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202004743
<br />SECOND. In the event Trustor, without the prior written consent of Beneficiary, shall sell,
<br />transfer or convey or contract to sell, transfer or convey the Property, or any part thereof or any
<br />interest therein, except as previously authorized, or required by Pinnacle Bank, the entire balance of
<br />the indebtedness hereby secured shall become and be immediately due and payable at the option of
<br />Beneficiary; provided, however, Beneficiary may waive such option to accelerate if, prior to such
<br />sale, transfer or conveyance or contract therefor, Beneficiary and the person to whom the property is
<br />to be sold or transferred reach an agreement in writing that the credit of such person is satisfactory
<br />to Beneficiary.
<br />THIRD. Subject to the rights of Pinnacle Bank, trustor agrees that Beneficiary shall and
<br />does hereby have the right, power and authority during the continuance of this Deed of Trust to
<br />collect the rents, issues and profits of the Property and of any personal property located thereon with
<br />or without taking possession of the property affected thereby; and Trustor hereby absolutely and
<br />unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however,
<br />hereby consents to Trustor's collection and retention of such rents, issues and profits as they accrue
<br />and become payable so long 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 hereunder. Upon any such
<br />default, Beneficiary may at any time, either in person, by agent, or by receiver to be appointed by a
<br />court, without notice and without regard to the adequacy of any security for the indebtedness hereby
<br />secured (a) enter upon and take possession of the Property or any part thereof and in its own name
<br />sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and
<br />apply the same, less costs and expenses of operation and collection, including reasonable attorney's
<br />fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine; (b)
<br />lease the same or any part thereof for such rental, term and upon such conditions as Beneficiary's
<br />judgment may dictate or terminate or adjust the terms and conditions of any existing lease or leases.
<br />Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, issues or profits
<br />to any indebtedness secured hereby shall not extend or postpone the date of the closing as specified
<br />in the Agreement, unless agreed to by the parties of the Agreement. The entering upon and taking
<br />possession of the Property, the collection of such rents, issues and profits, and the application
<br />thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate
<br />any act done pursuant to such notice. Trustor assigns to Beneficiary, as further security for the
<br />performance of the indebtedness and obligations secured hereby, all prepaid rents and all moneys
<br />which may have been or may hereafter be deposited with Trustor by any lessee of the Property, to
<br />secure the payment of any rent or damages, and upon default in the performance of any of the
<br />provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of
<br />written notice of Beneficiary's exercise of the rights granted by this paragraph THIRD to any tenant
<br />occupying the Property 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 or proceeding
<br />seeking any arrangement or composition or extension of any other relief under or pursuant to the
<br />Federal Bankruptcy Code or any other similar statute as is now or hereafter in effect, or if the
<br />Trustor shall be adjudicated bankrupt or insolvent or any of Trustor's property shall have been
<br />sequestered and such decree shall have continued undischarged and unstayed for 90 days after the
<br />entry thereof, then the earnest money as specified in the Agreement shall be returnable to the
<br />Beneficiary, subject to the rights of Pinnacle Bank.
<br />FIFTH. Upon default by Trustor in the payment of or performance of the terms and
<br />conditions of the Agreement, or any renewals, modifications or executions thereof, the payment of
<br />any other indebtedness secured hereby or in the performance of any agreement, covenant or
<br />warranty herein contained or set forth in any agreement or instrument executed by Trustor in
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