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200002.604
<br />be immediately due and repayable to the Beneficiary; (h) not to sell the Property or any portion
<br />thereof without the approval of the Beneficiary in writing; and in the event of any sale herein
<br />prohibited, then the entire indebtedness secured by this Deed of Trust shall, at the option of the
<br />Beneficiary, become due and payable; and in the event of any sale herein prohibited, then the entire
<br />indebtedness secured by this Deed 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 be taken or damaged under the
<br />power of eminent domain, the award for any Property so taken or damaged (including severance
<br />damages to the remaining premises) shall be paid to the Beneficiary and applied in full or in part at
<br />the option of the Beneficiary in reduction of the indebtedness hereby secured; 0) that the
<br />Beneficiary shall have the right to inspect the Property at such reasonable times as the Beneficiary
<br />may desire to determine Trustor's compliance with the covenants contained in this Deed of Trust;
<br />(k) that the Beneficiary may release from the lien hereof any part or parcel of the Property without
<br />requiring any consideration therefor, and (1) that Trustor is lawfully seized of said premises and
<br />Property in fee simple, that the same are free from all liens and encumbrances except as may
<br />otherwise be specifically noted herein or waived in writing by the Beneficiary; that Trustor will
<br />execute or procure any further necessary assurances of title and does hereby warrant generally the
<br />title to said Property and will forever defend the same against the claims and demands of all persons
<br />whomsoever, and that Trustor's separate estate, whether vested, contingent or in expectancy, is
<br />hereby conveyed and Trustor does hereby expressly waive, release all rights and benefits of any
<br />homestead, dower, curtesy, appraisement, exemption and stay laws of this state. It is agreed that the
<br />interest provided for in subsection (g) above shall be at the same rate as specified in the Note secured
<br />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,
<br />the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not
<br />waive or cure any default or notice of default hereunder, or invalidate any act done pursuant to such
<br />notice. Trustor assigns to Beneficiary, as further security for the performance of the indebtedness
<br />and obligations secured hereby, all prepaid rents and all moneys which may have been or may
<br />hereafter be deposited with Trustor by any lessee of the Property, to secure the payment of any rent
<br />or damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to
<br />deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise
<br />of the rights granted by this paragraph THIRD to any tenant occupying the Property or any portion
<br />thereof shall be sufficient to require said tenant to pay said rent to Beneficiary until further notice.
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