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<br />- dae� hereby wamant generally the title to said Property and will forever defend the same •
<br /> �. against the claims and demands of all persons whomsoever, and that Trustors separate =
<br /> � estate, whetherr vested, contingent or in expectancy, is hereby canvc�ysd and Tnastvr does i
<br /> . :"`"-.`�''`�' hereby expressly waive, release all rights and benefits of any homestead, dower, courtesy, _
<br /> ��� appraisement, exemption and stay laws of this state. It is agreed that the interest provided tor -
<br /> in subsectfon (g) above shall be at the same rate as specified in the Note secured hereby on -
<br /> ' �'" the principal thereof after default and maturity. -
<br /> �� -
<br /> � � Z. In the event Trustor, without the prior written consent of Beneticfary shall �
<br /> � sell, transfer or convey or contract to sell, transfer or convey the Property, or any part thereof
<br /> ,� or any interest therein, the entire batance of the indebtedness hereby secured shalt become
<br /> � and be immedlately due and payable at the option of Beneficiary; provided, however� _
<br /> ��.. , � Beneficiary may waive such optfon to accelerate if, prior to such sale, transfer or conveyanca
<br /> or contract therefor, Beneflciary and the person to whom the Property is to be sold or
<br /> , transferrec! reach an agreemant in writing that the credit of such person is satisfactory to
<br /> �„., Beneficiary and that the interest payable on the sums secured by this Oeed of Trust shall be at
<br /> '�� � � such rate as Beneficiary shall request.
<br />,'a�' � �� 3. Thet as further security for the payment of the Note and the
<br /> . indebtedness thereby evidenced and the performa�ce of all of tho terms, covenants and
<br /> Y�`" �� ' � conditions hereof, Trustor agrees that Beneficiary shail and does here�y have the right, power
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<br /> . � : "'r�� and autharity during the continuance of this Deed of Tnast to collect the rents, issues and
<br /> - -•�. profits of the Property and of any personal property located the�eon with or without taking
<br />-:. .;� "�;�. possession of the propeetyr affected thereby;and Trustor hereby absolutely and uncondit�onally
<br /> ����`��''�?;' assigns ail such rents, issues and profits to Beneffclarv. Beneflciary, however, hereby
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<br />_`'��`�:����� cunsents to Tnastor's coliect(on and retention of such rents, Issues and profits as they accrue
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<br /> �;�.�:�;:�i�f: and become payable so long as Trustor is not at such time in default wIth respect to payment
<br /> --�>• •,- :��r.r of any indebtedness secured hereby or fn the pefformance of any agreement hereunder.
<br /> '�-'';3''�-��:��• Upon any such default, Beneficiary may at any time, either(n person, by agent, or by receiver
<br /> _:f�,�� to be appointed by a court,without notfce and without regard to the a�equacy of any secu�ity
<br /> v_��±�u� for the indebtedness hereby secured (a) enter upon and take possession of the Property or
<br /> �==�:�� any pa�t thereof and in its awn name sue for or otherwise coilect such�ents, issues and proflts,
<br /> �""����� ��''�� including those past due and unpaid, and appiy the same, less costs, and expense of
<br /> =='��% operation and collection, including reasonable attomey's fees,upon any inde4tedness secured
<br />�'�"�'�!�� hereby and in such order es Beneflciary may detertnine; (b) lease the same or any part thereof
<br /> -_— -- for such rental, term and upon such conditions as Beneffciary's judgment may dfctate or
<br /> -°�-,�;� tertninate or adjust tNe terms and conditions of any existing lease or leases. UnlQSS Tnastor
<br /> _ ---- , and Beneficiary agree otherwise in writlng, any application of rents, issues or proiits to any
<br /> ___= indebtedness secured hereby shall not extend ar postpone the due date of the installment
<br /> __ = payments as provided in the Note or change the amount of such installments. The entering
<br /> =u-- upon and taking possession of the Property, the collection of such rents, issues and proflis,
<br /> ---—= and the 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 no�ce. Trustor assigns to Benoficiary,
<br /> =�� as further security for the perfortnance of the indebtedness and obligations secured hereby,all
<br /> - �� prepaid rents and ali moneys which may have been or may hereafter be deposited with Trustor
<br /> _�-6;`�'�''� by any lessee of the Property, to secure the payment of any rent or damages, and upon
<br /> �-��;a•���' default in the performance of any of the provisions hereof,Trustor agrees to deliver such rents
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<br /> ':��,,.;�'�: ' and deposits to Ber�eflciary. Delivery of written notice of Beneflciary's exerciso of the ►ights
<br /> �.;;_...� :: :,;;. granted by this paragraph third to any lenant occupying the Property or any portion thereof
<br /> � shall be sufficient to require said tenant to pay said rent to Beneficiary until further notice.
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<br /> � ' 4. Per the terms of the Plan in the Bankruptcy Case, The Equitable Life
<br /> � . Assurance Society of the United States has (by virtue of the conflnnatfon of the Plan) a first
<br /> - priority lien against the Property as described herein, subje�t only to any valid liens of the
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