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<br />precedence over the lien hereof; (f) to pay on demand all legal expenses,
<br />title searches, appraisal or attorneys' fees reasonably incurred or paid by
<br />Beneficiary to collect the Note or foreclose or protect the lien of this
<br />Deed of Trust; (g) that in the event Trustor shall fail to comply with the
<br />provisions of (a) through (f) above, the Beneficiary may expend such funds
<br />and take such action as is necessary to remedy such failure and all sums
<br />paid by the Beneficiary pursuant hereto with interest at the rate herein-
<br />after provided shall constitute a lien upon the Property, shall be secured
<br />by this Deed of Trust, and shall be immediately due and repayable to the
<br />Beneficiary; (h) not to sell the Property or any portion thereof without
<br />the approval of the Beneficiary in writing; and in the event of any sale
<br />herein prohibited, then the entire indebtedness secured by this Deed of
<br />Trust shall, at the option of the Beneficiary, become due and payable; (i)
<br />that if the Property or any part or parcel thereof shall be taken or
<br />damaged under the power of eminent domain, the award for any Property so
<br />taken or damaged (including severance damages to the remaining premises)
<br />shall be paid to the Beneficiary and applied in full or in part at the
<br />option of the Beneficiary in reduction of the indebtedness hereby seguredg
<br />(j) that the Beneficiary shall have the right to inspect the Property at
<br />such reasonable times as the Beneficiary may desire to determine Trustor's
<br />compliance with the covenants contained in this Deed of Trust; (k) that the
<br />Beneficiary may release from the lien hereof any part or parcel of the
<br />Property without requiring any consideration therefor, and (1) that Trustot
<br />is lawfully sQized of said premises and Property in fee simple, that the
<br />same are free from all liens and encumbrances except as may otherwise be
<br />specifically noted he'ire=in or waived in writing by the Beneficiary; that
<br />Trustor will execute or procure any further necessary assur'Aces of title
<br />and does .hereby warrant generally the title to said Property-and will
<br />forever defend the same against the claims and demands of all persons
<br />whomsoever, and that Trustor's.separate estate, whether vested, contingent
<br />or in expectancy, is hereby conveyed and Trustor does hereby expressly
<br />waive, release all rights and hnnnfi.ts of any homestead, dower, curtesy,
<br />appraisement, exemption and,stay laws of this state. It is agreed that the
<br />interest provided for in subsection (g) above shall be at the same rate as
<br />specified in the Note secured hereby on the principal thereof after default
<br />and maturity.
<br />SECOND.- In' the event Srustor, without the prior written consent of
<br />Benefsc any shall sell, transfer or convey or contract to sell, transfer or
<br />convey the Property, or any part thereof or any interest therein, , the .'.'.
<br />entire balance of the indebtedness hereby secured shall.becarie and'he.
<br />' immediately due and payable at the option of Beneficiary; pr©vided, how -.
<br />ever, Beneficiary may waive - "such option to accelerate if,'prior td °such
<br />sale, transfer or conveyance or contract therefor, Beneficiary and..'the
<br />,person to whom the property is to be sold or transferred reach an agreement
<br />in writing that the credit of such person is satisfactory to Beneficiary
<br />and that the interest payable on the sums secured by this Heed of.Trust
<br />shall be at such rate as Beneficiary shall request.
<br />THIRD: As further security for the payment of the Note and the
<br />indebtedness thereby evidenced and the performance of all of the terms,
<br />covenants and conditions hereof, Trustor agrees that Beneficiary shall and
<br />does hereby have the rig n
<br />ht, power and authority during the continuance ce of
<br />this Dead. of Trust to collect the rents, issues and.profits of the Property
<br />and of ally personal property located thereon with or without taking pos-
<br />session of the property affected thereby; and Trustor hereby absolutely and
<br />unconditionally assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, however, hereby consents to Trustor's collection and retention
<br />of such rents, issues and profits as they accrue and become payable so long
<br />as Trustor is not at such time in default with respect to payment of any
<br />indebtedness secured hereby or in the performance of any agreement here-
<br />under. 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
<br />part thereof and in its own name sue for or otherwise collect such rents,
<br />issues and profits, including those past due and unpaid, and apply the
<br />same~, less costs and expenses of operation and collection, i.ncludinn
<br />reasonable: attorney's fees, upon arty indebtedness secured fie.•reby .in(? 1:1
<br />rnuah order as BenF'ficiar'y' in,ty deterr1iirt(•; (b) lva!--v the• same t)r in,_; part
<br />+he!reof for t:urli nn,t ii i , t( -rr1l and tgg)n SuCh --ondi f 1 C7w •i: 1•f'fIE f 1 t" i . +1
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