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89..., 101241
<br />Deed Trust;
<br />of (g) that in the event Trustor.' sh -all fail to comply with the
<br />provisions of (a): through ( €) above, the Beneficiary may expend such funds
<br />and take such action as is necessary to remedy'such failure and all sums'
<br />paid by the Beneficiary pursuant trsateto with. interest at the rate herein-
<br />after provided shall constitute a. I -a uponw"the Property, shall be secured
<br />by
<br />this Deed o£ Trust, and shall i e : i .d iati ly due and repayable to the
<br />Beneficiary; (h) not to sell the." +rPP_ �ty Orr-any portion thereof without
<br />;.
<br />the approval of the. Beneficiary zatirg; end..: in the event of any sale
<br />herein prohibited,: then the entire indebtedness seer "ed by this Deed of
<br />Trust shall, at the option of the "beneficiary, bercorle-.due .and.,payable; (i)
<br />that if the Property or any part or Loa-real-thereof shall be-taken or
<br />damaged under the =power of eminent domair.,,,the award far any property so
<br />taken or damaged. (including sevexa.nce damOa to the remaining premises)
<br />shall be paid. to the Beneficiary and apil3:ed in full .'or in part at the
<br />Option of the -Beneficiary in reductioru -Crf the indebtedness hereby se a ed,
<br />..
<br />(j) that the.Beneficiary shall have the. right to inspect the Property "at:.::`
<br />such reasonable tunes as- the Beneficicit : may desire to determine Trustor'
<br />compliance with the covenants contained in this Deed ..:f Trust; (k)- -t�sat
<br />Beneficiary may release from the lien. h+rreof any part or parcel of the
<br />Property without requiring any consideration there °or " and (I): that tr�istor
<br />is lawfully seized of said., zremis.es arid; Property. i.h.. fee. simple; that. the
<br />same are free from all liens ami` encumbrances except:as may otherwise be
<br />specifically noted herein or waived intwriting by the Beneficiary; that
<br />Trustor will execute or procure ar,.y further necessary assurances of title
<br />and does hereby warrant generally the•title to said Property and will
<br />forever defend the same against the claims and demands of all persons
<br />whomsoever, and that Trustor's separate estate, whether vested, contingent
<br />or in expectancy, is hereby convey -id and Trustor does hereby expressly
<br />i
<br />waive, release all rights and benefits of any homestead, dower, curtesy,
<br />appraisement, exemption and stay laws
<br />t
<br />of this state. It is agreed that the
<br />interest provided for in subs;ectibn (g) above shall be at the same rate as
<br />.,
<br />specified in the Note secured hereby on the principal thereof after default
<br />and maturity.
<br />+
<br />SECOND: In the event Trustor, without the prior written consent of
<br />BenefTcfa—ry
<br />shall sell, transfer or convey or contract to sell, transfer or
<br />convey the Property, or any part thereof or any interest therein, the
<br />entire balance of the indebtedness hereby secured shall become and be
<br />immediately due and payable at the option of Beneficiary; provided, how-
<br />ever, Beneficiary may waive such option to accelerate if, prior to such
<br />sale, transfer or conveyance or contract therefor, Beneficiary and the
<br />person to whom the property is to be sold or transferred reach an agreement
<br />in writing that the credit of such person is satisfactory to Beneficiary
<br />and that the interest payable on the sums secured by this Deed of Trust
<br />shall be at such rare as Beneficiary small request.
<br />THIRD: As further security for the payment of the Note and the
<br />indebtedness thereby evidenced and the performance of all of the terms,
<br />covenants and conditicna hereof, Trustor agrees that Beneficiary shall and
<br />does hereby have the right, power and authority during the continuance of
<br />this Deed of Trust to aollect the rents, issues and profits of the Property
<br />and of any personal property located thereon with or without taking pos-
<br />session of the property affected thereby; and Trustor hereby absolutely and
<br />unconditionally assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, ("tr;wt?ve r•, hereby con stints to Trusted: `s ctsllection and retention
<br />of such rents, issues and profits as they accrue nd become payable as long
<br />as Tr-rstor is not:' at such time in default with resrect to payrrent of any
<br />indebt(B�f-ress secured hereby .or in the
<br />performance of any agreement :Jere-
<br />unc�esr,. Upon any such default, Beneficiary may at any time, either i.
<br />person, by agent, or by receiver to be appointed by a court, without:natice,
<br />and without regard to thu adequacy of arty security for the indebtedne-ss
<br />hereby 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 rents,
<br />issues and profits, including those past due and vnp•a.id, and apply the
<br />same, less costs and expenses of operation and collection, including
<br />reasonable attorney's fees, upon any indebtedness secured hereby and in
<br />r.
<br />such order as Beneficiary may determine; Ib) lease the sanfe or any part
<br />thereof frr such rental, term anti upon such conditions .3s Bette; i- c-iciry'r
<br />;tidyment may d;c•t.7te or terminate
<br />, }
<br />c�:. a.cijust thr terms and ronc3itions of apy
<br />lea!;e o lE`it! Ems=, lln�e':::i '�'YEl.3 }E7I f3Clili'l iiC7reC
<br />�.
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