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20140 <br />approval of the Beneficiary in writing; and in the event of any sale <br />herein prohibited, then the entire indebtedness secured by this Deed <br />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 <br />be taken or damaged under the power of eminent domain, the award for <br />any Property so taken or damaged (including severance damages to the <br />remaining premises) shall be paid to the Beneficiary and applied in <br />full or in part at the option of the Beneficiary in reduction of the <br />indebtedness hereby secured; (j) that the Beneficiary shall have the <br />right to inspect the Property at such reasonable times as the <br />Beneficiary may desire to determine Trustor's compliance with the <br />covenants contained in this Deed of Trust; (k) that the Beneficiary <br />may release from the lien hereof any part or parcel of the Property <br />without requiring any consideration therefor, and (1) that Trustor is <br />lawfully seized of said premises and Property in fee simple, that the <br />same are free from all liens and encumbrances except as may otherwise <br />be specifically noted herein or waived in writing by the Beneficiary; <br />that Trustor will execute or procure any further necessary assurances <br />of title and does hereby warrant generally the title to said Property <br />and will forever defend the same against the claims and demands of <br />all persons whomsoever, and that Trustor's separate estate, whether <br />vested, contingent or in expectancy, is hereby conveyed and Trustor <br />does hereby expressly waive, release all rights and benefits of any <br />homestead, dower, curtesy, appraisement, exemption and stay laws of <br />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 <br />Note secured hereby on the principal thereof after default and <br />maturity. <br />SECOND. In the event Trustor, without the prior written consent <br />of Beneficiary, shall sell, transfer or convey or contract to sell, <br />transfer or convey the Property, or any part thereof or any interest <br />therein, the entire balance of the indebtedness hereby secured shall <br />become and be immediately due and payable at the option of <br />Beneficiary; provided, however, Beneficiary may waive such option to <br />accelerate if, prior to such sale, transfer or conveyance or contract <br />therefor, Beneficiary and the person to whom the property is to be <br />sold or transferred reach an agreement in writing that the credit of <br />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 <br />rate as Beneficiary shall request. <br />THIRD. That as further security for the payment of the Note and <br />the indebtedness thereby evidenced and the performance of all of the <br />terms, covenants and conditions hereof, Trustor agrees that <br />Beneficiary shall and does hereby have the right, power and authority <br />during the continuance of this Deed of Trust to collect the rents, <br />issues and profits of the Property and of any personal property <br />located thereon with or without taking possession of the property <br />affected thereby; and Trustor hereby absolutely and unconditionally <br />assigns all such rents, issues and profits to Beneficiary. <br />Beneficiary, however, hereby consents to Trustor's collection and <br />retention of such rents, issues and profits as they accrue and become <br />payable so long as Trustor is not at such time in default with <br />respect to payment of any indebtedness secured hereby or in the <br />performance of any agreement hereunder. Upon any such default, <br />Beneficiary may at any time, either in person, by agent, or by <br />receiver to be appointed by a court, without notice and without <br />regard to the adequacy of any security for the indebtedness hereby <br />secured (a) enter upon and take possession of the Property or any <br />part thereof and in its own name sue for or otherwise collect such <br />rents, issues and profits, including those past due and unpaid, and <br />apply the same, less costs and expenses of operation and collection, <br />