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201200763
<br />all liens and encumbrances except as may otherwise be specifically
<br />noted herein or waived in writing by the Beneficiary; that Trustor
<br />will execute or procure any further necessar�r assurances of title
<br />and does hereby warrant generally the title tv said Property and
<br />will �orever defend the same againat the claims and demands of all
<br />persons whomsoever, and tha� Trustor's separate estate, whether
<br />vested, contingent or in expectancy, is hereby conveyed and Trustor
<br />does hereby expressly waive, release a7.1 rights and benefits of any
<br />homestead, dower, curtesy, appraisement, exemption and atay laws o�
<br />th.is state. It is agreed that the interest provided for in
<br />subsection (g) above shall be at the same rate as specified in the
<br />Note secured hereby on the principal thereof after default and
<br />maturity.
<br />SECOND. In the event Trustor, without the prior written
<br />conaent of Beneficiary, shall sell, transfer or convey or contract
<br />to sell, trara.sfer or convey the Property, or any part thereof or
<br />any interest therein, the entire balance af the irs.debtedness hereby
<br />secured shall become and be immediately due and payable at the
<br />option of Beneficiary; provided, however, Beneficiary may waive
<br />such option to accelerate if, prior to such sale, transfer or
<br />conveyance or contract there�or, Beneficiary and the person to whom
<br />the property is to be sold or transferred reach an agreement in
<br />writing that the credit af such person is satisfactory to Benefi-
<br />ciary and that the interest payable on the sums secured by this
<br />Deed of Trust shall be at such rate as Beneficiary shall request.
<br />THIRD. That as further seCUrity for the payment of the Note
<br />and the indebtedness thereby evidenced and the per�ormance of all
<br />of the terms, covenants and conditions hereof, Trustar agrees that
<br />Beneficiary shall and does hereby have the right, power and
<br />authority during the continuance of this Deed of Trust to collect
<br />the rents� issues and profits of the Property and of any personal
<br />p�operty located thereon with or without ta.king possesaion of the
<br />property affected thereby; and Trustor hereby absol.utely and
<br />unconditionally assigns all. such �ents, issues and profits to
<br />Beneficiary. Beneficia�y, however, hereby consents to Trustor's
<br />collection and retention of such rents, issues and profits as they
<br />aCCrue an.d became payable so lon.g as Trustor is not at such time in
<br />default wi�h respect to paymen,t of any indebtedness secured hereby
<br />or in the performanCe of any agreement hereunder. Upon any such
<br />default, Beneficiary may at any time, either in person, by agent,
<br />or by receive� to be appointed by a court, without notice and
<br />without regard to the adequacy ot any security for the in.debtedness
<br />hereby secured (a) enter upon and take possession of the Proper�y
<br />or an.y part thereo� and in its own name sue for or otherwise
<br />collect �uch. ren.ts, issues and profits, including those past due
<br />and unpaid, and app].y the same, less costs and expenses of
<br />operation and collection, including reasonable attorney's fees,
<br />upon any indebtedness secured hereby and in such order as Benefi-
<br />ciary may determine; (b) lease the same or any part thereof for
<br />such rental, term and upon such conditions as Beneficiary's
<br />judgment may dictate or terminate or adjust the terms and condi-
<br />tions of an� existing lease or leases. Unless Trustor and
<br />Beneficiary agree othex�wise in writing, any application ot rents,
<br />issues or profits to any indebtedness secured hereby shall nat
<br />extend or postpone the due date of the inatallment payments as
<br />provided in the Note or change the amount af such in.stallments.
<br />The entering upon and taking possession of the Property, the
<br />collection of such rents, issues and profits, and the application
<br />thereof as aforesaid, shall not waive or cure any default or notice
<br />of default hereunder, or invalidate any act dorze pursuant to such
<br />notice. Trustor assigns to Beneficiary, as further security for
<br />the performance of the indebtedn.ess and obligations secured hereby,
<br />all p�epaid rents and all moneys which may have been or may
<br />he�^eafter be deposited with Trustor by an.y lessee of the Property,
<br />to secure the payment of any rent or damages, and upon default in
<br />the performance of any of the proviaions hereof, Trustor agrees to
<br />deliver such rents and deposits to Beneficiary. Delivery of
<br />written notice of Beneficiary's exercise of the righta granted by
<br />this paragraph THSRD to any tenant occupying the Property or any
<br />por�ion thereof sha11 be sufficient to require said tenant to pay
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