shall not incur any personal liability because of anything <br />it may do or omit to do hereunder. <br />8. Assiex�ment of Rents. Beneficiary shall have the right, power and authority during the <br />continuance of this Deed of Trust to collect the rents, issues and profits of the property and of any personal <br />property located thereon with or without taking possession of the property affected hereby, and Trustor <br />hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, <br />however, hereby consents to Trustor's collection and retention of such rents, issues and profits as they accrue <br />and become payable, so long as Trustor is not, at such time, in default with respect to payment of any <br />indebtedness secured hereby, or in the performance of any agreement hereunder. If any event of default <br />described herea.fter in respect to this Deed of Trust shall have occurred and be continuing, Beneficiary, as <br />a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the <br />value of the trust estate or the interest of the Trustor therein, shall have the right to apply to any court having <br />jurisdiction to appoint a receiver of the property. <br />9. Transfer of Pro�. If all or any part of the property or any interest of Trustor therein is sold, <br />transferred or further encumbered without the express or written consent of Beneficiary, Beneficiary may, <br />at its sole option, declare all sums secured by this Deed of Trust to be immediately due and payable and <br />proceed to the remedies available to it under the default provisions contained therein. <br />10. Events of Default. Any of the following events shall be deemed an event of default hereunder: <br />(a) Trustors shall have failed to make payment of any installment of interest, <br />principal br principal and interest or any other sums secured hereby when due; <br />(b) There has occurred a breach of or default under any term, covenant, agreement, <br />condition, provision, representation or warranty contained in this Deed of Trust, the note or <br />any other loan instrument secured hereby; <br />(c) There has been a default by the Trustors in the payment of any prior or <br />subsequent lien or encumbrance in respect to all or any part of the properiy; <br />(d) Trustors shall file a voluntary petition in bankruptcy or shall be adjudicated <br />bankrupt or insolvent, or shall make an assignment for the benefit of creditors in respect to <br />the property; or an action to enforce any lien or encumbrance or judgments against the <br />property is commenced. <br />11. Acceleration Upon Default. In the event of any default, Beneficiary may declare all <br />indebtedness secured hereby to be due and payable, and the same shall thereupon become due and payable <br />without any presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may: <br />(a) either in person or by agent, with or without bringing any action or proceeding, <br />or by receiver appointed by a court and without regard to the adequacy of any security, enter <br />upon and take possession of the property, or any part thereof, in its own name or in the name <br />2 <br />