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<br />89.._ 102943
<br />1f Covenants of Truster with Ftospoct to Leases Without the prior written consent of Beneficiary, Trustor shall not, directly or indirectly,
<br />with respect to any lease of space In the Trust property• or any portion thereof, whether such lease is now or hereafter in existence'
<br />(a) Accept or permit any prepayment, discount or advance payment of rent hereunder In excess of one month,
<br />(b) Cancel or ferminato the saino, or accept ant, cancellation, termination or surrender thereof, or permit any event to occur which would
<br />occur thereunder to terminate or cancel the same. other than termination for nonpayment of rent.
<br />(ct Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give"consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />would have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />position tv interest of Beneficiary therein, or
<br />(f) SO, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues, profits issuing
<br />or arising thereunder.
<br />17. Waiver of Statute of limitations. Time is of the essence in ail of Trustor's obligations and duties hereunder: and to the extent permitted
<br />by law. Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />18. Assignment of Deposits. in the event construction of improvements is contemplated by the lour. evidenced by the Note secured
<br />hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all
<br />monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />any other body or agency, for the installation or to secure the installation of any utildy by Trustor, pertaining to the Trust Property,
<br />19. Corporation or Partnership Existence. If Trustor is a corporation, general partnership, or limited partnership, it will do all things
<br />necessary to preserve its corporate or panw.ef PIP existence, as the case may be. and all rights and privileges under the laws of the
<br />state of its incorporation or organization.
<br />20. Forbearance by Beneficiary Not a waiver. Any forbearance by Beneficiary in exercising any tight or remedy hereunder, or otherwise
<br />afforded by applicable law, shall riot be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />insurance or the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to
<br />accelerate the maturity of the Indebtedness.
<br />21. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or all orded by law W equity, and may be exercised concurrently, independently or successively.
<br />22. Successors and Assigns Bound: Joint and Several Uability; Captions. The covenants and agreements herein contained shall hind, and
<br />the rights hereunder shall inure to, the respecfive successors and assign& at Beneficiary, Trustee, and Trustor. All covenants and
<br />agreements of Truster shall be joint and s%em'. The captions and headiscgs of the paragraphs of this Deed of Trust are for
<br />convenience only and are not to be used to rirTt3r'pret or define the provisions hereof.
<br />23. nrvdt:e. Except for any nonce requued crude/ applicable law fo.be given in another manner, (a) any nonce to TrUs0.X provided for in this
<br />Deed of Trust shall be given by maag Such notice by ce>~I "i" mail• return receipt requested addressed to 7=4r- at its mailing
<br />address set forth above or at such ome: adatm —s as Truster.TMray desig,,? e, by notice to Beneficiary Qs prov{de1 herein, anr5 (b) any
<br />n.7tice to Beneficiary or Trustee shall bbe green by certified mail, return receipt requested, to Beneficiary ,$ and Trustee's maifrrcg
<br />address stated herein w to such other aa►e►tess as Beneficiary or Trustee rray designate by notice to Truster as Pmvided herein. Any
<br />notice provided for in this Deed of Trust shall be deemed to have been giver to Trustor, Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />21. Governing Law; Severabilrfy. This Dfred of Tryst shall be Governed by tha rarw s or the State Q/ N.eb.•.°.oPm rn the eYers arr pr.isior. r„
<br />r swv vi this Dow of Trust conflicts with afPl!cable law, such conflict she„ not affect other provisiarrs; of this Deed of Trust wplich can
<br />bn given effect without the conNicting provisions and to this end the provisions of this Deed of Trust ere declared to be sevam&e.
<br />25. Events ul Default. Each of the following t>r t r,rrpnfwc shArr rmstitute an event of default hereunder, (l:efelrratfer caired an `tirenr
<br />of Default"):
<br />(a) Trustor shall fail to pay when due any principal, interes'. ormxncipal and.lnterest on the lndebtedrress,
<br />(b) Any warranty of trite made by Trustor herein sioza be un4 Ira:
<br />(c) Trusts shall fall to observe or perform any of.tlie ,,�Ovenanfs, agreerrrer,-;� or conditions In th(s Deed t Trust,
<br />(d) Any representation or warranty nTade by Trusty on any f ra oral statements or reports submitted to Beneficiary by or on behalf of
<br />Tiustor shall prove false or mattQ. AV misleading,
<br />(e) Trustor shall fail to perform or observe any of the covenarts, •conditions or agreements contained L,: pr binding upon Trustor under
<br />any building loan agreement, security agreement, loan agreement, finamng statement, or any sate 'agreement. instrument or
<br />document executed by Trustor in connection with the loan evidenced by the Note,
<br />M A trustee, receiver or liquidator of the Trust Property or of 7 fustor shall be appointed, or any of the creditors ctr Trusl0r shall file a
<br />petition in bankruptcy against Truster, or for the reorganization of Trustor pursuant to the Federal Bankruptcy. Code, or any similar
<br />law, whether federal or state. and if such order or petition. Slrc tt not be discharged or dismissed within thirty (30) days after the date
<br />on which such order or petition was filed.
<br />(g) Trustor shall hie a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or If Trustor shall be
<br />adjudged a bankrupt, or be declared insolvent, or shall make an assignment for the benefit of creditors, or shall admit in writing its
<br />Inability to pay its debts as they become due, or shag corsenr to the appointment of a. receiver of all or any part of the Trust Property,
<br />(h) Final judgment for the payment of money shall be tendered against Trustor and Trustarshag not discharge the same, or cause it to
<br />be discharged, within thirty (30) days after the entry thereof, or shag nct-appeal therefrom or from the order, decree or process upon
<br />Which or pursuant to which said judgment was granted, based, or enrefed, and secure a stay of execution pending such appeal,
<br />(1) Trustor shag sell or convey the Trust Property, or any part thereof, or anyiriterest therein, or shall bs.dtvesled cif its title, or any interest
<br />therein. In any manner or way, whether voluntarily or involuntarily, without the written consent of Beneficiary be ng first had and
<br />obtained, or
<br />0) H Trustor is a corporation or partnership and more than fifty percent (50%) of the shares or beneficial interests In 'such corporation or
<br />part►►ershrp, as the case may be, shall be transferred or conveyed, whether voluntanty or involuntarily, without the written consent of
<br />Benehciary being first had and obtained.
<br />26. Acceleration of Debt; Forectvsure. Upon the occurrence of any Event of Default, or any time thereafter. Beneficiary ,may, at its option,
<br />declare all the indebtedness secured hereby immediately due and payable and the same shall bear interest at th.e. default rate, if any.
<br />set forth in the Note, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises said option, it
<br />may, at its option and in Its sole discretion, without any further notice or demand to or upon Trustor, do one or more of the following,
<br />(a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property of any part thereat make repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without taking
<br />possession, in its own name. sue for or otherwise collect and receive rents. issues and profits, including thosa past due and unpaid.
<br />and apply the same, less costs and expenses of operation and collection, Including reasonable attorney fees and Beneficiary's
<br />costs, upon me Indebtedness secured hereby and in such order as Beneficiary may determine Upon request of Beneficiary. Trustor
<br />shag assemble and shall make available to Beneficiary any of the Trust property which has been removed The entering upon and
<br />taking possession of the Trust property, the collection of any rents, issues and profits. and the application thereof as aforesaid. shah J
<br />nal cure or waive any default theretofore or thereafter occurring, or affect any notice of default or notice of sale hereunder or
<br />invalidate crny Oct done pursuant to any such notice Notwithstanding Beneficiary s continuance in possession or receipt and
<br />ehnlrcahon of rents. Issues or prohrs, Bonefrr lary shall be ent.wed to exercrce every fight provided fora 1 this Deed of Trust or by law
<br />armn or after the orrurrfirlce of an Event of delau/r arelud;ng the tight to CrerCrSe the power of sate tiny of the rtC.l,Uns r�1Pr ed fn rn
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