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9 IOG'723 , <br />r113t0/ RhAti have 90 permitted or suffored, voluntarily or involuntarily, any creditor to obtain a lien not J <br />itere'n upon all or part of such properly; Trustor or any guarantor Of the indebtedness secured hereby shall <br />insolvent o1 admit in writing its inability to pay its debts as they Mature. or make an assignment for the benefit of I <br />or apply for or consenttothe appointmeniola recelver or trusteefor it of (or a substantial part Of such property, or <br />-`a receiver or trustee shalt be appointed and shalt hat be discharged within thirty (30) days ate, appointment; or <br />( e ) A writ of execution or attachment or any similar process shalt be issued or levied against all or any part of or interest ' <br />such property, or any judgment involving monetary damages shall be entered against Truster which shall become a lien _ <br />ecution, attachment or similar processor judgment is not <br />such property or portion thereolor interesttherein and such ex <br />banded, satisfied, vacated or stayed within sixty (fit?) days after its entry or levy; or <br />(1) Bankruptcy, insolvency. reorganization, arrangement or liquidation proceedings or other proceedings for relief <br />any bankruptcy law or other law for the relief of debtors shall be institued by or against Trustor or any Guarantor <br />and if instituted against such party shall be consented to or shall not be dismissed within sixty( 60 ) days after such <br />-_ `ution_ or i <br />( g) Trustor or any successor In interest of Trustor. voluntarily or involuribitily should sell, exact, convey. transfer, <br />.. actt to sell, tease with option to purchase, sublease, dispose of, change the character or use of, or further encumber <br />h property, or any partthereof, or any interesttherein, or ltany said parties shall bedivested of tiflatosuch foal property <br />.'any part thereof, or any interest either voluntarily or involuntarily, or if title to such property be subjected to any lien <br />�?es voluntarily or involuntarily. contractual or statutory, without the written consent of Beneficiary being first had <br />( h ) ItTrustor is a partnershipand the interest of a general partner terminates. is assigned or transferred, or IsdimInIshed <br />any respect, or if Trustor is a corporation and a majority olthe voting corporate stock is transferred, sold or assigned, or if <br />-- Trustor is a Trustee of a trust and there is a change of any of the Beneficial interest of the trust: or <br />( i ) Trusrar shall, xdithout the consent of Beneficiary, create or consenteo the establishment of a district which has taxing <br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: In the event of any default hereunder. Beneficiary may, at <br />option,: <br />( a ) Terminate additional advances, if any, to be made under or pursuant to the pp(7missory Note or any building loan <br />or <br />( b) Declare any suir secured hereby immediately due and payable ar(1 the same shall thereupon become due and <br />payable without any, presentment, demand, prctr -st or notice of any kind.,,cr, <br />I c 1 At any time, with or without notice, either in person, by agent, or by receiver to be appointed by the Court without <br />regard to the adequacy of any security for the indebtedness secured 'hereby, airier upon and tales possession =!such - <br />property or any partthereof, make, cancel, enforce or modify leases; obtain and ejecttenants, set or modify rents; in its own <br />name sue or otherwise collect the rents, income, issues and prof, ita thereof, including those past due and unpaid; and apply <br />the same, less costs and expenses of operation. including reasonable attorney's fees, upon any irdebtedness secured <br />hereby and in such order as Bene iciary may determine; and except for such application. Beneficiary shall not be liable to , <br />any pe=n for the collection or noncd I ectton of any rents, income, issues or profits forth a rmfure to assert or enforce any oQ <br />thefore;rn,ng rights, nor shall Bene�fi ,jcawry by charged with a.r. of the duties and obligc,�• lnj-rs of a+ �rortgagee in ipossmi.art. <br />The entering upon and taking possession of such property-,1-re collection of such rents, inc-orne, i,ssauesor profits. th. a loin <br />of other acts herein authorized, and the appflr,- '.art theree, as aforesaid, shall not cure or waive ",default or notice of, <br />defauiltt ttiereunder or invalidate any act dome purauarttc: such notice; or <br />( d )• Cause to bef iled on record, a written nSJl=as w;�f dera0t and election to sell such property. After the lapse c '9 such time <br />as thou may be req fired by law following revao dat.orr ofr'sjch notice of default, and notice of sale having bees given as <br />required by law, 7�n� � withoutdemand on onaVor, sl -hai i sell such property, either as a whole or in s Grate parcels, and in <br />such ordevasitor Beneficiary may determirteagp�;bfic auction to the highest bidder. The Trustee mey postponethesaleof <br />all or ar`i pbrti:orr of such prop by public announcement at the time of sale, and from timer time thereafter, may <br />postpone the sate by public annen;ancement at the time and place fixed by the preceeding postponement trustee shall <br />deliverto such purchaser its deed conveying the property so sold, without any covenant or warranty, express or implied. <br />The recital in such deed of any matters of factor otherwise shall be conclusive proof of the truth1U.1rressthereof. Arty person. <br />including Trustor. Trustee or Beneficiary, ema�-purchase at said sale_ Trustee may also sell at fry s och saiearn4 as a part <br />thereof, any shares of corporate stock secunrg the obligation secured: hereby, and Trustor wtahses derrrartdan. 4 notice of <br />such sate. (Beneficiary at its eptart may also foreclose on.$uch shares, by independent pledge sale, and '1 vuvar waives <br />dema rd of notice of such safes; after deducting all costs. Ises and exrerses of Trustee, and of this trust, incluud)'.Ts cast of <br />evide,,nce of title in connection aciCll such sale, Trustee welt first appq I to proceeds of sale to the payment'., of.aPl suns <br />experrcded under tl7.e terms hereaf? not then repaid, with accrued interest at the rate then payable under the note or notes <br />secu: ed ttren to payment of all other sums secured hereby,.ard if thereafter there be arty proceeds remaining, <br />distriltiys,a Gtiarr to Me person or rsersons legally entitled thereto. <br />if t iniis Dead of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness secured <br />hereby, Trustor agrees to pay said charge, rf any of said indebtedness shall be paid prior to the 1-H- 3turity date thereof stated <br />in said note or this Deed of Trust, even rf and notwithstanding Trustor shall have defaulted In payment thereof, or in <br />perferrnance erany agreement hereunder, and Beneficiary by reason thereof, shall have declared aJl •sums secured hereby <br />immediately due and payable. <br />SCHEDULE OF LEASES: Within ten( 10 ) days after demand. Truster shall furnish to Trustee or Beneficiary a schedule, <br />certified by Trustor, setting forth all leases of such property, including, in each case, the name of the tenants or occupants, a <br />description of the space occupied by such tenant and occupant, the rental payable for such space and such other <br />information and documents with respect to such leases and tenancies as the Trustee or Beneficiary may request <br />COVENANTS OF TRUSTOR WITH RESPECT TO LEASES: Without the prior written consent of Trustee or Beneficiary, <br />Trustor shall not, directly or indirectly, with respect to any lease of space in such property, whether such lease is not or <br />hereafter in existence.( a ) accept or permit any prepayment, discount or advance payment of rent thereunder ( b ) cancel <br />or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which <br />would enfitlethe lessee thereunderto terminate or cancel the same :( c )amend or modify the same so as to reduce the term <br />