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"ii .ti.l, <br />v,` tr't•R1!'F.�•) }f �I _:, _ _ f <br />•: <br />i,it +I„ <br />t- <br />wfl'n <br />r f.ri�.cW+tuN/1, <br />:/ — T•h, f � ,tar '��" <br />•'1' <br />_ <br />_/yam- <br />.y',��y�y�' <br />v y•a,,,,.[[ <br />407183 <br />j ► �) t 90- <br />( d) Trustor shall have procured, permitted or suffered, voluntarily or involuntarily, any creditor to obtain a lien not <br />such Trustor or any guarantor of the Indebtedness secured hereby shall <br />permitted herein upon all or part of property; <br />become insolvent of admit in writing Its inability to pay its debts as they mature, or make an assignment for the benefit of <br />creditors or apply for or consent to the appointment of a receiver or trustee for it or for a substantial part of such property, or <br />such a receiver or trustee shall be appointed and shall not be discharged within thirty (30) days after appointment or <br />( e) A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest <br />involving damages shall be entered against Trustor which shall become lien <br />in such property, or any judgment monetary i <br />p <br />on such property or portion thereof or interesttherein and such execution, attachment or similar processor Judgmentis not <br />TAT• <br />`� <br />released, bonded, satisfied, vacated or stayed within sixty ( 60 ) days after its entry or levy; or <br />:`��tdy' -! <br />(, t) Bankruptcy. insolvency, reorganization, arrangement. or liquidation proceedings or other proceedings for relied <br />debto rs shag) be instituted by or against Trustor or any Guarantor <br />; . �•, •, , . , <br />r �`..( •' ,. , .,,:,, ,, , <br />undw any bankruptcy law or other law for the relief of <br />h ®roof and if instituted against such partyshallbeconsentedtoorshallnotbe dismissed within sixty( Go )daysaftersuch <br />institution; or <br />(g) Trustor or any successor in Interest of Trustor, voluntarily or involuntarily should sell, exact convey, transfer, <br />the character or use of, or further encumber <br />contract to sell, lease with option to purchase, sublease, dispose of, change <br />such property, or any part thereof, or any interest therein. or If any said parties shall be divested of titleto such real property <br />of any part thereof, or any interest either voluntarily or Involuntarily, or if title to such property be subjected to any lien or <br />without the written consent of Bensffciary being first had <br />charge voluntarily or involuntarily, conUactual or statutory, <br />obtained, or <br />( h ) If Trustor is a partnership and the interest of a general partner terminates, is assigned or transferred, or is diminished <br />of the vohng corporate stock is transferred, sold or assigned, or if <br />In any respect, or if Trustor Ise corporation and a majority <br />the Trustor is a Trustee of a trust and there is al change of any of the Beneficial interest of the trust: or <br />( I ) Trustor shall, without the consent of Beneficiary, create or consent to the establishment of a district which has taxing <br />powers. <br />ACCELERATION UPON DEFAULT, ADDITIONAL. REMEDIES: In the event of any default hereunder. Beneficiary may, at <br />Its option,: <br />(a ) Terminate additional advances. If any, to be made under or pursuant to the Promissory Note or any building ioan <br />agreement or <br />( b ) Declare any sum secured hereby immediately due and payable and the same shall there upon become due and <br />payable without any presentment, demand, protest or notice of any kind: Or <br />(c ) At anytime. with or without notice, either in person, by agent, or by receiver to be appointed by the Court without <br />for the indebtedness secured hereby, enter upon and take possession of such <br />' <br />regard to the adequacy of any security <br />property or any parlrhereot make, cancel, enforce or modify leases; obtain and eject tenants, set or modify rents: in its own <br />income, issues and profits thereof. including those past dueand unpaid; and apply <br />name sue orotherwisecoilect the rents, <br />the same, less costs and expenses of operation, including reasonable at fees, upon any indebtedness secured <br />• <br />be <br />hereby and In such order as Beneficiary may determine; and except for such application, 8eneficlary shall not or liable to <br />ts, Income, issues or renfceanyof <br />any person <br />theforegoing rights, nor shall Beneficiary bycharged with any of the duties and obligations of a mortgagee in possession. <br />The entering upon and taking possession of such property, the collection of such rents, income, i ssuesor profits, the doing <br />the application thereof as aforesaid, shall not cure or waive any default or notice of <br />y: <br />of other acts herein authorized, and <br />default hereunder or invalidate any act done pursuant to such notice: or <br />' <br />(d )Cause to be filed on record, a written notice of defau It and election to sell such property. After the lapse of such time <br />notice of default, and notice of sate having been given as <br />as then may be required by law following re cordation of such <br />required by law, Trustee without demand on Trustor shall sell such property, either as a whole or in separate parcels, and in <br />such order as it or Beneficiary may determine at public auction to the hig hest bidder. The Trustee may postpone thesale of <br />all or any portion of such property by public announcement at the time of sale, and iron time to time thereafter, may <br />at the time and place fixed by the proceeding postponement. Trustee shall <br />postpone the sale by public announcement <br />deliver to 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 fact or otherwise shall be conclusive proof of the truthfulness thereof. Any person, <br />Trustee Beneficiary, may purchase at said sale. Trustee may also sell at any such sale and as a part <br />including Trustor. or <br />thereof, any shares of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice of <br />such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives <br />After deducting all costs, fees and expenses of Trustee, and of this trust, Including cost of <br />demand of notice of such sale.) <br />evidence of title in connection with such sale, Trustee shall first apply the proceeds of sale to the payment of all sums <br />expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the note or notes <br />of all other sums secured hereby, and If thereafter there be any proceeds remaining, <br />secured hereby, and then to payment <br />distribute them to the person or persons legally entitled thereto. <br />If this Deed of Trust or any note secured hereby provides for any charge for prepayment of any i ndebtedness secured <br />_ McIU clhr rigt0 tharant 7ttatad <br />hereby, Trustor agrees to pay Salo charge, iidny ug sdiV 11lUOUMMIM ao a..uu ..o �,..,.. r,.,,... •• • • ••. •- • ••, . _ <br />in Bald note or this Deed of Trust, even if and notwithstanding Trustor shall have defaulted In payment thereof, or in <br />performance of any agreement hereunder, and Beneficiary by reason thereof, shall have declared all sums secured hereby <br />immediately due and payable. <br />SCHEDULEOFLEASES:Withinten( I0,; 'daysahe ?,fern+and,Trustorshall furnish to Trustee or Beneficiary a schedule, <br />certifled by Trustor, selling forth all leases of sucr. p+oipe ty, including, in each case, the name of thetenanis c roccupants, a <br />description of the space occupied by uch tenar+I 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 />1 Trustor shall not, directly or indirectly, with respect to any lease of space in such property, whether such lease is not or <br />hereafter Inexistence( a) acceptor 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 />g <br />I would entitle the lessee thereunder to terminate or cancel the same :( c )amend ormodifythe same soastoreducetheterm <br />