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201106231 <br />with said Trustor by any lessee of the Property to secure the payment of any rent or damages, or, upon default in the <br />performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. <br />Delivery of written notice of Beneficiary's exercise of the rights granted herein to any tenant occupying said <br />premises shall be sufficient to require said tenant to pay rent to the Beneficiary until further notice. <br />8. CONDEIVINATION. If title to any part of the Property shall be taken in condemnation <br />proceedings, by right of eminent domain or similar action, or shall be sold under threat of condemnation, all awards, <br />damages, and proceeds are hereby assigned and shall be paid to Beneficiary who shall apply such awards, damages, <br />and proceeds to the sum secured by this Trust Deed, with the excess, if any, paid to Trustor, except that such award, <br />damages or proceeds, or any portion thereof may be used to restore or replace any portion of the Property taken, <br />damaged or rendered unusable by reason of the condemnation at the discretion of the Beneficiary. If Trustor <br />receives any notice or other informarion regarding such actions or proceedings, Trustor shall give prompt written <br />notice thereof to Beneficiary. Beneficiary shall be entitled, at its option, to commence, appeaz in, and prosecute, in <br />its own name, any such action or proceedings and shall be enritled to make any compromise or settlement in <br />connection with any such action or proceedings. <br />9. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficia.ry's option, prior to <br />reconveyance of the Property to Trustor, may make future advances to Trustor. Such future advances, with interest <br />thereon, shall be secured by this Trust Deed when evidenced by promissory notes stating that said notes are secured <br />hereby; provided that at no time shall the secured principal and future advance, not including sums advanced to <br />protect the security, exceed two hundred percent (200%) of the original principal amounts secured hereby. <br />10. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, sha11 be entitled to <br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and <br />powers under this Trust Deed or under any other agreement executed in connection herewith or any laws now or <br />hereafter in force, notwithstanding some or all of such indebtedness and obligations secured hereby which may now <br />or hereafter be otherwise secured, whether by mortgage, trust deed, pledge, lien, assignment, or otherwise. Neither <br />the acceptance of this Trust Deed nor its enforcement, whether by court action or pursuant to the power of sale or <br />other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon <br />or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and <br />Beneficiary, and each of them, shall be entitled to enforce this Trust Deed and any other security now or hereafter <br />held by Beneficiary or Trustee in such order and manner as they, or either of them, may, in their absolute discretion, <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of <br />any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to <br />every other remedy given hereunder or now or hereafter existing„ at law or in equity, or by statute. Every power or <br />remedy provided under this Trust Deed to Trustee or Beneficiary or to which either of them may be otherwise <br />entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be <br />construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor, to the extent such <br />action is permitted by law. <br />11. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the Property or <br />interest therein is sold, transferred, or otherwise conveyed by Trustor without Beneficiary's prior written consent, <br />excluding (a) the creation of a lien or encumbrance subordinate to this Trust Deed, (b) a transfer by operation of law <br />upon the death of a Trustor who is a joint tenant or (c) the grant of any leasehold interest of three (3) years or less <br />which does not contain an option to purchase, such action is a breach of this agreement, and Beneficiary may, at <br />Beneficiary's option, declare all the sums secured by this Trust Deed to be immediately due and payable; provided, <br />further, this Trust Deed may, at Beneficiary's option, be declared immediately due and payable if (1) Trustor is a <br />partnership and any interest in the partnership is sold or assigned by any means whatsoever, or (2) if the Trustor is a <br />corporarion and a transfer of the majority stock ownership interest in the corporation occurs or the Trustor <br />corporarion merges in any form with another corporation or entity. Beneficiary shall have waived such option to <br />accelerate if, prior to the sale, transfer, or conveyance, Beneficiary and the person to whom the Property is to be sold <br />or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the <br />interest payable on the sums secured by this Trust Deed shall be at such rate as Beneficiary shall request. <br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Trustor to <br />make any payment or to perform any of the terms and conditions of this Trust Deed, or the terms and conditions of <br />the Note, or any renewals, modifications, or extensions thereof, or the failure to make payment of any other <br />indebtedness, prior or subsequent to this Trust Deed, and secured by this property, or the death of one or more <br />Trustors, shall be a breach and default of this Trust Deed and the Beneficiary may declare a default and may declare <br />all sums secured hereby immediately due and payable, and the same shall thereupon become due and payable <br />without presentment, demand, protest or notice of any kind, provided Trustor shall have any statutory right to cure <br />the default before any notice of default and demand for sale may be delivered to the Trustee. Thereafter, <br />Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustor agrees and hereby <br />grants that the Trustee shall have the power of sale of the Property and, if Beneficiary decides the Property is to be <br />sold, it shall deposit with Trustee this Trust Deed and the Note or notes and any other documents evidencing <br />expenditures secured hereby and shall deliver to Trustee a written notice of default and election to cause the <br />property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be <br />duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law following the recordation of Notice of <br />Default, and Notice of Default and Notice of Sale having been given as required by law, Trustee, without demand on <br />Trustor, shall sell the Property, if not redeemed, in one or more parcels and in such order as Trustee may determine <br />on the date and the time and place designated in said Notice of Sale, at public auction, according to law. <br />