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<br /> interest at the rate hereinafter provided shall constitute a lien upon the
<br /> Property, shall be secured by this Deed of Trust, and shall be immediately
<br /> due and repayable to the Beneficiary; (h) not to sell the Property or any :
<br /> portion thereof without the approval of the Beneficiary in writing; and in
<br /> the event of any sale herein prohibited, then the entire indebtedness secured
<br /> by this Deed of Trust shall, at the option of the Beneficiary, become due and
<br /> payable; (i) that if the Property or any part or parcel thereof shall be
<br /> taken or damaged under the power of eminent domain, the award for any :
<br /> Property so taken or damaged (including severance damages to the remaining :
<br /> premises) shall be paid to the Beneficiary and applied in full or in part at
<br /> the option of the Beneficiary in reduction of the indebtedness hereby :
<br /> secured; (j ) that the Beneficiary shall have the right to inspect the :
<br /> Property at such reasonable times as the Beneficiary may desire to determine
<br /> Trustor' s compliance with the covenants contained in this Deed of Trust; (k)
<br /> that the Beneficiary may release from the lien hereof any part or parcel of :
<br /> the Property without requiring any consideration therefor, and (1) that
<br /> Trustor is lawfully seized of said premises and Property in fee simple, that
<br /> the same are free from all liens and encumbrances except as may otherwise be
<br /> specifically noted herein or waived in writing by the Beneficiary; that
<br /> Trustor will execute or procure any further necessary assurances of title and
<br /> does hereby warrant generally the title to said Property and will forever :
<br /> defend the same against the claims and demands of all persons whomsoever, and
<br /> that Trustor' s separate estate, whether vested, contingent or in expectancy, :
<br /> is hereby conveyed and Trustor does hereby expressly waive, release all :
<br /> rights and benefits of any homestead, dower, curtesy, appraisement, exemption :
<br /> and stay laws of this state. It is agreed that the interest provided for in
<br /> subsection (g) above shall be at the same rate as specified in the Note
<br /> secured hereby on the principal thereof after default and maturity. :
<br /> SECOND. In the event Trustor, without the prior written consent of
<br /> Beneficiary, shall sell, transfer or convey or contract to sell, transfer or
<br /> convey the Property, or any part thereof or any interest therein, the entire
<br /> balance of the indebtedness hereby secured shall become and be immediately :
<br /> due and payable at the option of Beneficiary; provided, however, Beneficiary :
<br /> may waive such option to accelerate if, prior to such sale, transfer or
<br /> conveyance or contract therefor, Beneficiary and the person to whom the
<br /> property is to be sold or transferred reach an agreement in writing that the
<br /> credit of such person is satisfactory to Beneficiary and that the interest :
<br /> payable on the sums secured by this Deed of Trust shall be at such rate as
<br /> Beneficiary shall request .
<br /> THIRD. That as further security for the payment of the Note and the :
<br /> indebtedness thereby evidenced and the performance of all of the terms,
<br /> covenants and conditions hereof, Trustor agrees that Beneficiary shall and :
<br /> does hereby have the right, power and authority during the continuance of :
<br /> this Deed of Trust to collect the rents, issues and profits of the Property :
<br /> and of any personal property located thereon with or without taking :
<br /> possession of the property affected thereby; and Trustor hereby absolutely :
<br /> and unconditionally assigns all such rents, issues and profits to Beneficia-
<br /> ry. Beneficiary, however, hereby consents to Trustor' s collection and
<br /> retention of such rents, issues and profits as they accrue and become payable :
<br /> so long as Trustor is not at such time in default with respect to payment of :
<br /> any indebtedness secured hereby or in the performance of any agreement :
<br /> hereunder. Upon any such default, Beneficiary may at any time, either in
<br /> person, by agent, or by receiver to be appointed by a court, without notice :
<br /> and without regard to the adequacy of any security for the indebtedness :
<br /> hereby secured (a) enter upon and take possession of the Property or any part :
<br /> thereof 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 same, less :
<br /> costs and expenses of operation and collection, including reasonable
<br /> attorney' s fees, upon any indebtedness secured hereby ar.d in such order as :
<br /> Beneficiary may determine; (b) lease the same or any part thereof for such
<br /> rental, term and upon such conditions as Beneficiary' s judgment may dictate :
<br /> or terminate or adjust the terms and conditions of any existing lease or :
<br /> leases . Unless Trustor and Beneficiary agree otherwise in writing, any
<br /> application of rents, issues or profits to any indebtedness secured hereby :
<br /> shall not extend or postpone the due date of the installment payments as :
<br /> provided in the Note or change the amount of such installments . The entering :
<br /> upon and taking possession of the Property, the collection of such rents,
<br /> issues and profits, and the application thereof as aforesaid, shall not waive
<br /> or cure any default or notice of default hereunder, or invalidate any act :
<br /> done pursuant to such notice . Trustor assigns to Beneficiary, as further :
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