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89 . 102'7'73
<br />or conveyance or contract therefor, Beneficiary and the person to
<br />whom the property is to be sold or transferred reach an agreement
<br />in writing that the credit of such person is satisfactory to Ben-
<br />eficiary and that the interest payable on the sums secured by
<br />this Deed of Trust shall be at such rate as Beneficiary shall re-
<br />quest.
<br />THIRDR 71;rat as further security for the payment of the Mote
<br />and tMe- ndrabtedpe:ss thereby evidenced and the performance of all
<br />of the terms, covenants and conditions hereof, Trustor agrees
<br />that Beneficiary shall aad_ does hereby have the right,, power and
<br />authority during the contirrra_ance of this Deed of Trust to collect
<br />the rents, issues and profits of the Property and of any personal
<br />property ;<ovated thereon with or without taking possession of the
<br />property ai:flcted thereby; and Trustor hereby absolutely and un-
<br />conditionally assigns all such rents, issues and profits to Bene-
<br />ficiary. -Me 'peficiary, however, hereby consents to Trustor's col-
<br />lection and iretention of such rents, issues and profits as they
<br />accrue and payable?" .so long as trustor is not at such time in de-*.
<br />fault with tespiict;. to payment of any indebtedn.es�,, ecured hereby,
<br />or i.n ftih.e pe'rformai-ce' of any agreement hereundet", Upon. tiny such..
<br />defau1t,,. Beneficiary may-at any time, either in.;�cai ,: by agent,
<br />or h!e Z�cefvezr to ' lie appointed by a court withot C . aci -tire and
<br />witth.aurt regard to the adequacy of any security. ;,fqr. the indebted -
<br />ness hereby secured (a) enter upon and take possession of the
<br />Property or any part thereof and in its own name sue for or oth-
<br />erwise collect such rents, issues and profits, including those
<br />past due and unpaid, and apply the same, less costs and expenses
<br />of operation and collection, including reasonable attorney's
<br />fee-, upon any i a'del-itodness secured hereby alyd in Such order as
<br />Beneficiary may determine; (b) lease the same or any part
<br />thereof for such rental, term and upon such conditions as Benefi-
<br />ciary's judgment may dictate or terminate or adjust the terms and
<br />conditions of any existing lease or leases. Unless Trustor and
<br />Beneficiary.agree otherwise in writing, any application of rents,
<br />issues or profits to any indebtedness secured hereby shall not
<br />extend'or p,,,�stpone..the due date of the installment payments as
<br />provided in the Note or change the amount of such installments.
<br />The entering upon and taking possession of the Property, the col-
<br />lection of such rents, issues and profits, and the application
<br />thereof as aforesaid, shall not waive or cure any default or no-
<br />tice.of default hereunder, or invalidate any act done pursuant to
<br />such notice. Trustor assigns, to Beneficiary, as further securit=y
<br />for the performance of the -%.*(:�,-_;ztedness and obligations secured
<br />hereby, all prepaid rents and all moneys which may have been ot.
<br />may hereafter be deposited with Trustor by any lessee of the
<br />Property, to secure the payment of any rent or damages, and upon
<br />default in the performance of any of the provisions hereof,
<br />Trustor agrees to deliver such rents and deposits to Beneficiary.
<br />Delivery of written notice of Beneficiary's exercise of the
<br />rights granted by this paragraph THIRD to any tenant occupying
<br />the-Property or any portion thereof shall be sufficient to re-
<br />qmiz -e.' said tenant to pay said rent to Beneficiary until furthers
<br />notice.
<br />FOURTH: if there shall be filed by or against the Trustor
<br />any pet — on or proceeding seeking an arrangement or composition
<br />or extension or any other relief under or pursuant to the Federal
<br />Bankruptcy Code or any other similar statute as now or hereafter
<br />in effect, or if the trustor shall be adjudicated bankrupt or in-
<br />solvent or any of Trustor's property shall have been sequestered
<br />and such decree shall have continued undischarged and unstayed
<br />for ninety (90) days after the entry thereof, then the whole of
<br />the Note and indebtedness hereby secured shall, without notice,
<br />at the option of the Beneficiary become due and payable.
<br />FIFTii: Upon default by Trustor in the payment of or perfor-
<br />M(Ancf• Of Y'the terms cirid conditions r,f thf- Notc-, or any r-vnc- teals,
<br />Modification!; of (,xertit i nnr_ thc•rt't:f, , 1 hf. pay —, (.r1t of in (,t ji�tit
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