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104982
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<br />( d ,I Trustor 0 haiRraud. permitted or suffered, voluntarily or involuntarily, any creditor to obtain a lieet not
<br />pennitled herein upon .al! or part of such property. Truster or any guarantor ofathe indebtedness secured hereby shall
<br />become insolvent of admit in writing its inability to pay its debts asthey mature. or make an assignment for the benefit of
<br />creditorsorapply fgrair4vnwnttotfte appointniontof a receiverortnrsteefor itorforasubstantWpartof such property. or
<br />such a'receiverpr- trusteeehall be appointed'and shall not be discharged within thirty-(30) days after appointment; or
<br />��e) A* tito4xecutlonoraff achmentoranysimitarprocessshaSbeissuefdarleviedagains talloran partoforinterest
<br />In such property,oranyjudgment involving monetary damages shall 0eenteredagainstTrustorwhichshall become alien
<br />on such propdriyor portion thereof or interest therein and such execution, attachment o►simifar process or judgment is not
<br />released,. bondod. satisfied, vacated or stayed within sixty ( 60 } days after its. entry or levy; or
<br />(f) BAnkruptcy, insolvency. reorganization. a►rangemertt. or.iiquidation proceedings or other proceedings for relief
<br />T - under any balnkruptcy law or other lave #or the relief of debtors shall be instituted by or against trustor or any Guarantor
<br />-hereof and it nstitutedagainstsuchpartyshailbeconsentedtoorshalln6tbe dismissed within sixty( 60 ) daysaftersuch ,
<br />institution; or
<br />( g } Trustor or any successor in interest of Trustor, voluntarfiy or involuntarily should sell, exact .convey, transfer.
<br />contract to sell, lease with _option -to Purchase, sublease, dispose of, change the character or use of, or further encumber
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<br />such propWy.or any part 11mrsof, or any_interesttherein , or if any sold parties shall be divested of tide to such real property
<br />of any part thereof; or any interest either voluntarily or involuntarily, or if title to such property be subjected to any lien or
<br />. ' .charge voluntarily or involuntarily, contractual or statutory,, without the written consent of Beneficiary being first had
<br />obtained, or . .
<br />( h ) If Trustor isapartnershipandtheinterestofa general partnerterminates, isassignedor transferred. orisdiminished
<br />} in any respect or itTrustorisecorporation and a majority ofthevotingcorporatestockistrans ferred, sold crassigned.vrif
<br />the Trustor is a Trustee of a trust and there is a change of any of the Beneficial interest of the trust; or
<br />( i ) Trustor shall, withautthe consent of Beneficiary, create or conseritto the establishment of adIstrict which hastaxing
<br />powers.
<br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: in the event of any default hereunder, Beneficiary may. at
<br />Its option.:
<br />( a ) Terminate additional advances, if any, to be made under or pursuant to the Promissory Note or any building loan
<br />agreement; or
<br />( b ) Declare any sum secured hereby immediately due and payable and the same shall there upon become due and
<br />payable without any presentment, demand, protest or notice of any kind; or
<br />( c ) At any time, with or, without notice, either in person, by agent, or by receiver to be appointed by the Court without
<br />regard to the adequacy of any security for the indebtedness secured hereby, enter upon and take possession of such
<br />property orany part thereof, make, cancel, enforce or modify leases; obtainand ejecttenants, set or modify rents; In Its own
<br />name sue orotherwise collectthe rents, income, issues and profits thereof, including those past due and unpaid; and apply
<br />the same. less costs and expenses of operation, including reasonable attorney's fees, upon any-indebtedness secured
<br />hereby and in such order as Beneficiary may determine; and except for such application, Beneficiary shall not be liable to
<br />anyperson for the collection or noncollection of any rents. income, Issues or profits for the failuretoassert orenforce any of
<br />the foregoing rights, nor shall Beneficiary bycharged with any of the duties and obligations of a mortgagee in possession.
<br />Theentering upon and taking possession of such property,the collection of such rents, income, Issues or profits, the doing
<br />of other acts herein authorized, and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done pursuant to such notice; or
<br />( d ) Cause to be filed on record. a written notice of default and election to sell such property. After the lapse of such time
<br />as then. may be required by law following recordation of such notice of default, and notice of sale having been given as
<br />required by law, Trustee without demand on Trustor shall sell such property, either as a whole or In separate parcels, and in
<br />such order as It or Beneficiary may determineat public auction to the highest bidder. The Trustee may postpone the sale of
<br />all or any portion of such property by public announcement at the time of sale, and from time to time thereafter. may
<br />postpone the sale by public announcement at the time and place fixed by the proceeding postponement. Trustee shall
<br />deliver to such purchaser its deed conveying the property so sold, without any covenant or warranty, express or implied.
<br />The recital In such deed of any matters of factor otherwise shall be conclusive proof of the truthfulness thereof. Any person.
<br />Including Trustor. Trustee or Beneficiary, may purchase at said sale. Trustee may also sell at any such sale and as a part
<br />thereof, any shares of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice.of
<br />such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge sale. and Trustor waives
<br />demand of notice of such sale.) After deducting all costs, fees and expenses of Trustee, and of this trust, including cost of
<br />evidence of title in connection with such sate. Trustee shall first apply the proceeds of sale to the payment of all sums
<br />expended under the terms hereof. not then repaid, with accrued interest at the rate then payable under the note or notes
<br />secured hereby. and then to payment of all other sums secured hereby, and if thereafter there be any proceeds remaining,
<br />distribute them to the person or persons legally entitled thereto.
<br />If this Deed of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness secured
<br />. _..: hereby. Trustor agrees to pay said char e� if any of Said indebleditess strrtii be paid prior tv tho maiutit-y da o tha- eo auted '
<br />in said note or this need of Trust. even it and notwithstanding Truster shall have defaulted in payment thereof, or in
<br />performance ofanyagreement hereunder, and Beneficidry by reason thereof. shall have declared all sums secured hereby
<br />Limmediately due and payable.
<br />SCHEDULE OF LEASES: Within ton( 10 ) days after demand. Trustor shall furnish to trustee or Beneficiary a schedule,
<br />certified byTrustor, setting torth all leases of such property, including, in each case, the name of the tenants or occupants, a
<br />description of the space occupied by such tenant and occupant, the rental payable for sdch space and such other
<br />inf6imatiort and documents with respect to such leases and tenancies as the Trustee or Bereficiary may request.
<br />COVENANTS OF TRUSTOR WITH RESPECT TO LEASES- Without the prior written consent of Trustee or 81�neficiary.
<br />Trustor shall not; directly r indirect) , 'With-res� ect to an� � fbasn bf 5pac& in suth � idpei ' ' .. is riot or
<br />Y Y p Y p ty, v�hether such 1ea56
<br />hereafter in existence.( a ) accept or permit any prepayment, discount or advance payment of rent thereunder. ( b ) cancel
<br />or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to Occur whith
<br />vlouldentitletheiesseethereundertoterminate ©r cancel the sarner( c )amend or rnodify the same so autur€duLe the teim
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