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<br />89- 141659
<br />' ( h) ItTfirsWis epa #nmhip end theinterestofa general portnerterminatee. is assigned or transferved,oriediminishedin
<br />any respect, de if Twister ion corporation and a majority of the voting corporate stock is transferred. sold or assigned. cr if the
<br />Trustor is a Trustee of a trust and there is a change of any of the Beneficial interest of the trust; or
<br />(f) Trwtor shalt without the consent of Beneficiary, create or consent to the establishment of a district which has gazing
<br />power.
<br />ACCELERATION UPON DEFAULT. ADDITIONAL. REMEDIES: In the event of any default hereunder, Beneficiary
<br />.nay, at its option.:
<br />(e)TWod aataadditional dvance%if any. to be mda anderor pursuant tothe Promissory Noteor any buildingloattmgtee.
<br />runt; or
<br />(b),I ve: say Pam sewed hereby immediately due and payable and the now shall there upon beco ne due and LxAra5le
<br />wi3TFa, Ut atir prasamtme tilL demand, pv took or notice of any kind; or
<br />(c) At any time. with oz without nom ehher%m won, by agent. or by ravgses, to be appointed by the0oaitt without regard
<br />the adequacy ofanysemvityforth* bvcW�Nednem *bqured hereby, enter. apca: emd' tskeposseeropnofeschlmpertyoranypart
<br />thereof,mak%cancel . enforaoieaoda't � rr ebWn and eject
<br />2enrasyr .ere @as�adifYteats diaitaowririidmerueorothe:Mriae
<br />collect the cents, income, issues azr gcclfi3t .n�,. including t)airai :;'si+s�d unpaid; a0 apply the some. less costa and
<br />ezpenssaofoperation , including reariui�eai' �ifees.upoia ry;mire t aasecuredherebyondino-AchorderasBene-
<br />frciaryaway determine; and except foreuch appi gWkm. Beneficiary sh:dn�, t able to any person fortPo,re%callection or non -
<br />collection of any rents, income, issues-or profits for the failure to assert aces ihris any of the foregoing d6ci. nor shall Bene•
<br />fidary be charged with any of the duivi and obligations of a mortgiiges W pmiviiasion. The entering upon and taking pom es-
<br />sloo of such property, the collection,rGnuch rents, income, issues or profits, the doing of other acts herein authorized, ac3 the .
<br />application thereof asaforsaaid, sham not cure orwaiveanydefaultor notice ofdatevithersunderor invalidate any aa .+tr&a*� :..
<br />pursuant to such notice; or
<br />(d) Cause to be frtedof record, awritten notiesof defaultandelection tosell such property. After the lapse of such time a�;hen
<br />may berequired by law following rewdation of such noticeof default, and notice ofsalehaving been given asrequirG#1 haw,
<br />Trusts, without demand on Trustee *all sell such property. either u a whole or in separate parcels, and in such crairisiitor
<br />Beneficiary may detennrine at publcc suction to the highest bidder. The Trustee may postpone the sale of all or tiny *r1i an of
<br />such property by public anrouncement at the time of sale. and from time to time thereafter. may postpereGT! ^.osaveL-y: Pwblie
<br />announcement at the time and place fixed by the proceeding postponement. Trustee shall deliver to such purchases,,.: deed
<br />conveying the property so sold. withoutany covenant or warranty, express orimplied. The recitial in such deedof any, Matters
<br />of factor otherwise shall be conclusive proof of the truthfulness thereof. Any person, including Trustor. Trustee or Benefid-
<br />ary. may purchase at said sale. Trustee may also sell at any such sale and as apart thereof, any shares of corporate stock secur-
<br />ing the obligation secured hereby. and Trustor waives demand and notice of such sale. (llenefrciary at its option may also
<br />foreclose on such shares by independent pledge sale, and Trustor waives demand of notice of such sale.) After deducting all
<br />coats, fees and expenses of Trustee, and of this trust, including cost of evidence of title in connection with such sale, Trustee
<br />shall firstappiy the proceeds of sale to the payment of all sums expended under the terms hereof, not then repaid, with accrued
<br />interest atthe rate then payable underthe note or notes secured hereby. and then to payment of all othersums secured hereby,
<br />and it thereafter there be any proceeds remaining, distribute them to the person or persons legally entitled thereto.
<br />If this Deed of Trust wx -r-.y rote secured hereby provides forany chargefor prepwymentofany indebtedness secured hereby,
<br />Truster agrees to pay said dl jiir:gp., if anyof said indebtedness shall be paid prior to the maturitydmte thereof stated in said note
<br />or this Deed of Trust. even if %oh Y%A*ithstanding Trustor shall have defaulted in payment thereof. or in performance of any
<br />agreement hereunder, and Benefic�auy by reason thereof, shall have declared all sums secured hereby immediately due and
<br />payable.
<br />SCHEDULE OF LEASES., Within ten (10) days after demand. Trustor shall furnish to Trustee or Beneficiary a schedule.
<br />certified by Trustor, setting forth all lesson of such property. including. in each cars. the name of the tenants or occupants, a
<br />description of the apace occupied by sack tenant and occupant, the rental payable for such space and such other information
<br />and docurAnts with aspect to such leases and tenancies as the Trustee or Beneficiary may request.
<br />COVENANTS OF TRUSTOR WITH RESPEr°;7 TO LEASES. Without the prior written consent of Trustee or Beneficiary,
<br />Trustor shall not. directly or indirectly; with respect f�; any tease of apace in such property, whethersuch lesmisnotor hereof
<br />terter fit existence: (a) accept or permitimy prepaymr t; discount or advance payment of rent thereunder. (b) cancel or termi.
<br />nate tlr,e esme. or accept any carcadlation, termiratkm or surrender thereof, or permit any event to occur which would entitle
<br />the lemon thereunder to terminate cr cancel the seme -, i ) amend or modify the some so as to reduce thetenn thereof, therenta)
<br />peyxiilc thereunder. or to change a" is renewal pinvisi, -3ne therein contained; (d) waive any default thereunder or breech threaf;
<br />(e) givrany consent, waiver or ogprrivat thereundefor take any other action in connection therewith, or with a lessee thereun
<br />der, which. would have the effect of impairing the value of lessors interest thereunder or the property subject thereto, orof im•
<br />pairing the position or Internet of tho'Esustee or Beneficiary, or (f) sell. assign, pledge, mortgage or otherwise dispose of, or
<br />encumber its interest in any said !eww or any rents. issues or profits issueing or rising thereunder.
<br />DUTIES OFTHETRUBTEE- Trustor agrees that; (s) theduties andobligstions of Trusteesholl be determined solelyby the
<br />express provisions of t%i Used ofd.rat and thsTrustee shall not be liable except forthe performanceof ouch duties and oblige -
<br />tione as ore specifically set forth hereto. and no implied covenants orobiigationseliall beimpooed upon theTrustee; (b) no pro-
<br />of this Dead of'irrustshall regaireTivanto expendorrisk itsown funds.or otherwise incurany financialobligation in the per-
<br />formance of any of its duties herearider. or in the exercise of any of its rights or powers, if it @hall have grounds for believing
<br />that the repayment of such funds ere adequate indemnity against such risk or liability is not reasonably nasured toil; (c)Trwt-
<br />a may consult with counsel of its own choosing and the advise of such counsel shall be full and camp Este authorization and
<br />piuteci. in the se@pect of any action taken or suffered by it hereunder in good faith and in reliance Hereon; (d)Truateeshall
<br />not be liable for any action taken by it in good faith and reasonably believed by it to be authorized w within the discretion or
<br />eighty cri paws cur,fened upon is bi thia Dead of Trust.
<br />L TRUSTEE'S FEES: Taurean expressly covenants and agrees to pay and discharge all cost, fees and expenses of this lked of
<br />Tract. Including in the event of sale by theTrwtm olouch property.lheTroatee'e costs, expenses and fees, which tea shall not
<br />exceed tiwoo plus I/# of 1% of the amount secured hereby mod remaining unpaid.
<br />SUE ST1TUTION OF TRUSTEE: That Beneficiary may, from time to lime, by instrument in writing, substitute a successor
<br />orsucemorce to any Tovet" named herein oracting hereunder. which instrument. executed and acknowledged by Beneficiary
<br />and recorded in theoffietof theregiatee ofdeede of thecounty orcounties where such property is situated, shall be conclusive
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