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r • �L • 1 89- 104806 hereby secured shall become ""d..be immediately due and payable at the option of Beneficiary; pro* 'ided, however, Beneficiary may waive such option to accelerate:!if,. prior to such sale, transfer or conveyance or contract there €Cl;.Beneficiary and the person to whom the property is to bey sold.,ar transferred reach an agreement in writing that the credit of: ,such person is satisfactory to Ben- eficiary and that the interest payable on the sums secured by this Deed of Trust shall be at'such -rate as Beneficiary shall re- quest. THIRD: That as further security for the payment of the Note and the indebtedness -thereby evidenced and the performance of all of the terms, covenapts_ and conditi.�s hereof, Trustor agrees that Beneficiary s x I £..and does bereby.. have the right, power anw:..:` authority duriitg._the.: intfnu ee ok-•. is teed of Trust to collect the rents, issues. - and profits ±af .the.`•'�rop�Yty and of any, personal - property located thereon `with or w£ttbut taking possessioh of the property affected� th:.by; and Trusts hereby absolutely and un- conditionally:assigns all such rents, issues and profits to -ficiary. Beneficiary, however, hereby consents to TrustQ.r"ls ;��- lection and retention of such rents, issues and profits as,they accrue and•Pafable�so long as trustor is not at such time in de-.. fault with respect to payment of any indebtedness secured hereby or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, by agent, or by receiver to be appointed by a court without notice and without regard to the adequacy of any security for the indebted- ness hereby secured (a) enter upon and take possession of the Property or any part thereof and in its own name sue for or oth- erwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney2t fees, upon any indebtedness secured hereby and in such order as Beneficiary mAy, determine; (b) lease the same or any part' thereof for such rental, term and upon such conditions as •Benefi- ciary's. judgment may dictate or terminate or adjust the terms and conditions of any existing lease or leases. Unless Trustor and* Beneficiary agree otherwise in writing, any application of. rents, issues or profits to any indebtedness secured hereby shalI not extend or postpone the due date of the installment paymente. -.as. provided in the Note or change the amount of such installments..' The entering upon and taking possession of the Property, the cot lection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any defaults or no- tice of default hereunder, or invalidate any - act done pursuant to .such notice. Trustor assigns to Eeneficn�Bry, as further security for the performance of the indebtedaeess amd•obligations secured hereby, all prepaid rents arA all moneys which may have been,or may hereafter be deposited with Trustor by,any lessee of the 'Property, to secure the payment of any rent or damages, and upon. default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of-Beneficiary's exercise of the rights granted by this paragraph THIRD to any tenant occupying the Property or any portion thereof shall be sufficient to re- quire said tenant to pay said rent to Beneficiary until further notice. FOURTH: If there shall be filed by or against the Trustor any pet�it�on or proceeding seeking an arrangement or composition or extension or any other relief under or pursuant to the Federal Bankruptcy Code or any other'similar statute as now or hereafter in effect, or if the trustor shall be adjudicated bankrupt or in- solvent or any of Trustor's property shall have been sequestered and such decree shall have continued undischarged and unstayed for ninety (90) days after the entry thereof, then the whole of the Note and indebtedness hereby secured shall, without notice, at the option of the Eenefi6i6ry become due and payable. n u z