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200101639
<br />said policies and the proceeds thereof shall be paid to the Beneficiary who may apply the same or
<br />any part thereof on the indebtedness secured hereby or toward the reconstruction or repair of said
<br />buildings and improvements or release same to the Trustor; (e) to pay any lien, claim or charge
<br />against the Property which might take precedence over the lien hereof, (f) to pay on demand all legal
<br />expenses, title searches, appraisal or attorneys' fees reasonably incurred or paid by Beneficiary to
<br />collect the Note or foreclose or protect the lien of this Deed of Trust; (g) that in the event Trustor
<br />shall fail to comply with the provisions of (a) through (f) above, the Beneficiary may expend such
<br />funds and take such action as is necessary to remedy such failure and all sums paid by the
<br />Beneficiary pursuant hereto with interest at the rate hereinafter provided shall constitute a lien upon
<br />the Property, shall be secured by this Deed of Trust, and shall be immediately due and repayable to
<br />the Beneficiary; (h) not to sell the Property or any portion thereof without the approval of the
<br />Beneficiary in writing; and in the event of any sale herein prohibited, then the entire indebtedness
<br />secured by this Deed of Trust shall, at the option of the Beneficiary, become due and payable; and
<br />in the event of any sale herein prohibited, then the entire indebtedness secured by this Deed of Trust
<br />shall, at the option of the Beneficiary, become due and payable; (i) that if the Property or any part
<br />or parcel thereof shall be 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 premises) shall be paid
<br />to the Beneficiary and applied in full or in part at the option of the Beneficiary in reduction of the
<br />indebtedness hereby secured; 0) that the Beneficiary shall have the right to inspect the Property at
<br />such reasonable times as the Beneficiary may desire to determine Trustor's compliance with the
<br />covenants contained in this Deed of Trust; (k) that the Beneficiary may release from the lien hereof
<br />any part or parcel of the Property without requiring any consideration therefor, and (1) that Trustor
<br />is lawfully seized of said premises and Property in fee simple, that the same are free from all liens
<br />and encumbrances except as may otherwise be specifically noted herein or waived in writing by the
<br />Beneficiary; that Trustor will execute or procure any further necessary assurances of title and does
<br />hereby warrant generally the title to said Property and will forever defend the same against the
<br />claims and demands of all persons whomsoever, and that Trustor's separate estate, whether vested,
<br />contingent or in expectancy, is hereby conveyed and Trustor does hereby expressly waive, release
<br />all rights and benefits of any homestead, dower, curtesy, appraisement, exemption and stay laws of
<br />this state. It is agreed that the interest provided for in subsection (g) above shall be at the same rate
<br />as specified in the Note secured hereby on the principal thereof after default and maturity.
<br />SECOND: In the event Trustor, without the prior written consent of Beneficiary, shall sell,
<br />transfer or convey or contract to sell, transfer or convey the Property, or any part thereof or any
<br />interest therein, the entire balance of the indebtedness hereby secured shall become and be
<br />immediately due and payable at the option of Beneficiary; provided, however, Beneficiary may
<br />waive such option to accelerate if, prior to such sale, transfer or conveyance or contract therefor,
<br />Beneficiary and the person to whom the property is to be sold or transferred reach an agreement in
<br />writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on
<br />the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request.
<br />THIRD: That as further security for the payment of the Note and the indebtedness thereby
<br />evidenced and the performance of all of the terms, covenants and conditions hereof, Trustor agrees
<br />that Beneficiary shall and does hereby have the right, power and authority during the continuance
<br />of this Deed of Trust to collect the rents, issues and profits of the Property and of any personal
<br />property located thereon with or without taking possession of the property affected thereby; and
<br />Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to
<br />Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such
<br />rents, issues and profits as they accrue and become payable so long as trustor is not at such time in
<br />default with respect to payment of any indebtedness secured hereby or in the performance of any
<br />agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, by
<br />agent, or by receiver to be appointed by a court without notice and without regard to the adequacy
<br />of any security for the indebtedness hereby secured (a) enter upon and take possession of the
<br />Property or any part thereof and in its own name sue for or otherwise collect such rents, issues and
<br />profits, including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby
<br />and in such order as 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 or terminate or adjust
<br />the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree
<br />otherwise in writing, any 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 provided in the Note or
<br />change the amount of such installments. The entering upon and taking possession of the Property,
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