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201301715
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Last modified
3/4/2013 4:42:47 PM
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3/4/2013 4:42:47 PM
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DEEDS
Inst Number
201301715
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201301715 <br />judgment may dictate or terminate or adjust the terms and condi- <br />tions of any existing lease or leases. Unless Trustor and <br />Beneficiary agree otherwise in writing, any application of rents, <br />issues or profits to any indebtedness secured hereby shall not <br />extend or postpone the due date of the installment payments as <br />provided in the Note or change the amount of such installments. <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 done pursuant to such <br />notice. Trustor assigns to Beneficiary, as further security for <br />the performance of the indebtedness and obligations secured hereby, <br />all prepaid rents and all moneys which may have been or may <br />hereafter be deposited with Trustor by any 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 provisions hereof, Trustor agrees to <br />deliver such rents and deposits to Beneficiary. Delivery of <br />written notice of Beneficiary's exercise of the rights granted by <br />this paragraph THIRD to any tenant occupying the Property or any <br />portion thereof shall be sufficient to require said tenant to pay <br />said rent to Beneficiary until further notice. <br />FOURTH. If there shall be filed by or against the Trustor any <br />petition or proceeding seeking any arrangement or composition or <br />extension of any other relief under or pursuant to the Federal <br />Bankruptcy Code or any other similar statute as is now or hereafter <br />in effect, or if the Trustor shall be adjudicated bankrupt or <br />insolvent or any of Trustor's property shall have been sequestered <br />and such decree shall have continued undischarged and unstayed for <br />90 days after the entry thereof, then the whole of the Note and <br />indebtedness hereby secured shall, without notice, at the option of <br />the Beneficiary, become due and payable. <br />FIFTH. Upon default by Trustor in the payment of or perfor- <br />mance of the terms and conditions of the Note, or any renewals, <br />modifications or executions thereof, the payment of any other <br />indebtedness secured hereby or in the performance of any agreement, <br />covenant or warranty herein contained or set forth in any agreement <br />or instrument executed by Trustor in connection with the indebted- <br />ness hereby secured, Beneficiary may declare all sums secured <br />hereby immediately due and payable and the same shall thereupon <br />become due and payable without presentment, demand, protest or <br />notice of any kind. Thereafter, Beneficiary may deliver to Trustee <br />a written declaration of default and demand for sale. Trustee <br />shall have the power of sale of the Property and if Beneficiary <br />decides the Property is to be sold, it shall deposit with Trustee <br />this Deed of Trust and the Note or notes and any other documents <br />evidencing expenditures secured hereby, and shall deliver to <br />Trustee a written notice of default and election to cause the <br />Property to be sold, and Trustee, in turn, shall prepare a similar <br />notice in the form required by law, which shall be duly filed for <br />record by Trustee. <br />(a) After the lapse of such time as may be required by law <br />following the recordation of Notice of Default, and notice of <br />Default and Notice of Sale having been given as required by <br />law, Trustee, without demand on Trustor, shall sell the <br />Property hereinbefore described, and any and every part <br />thereof, in separate parcels or en masse as the Trustee may <br />elect and in such order as Trustee may determine on the date <br />
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