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<br />and of any personal property located thereon with or without taking
<br />possession of the property affected thereby; and Trustor hereby absolutely
<br />and unconditionally assigns all such rents, issues and profits to Beneficia-
<br />ry. Beneficiary, however, hereby consents to Trustor's collection and
<br />retention of such rents, issues and profits as they accrue and become payable
<br />so long as Trustor is not at such time in default with respect to payment of
<br />any indebtedness secured hereby or in the performance of any agreement
<br />hereunder. Upon any such default, Beneficiary may at any time, either in
<br />person, by agent, or by receiver to be appointed by a court, without notice
<br />and without regard to the adequacy of any security for the indebtedness
<br />hereby secured (a) enter upon and take possession of the Property or any part
<br />thereof and in its own name sue for or otherwise collect such rents, issues
<br />and profits, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection, including reasonable
<br />attorney's fees, upon any indebtedness secured hereby and in such order as
<br />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
<br />or terminate or adjust the terms and conditions of any existing lease or
<br />leases. Unless Trustor and Beneficiary agree otherwise in writing, any
<br />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
<br />provided in the Note or change the amount of such installments. The entering
<br />upon and taking possession of the Property, the collection of such rents,
<br />issues and profits, and the application thereof as aforesaid, shall not waive
<br />or cure any default or notice of default hereunder, or invalidate any act
<br />done pursuant to such notice. Trustor assigns to Beneficiary, as further
<br />security for the performance of the indebtedness and obligations secured
<br />hereby, all prepaid rents and all moneys which may have been or may hereafter
<br />be deposited with Trustor by any lessee of the Property, to secure the
<br />payment of any rent or damages, and upon default in the performance of any of
<br />the provisions hereof, Trustor agrees to deliver such rents and deposits to
<br />Beneficiary. Delivery of written notice of Beneficiary's exercise of the
<br />rights granted by this paragraph THIRD to any tenant occupying the Property
<br />or any portion thereof shall be sufficient to require said tenant to pay said
<br />rent to Beneficiary until further notice.
<br />FOURTH. If there shall be filed by or against the Trustor any petition
<br />or proceeding seeking any arrangement or composition or extension of any
<br />other relief under or pursuant to the Federal Bankruptcy Code or any other
<br />similar statute as is now or hereafter in effect, or if the Trustor shall be
<br />adjudicated bankrupt or insolvent or any of Trustor's property shall have
<br />been sequestered and such decree shall have continued undischarged and
<br />unstayed for 90 days after the entry thereof, then the whole of the Note and
<br />indebtedness hereby secured shall, without notice, at the option of the
<br />Beneficiary, become due and payable.
<br />FIFTH. Upon default by Trustor in the payment of or performance of the
<br />terms and conditions of the Note, or any renewals, modifications or
<br />executions thereof, the payment of any other indebtedness secured hereby or
<br />in the performance of any agreement, covenant or warranty herein contained or
<br />set forth in any agreement or instrument executed by Trustor in connection
<br />with the indebtedness hereby secured, Beneficiary may declare all sums
<br />secured hereby immediately due and payable and the same shall thereupon
<br />become due and payable without presentment, demand, protest or notice of any
<br />kind. Thereafter, Beneficiary may deliver to Trustee a written declaration
<br />of default and demand for sale. Trustee shall have. the power of sale of the
<br />Property and if Beneficiary decides the Property is to be sold, it shall
<br />deposit with Trustee this Deed of Trust and the Note or notes and any other
<br />documents evidencing expenditures secured hereby, and shall deliver to
<br />Trustee a written notice of default and election to cause the Property to be
<br />sold, and Trustee, in turn, shall prepare a similar notice in the form
<br />required by law, which shall be duly filed for record by Trustee.
<br />(a) After the lapse of such time as may be required by law following
<br />the recordation of Notice of Default, and notice of Default and Notice
<br />of Sale having been given as required by law, Trustee, without demand on
<br />Trustor, shall sell the Property hereinbefore described, and any and
<br />every part thereof, in separate parcels or en masse as the Trustee may
<br />elect and in such order as Trustee may determine on the date and at the
<br />time and place designated in said Notice of Sale, at public auction to
<br />the highest bidder, the purchase price payable in cash in lawful money
<br />of the United States at the time of sale. The person conducting the
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