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<br />16. Covenants of Trustor with Respect 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 tease 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 terminate the samw, or accept any cancellation, termination or surrender thervof, or permit any event M occur which would
<br />occur thereunder to terminate or cancel rite same, other than termination for nonpayment of rent,
<br />(c) Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions
<br />tfferein contained,
<br />C ? (d) Waive any daft* thereunder or breach thereof.
<br />(w) Give any cwmwt waiver or approval thereunder or take any other action In connection therewifh, or with a lessee thereunder, which
<br />Q would have Me whyct of impairing Me value of fife fessor's Interest thereunder or the property subject Mwelp, or of impairing the
<br />ca position or korost of Senef livy Mervin, of,
<br />O (R Sell, assign, pledge, mortgage or otherwise dispos.o of, or encumber tits Interest in any said lease or any rents, Issues, profits issuing
<br />or arising thereunder.
<br />17. Waiver of Statute of Li h tations. Time is of the essence in aN of Tnuror's
<br />by law, Trustor waives ate pn w or futon statutes of Nmdations With o Wt to any dotes hereunder; and ro the extent peurmi d
<br />respect ro any dsst demand a obligation secured he,:��^ a; a;f
<br />01i any action or procwed`ing Jeer Me purpose of enMrcing tMs Deed of Trust or any rights or remedies contained herein.
<br />I& Asslgnn►pnt of Deposits. In the event construction of Improvemerfts is contemplated by the ban evidenced by the Note secu . .
<br />her siby, as &*Wionef securely theieftm. Trustor hereby tranaWs and assigns to BemNclary. all right, No and ln*emt to any and alt
<br />mor** deposited by or on beltaN dace Truster with any city. county, pubkc body, or agency, sanitary district u6btyt company, and
<br />any other body or agency. M► Me instoftt*w or to secure the lnstaNation of any uoy by Trustor; pffWWng to the Trust Property.
<br />19. Caporatbn or Pawbhershilp Existence. 9 TruX• 0 a corporation, general partnership, or limited par ",ship, it will do ate thing
<br />necessary to pn"erve its corporate Of paRaerW40 existence. as Me case may be, and all rights and privileges under the laws c the
<br />state of Its incorporation or organize on.
<br />20 Fonbeacence by Seneftiery Not a i ibiver. Any forbearance ft' Beneficiary in exercising any right or remedy heremdw, or dhwrwise
<br />&*rded by alppNcable law, state noti be a waiver or or pre, rib the exercise of any such right or remedy. The proCAw ment cif • -
<br />khsuntecOa Me payrnwnt of Wes or the discharge of Hens orbhargws bfy SKIONdary Shaw not be a waiver of Beneftivy s rig "to
<br />accelerate the matwiy of the kwmWedr ess.
<br />21. Remwdi" Cumu/aMw. AN remedies. p OWded In INS Deed of Trust are distinct and cumWatibe to any other right or remedy ri cdatMis
<br />Deed of Trust or al kirded by law cac equity, and may be exercised concurrently, independently or successively.
<br />22. Succeeaors and Assigns Bound, • 4obt and Several Liability: Captions. The covenants and agreements herein contained shag bind, and
<br />the tights hereunder shah inus to, the respective successors and assigns of Senefidery. Trustee. and Trustor. AN covenants and .
<br />agreements of Trustor shall be Joint and several. The ca priors and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are no to be used to interpret or define the provisions hereof.
<br />23. Nblice, Except for any notice regtred under appkable law to be given in another manner, (a) any notice to Tmus$ia pt avrded for in this
<br />Deed of ?rust shall be given by ma*ng such notice by certr&ed mail, return receipt requ+ssted addressed to Trustanat its ma Nng
<br />address set MM above or of such other address as Trustor ray designate by notice to Beneficiary as provided! her eln, and (b) any
<br />no9c* to BenwAclary or Trust" shah be given by certified moil, letum recsipt requested, to Beneficiary's and Trustee's maf ing
<br />stated feetwinor to such other address as Bsnstidttry.,or Trustee •may designate by notice to Trustor as provided heroin. Any
<br />provkled t'o► in this laced o/ Trust shah be deemed i�t �hays been given ro Trustor, Beneficiary or Trust" when given M the
<br />nwhnter designated Iherein. -
<br />- - -�=. >�•:'•y :..:.:r . r::,: `.uiwryi.:a �din3fi w Tivsi b►`Niir w yostirne toy time laws of the JTaie of t7 lastt a. - to rife ev�►1t fifty prOVisiOf! or
<br />dauaw d this Dowd of. Tnai eorif�ts iviM opplFCable tow. such eaMiitet shall not affiet other provisions o /this Deed of Trust which can
<br />be given attract wiMocrt rite oanhttr'ctistq provisions and ro this end the provisions of this Deed o1 Trust are declared to be severable.
<br />26. Events of Default EaO of the fofvrving occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />Of DefaWt ):
<br />(a) Trustor shag fail to pay when due any principal, Interest o-r phncipal and interest on the Indebtedness,
<br />(b) Any warranty of tithe rmade by Trustor herein shall be untrue,
<br />(c) Trustor shall fag to owerve or perMnn any 00 Mae, covenants, agreeerwis, or conditions in this Deed of Trust,
<br />(d) Any representa don or warranty made by Trustor on any.Siariclal statements or reports submitted to Beneficiary lay or on f tM/ of
<br />Trustor shah prove false or materially misleading, . .
<br />(e) Trustor shah fail to perbrm or observe any of the covenan4% conditions or agreements contained in, or binding upon Trustor under
<br />My building ban ag►eerrhsnt secunty.agreement loan agAWMI. financing statement or any other agreement Instrument or
<br />document executed by Trustor in connectronn Aiith Me loan evidenced by the Note,
<br />(0 A bust", receiver or Nquidator of the Trust'pmperty or of Tnistor shall be appointed, or any of the creditors of Trustor shall file a
<br />petitiOn in bankruptcy against Frestor, or for the reotgardOOMn of Trustor pursuant to the Federal Bankruptcy.0ode, or any similar
<br />law, whether federal of state, acid If such order or pehhon 0.0 not be discharged or dismissed within thirty (300 days after the date
<br />on which such order or petition^) was filed,
<br />(g) Trustor shall file a p WUM pursuant to the Federal Bankruptcy Code a zany similar law, federal or state, or if Trustor shall be
<br />adjudged a bankrupt, a be' declared fnwh e+M or shall make an assign rent for the benefit of creditors, or shag admit in writing its
<br />inab*y to pay its debts as MeyG become due:.or shall consent to the appointment of a receiver of all or any parT6t the Trust luroperty,
<br />(h) RAW Judgment for the paymenfaf'money shag be rendetedegainst Trustor and Trus'W'' shall not discharge t/rer same, or caused to
<br />be ditdW ed, within► Minty (301 clays alter the entry OWMO�. or shall not appeal thetelrom or from the order. decree or process upon
<br />which or pursuant to which said judgment was granted, based, or entered, and secure a stay of, execution pending such appeal,
<br />t'i; '.Trustor shall SON ofcxs�vey the Trust Property,*- airy part thereat Of any Interest therein, or shalt be divested of its tide, or Otyinterest
<br />therelr;.in any maws pr way, r bW*r volaurtardy or involuntarily, widrout the written consent of Sooft ary belrtg first had and
<br />obtatma, or
<br />Q) N Treistdr is a corporation or par*wnhip and more than W percent (W%) of the shares or beneficist rntergsls.li? such corporation or
<br />partnership. as Me case may be, shaft be tanslfened or conveyed, whether voluntarily or involuntarily. wifhoilt ifie written consent of
<br />BW Wiclary being *first had and obtained.
<br />26. AcceNraWn of Debt; Foreclosure. Upon Me occurrence of any Event of Default, or any time thereafter, Beneficiary may, at its option,
<br />declare ON Mw k►debtedness secured hereby immediately due and payable and the same shall bear Interest at the default rate, if any,
<br />set kvM In the Note. Or Otntwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises said option, it
<br />'11101Y. at its qPOon and in its sole discroSon, wWW any further notice . or demand to or upon Trustor, do one or more of the foliow.ing:
<br />(a) OW— �lyciary may arKer upon, take possession of manage and operate the Trust Property or any part thereot, make repairs and
<br />A*waf m and do arty 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 those past due and unpaid,
<br />and apply the same, lwse coats and expenses of operation and col/echOn. including reasonable attorney fees and Beneficiary's
<br />COW upon Ihw kNkbbdrness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor
<br />SW "oembie and shaft make avagable to Seneficlery any of the Trust Property which has been removed. The entering upon and
<br />laYbng possession of the Trust Pn*Wry, the collection of any rents, issues and profits. and the application thereof as aforesaid, shad
<br />not cwe or waive any default theretofore or thereelter occurring, Of affect any notice of default or notice of sale hereunder or
<br />invaMdate any act dorms pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and
<br />applcaWn of rams, issues or profits. Benehc►ary shall be enblted to exercise every right provided !or in this Deed of Trust or bylaw
<br />upon Of all" the occurrence of an Event of Default. including the right to exercise the power of sale Any of the actions referred to in
<br />this paragraph may be taken by Beneficiary at such tome as Beneficiary may detelmme wlhnut regard to the adequacy (.'! ar
<br />security for the Indebtedness secured hereby
<br />lb) Ofnencrary shall wr!hout regard to the adequacy of any security for the Indebtodno ss sor•wrd hcirc by hc4 ennuarf to Iva
<br />Ppointrirent o1 a reG(N-ver by any ccurt havinglun,dVion without notice. ro tako posses -ion vt protect Awry man ilv it?v ";A?
<br />h`rOp trty and arierate tho �arnti ynd cUPact the rents, issues anri I)i& rs therefrern
<br />Ic) Fdfl+rel,Lrory may Grrrrg ait,( aCUnn rn tiny r,!Nr1f of GUrnpeterrt f 1 5ChCbUrr to fpref.'if 4(J this : r(�ttt1 rail Irb:► rn Pr��nr. r :r ' ir,n
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