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<br />procure any further necessary assurances of title and does hereby warrant generally the title to
<br />said Property and will forever defend the same against the claims- and demands of all persons
<br />whomsoever, and that Trustor's separate estate, whether vested, contingent or in expectancy, is
<br />hereby conveyed and Trustor does hereby expressly waive, release all rights and benefits of any
<br />homestead, dower, courtesy, appraisement, exemption and stay laws of this state. It is agreed that
<br />the interest provided for in subsection (g) above shall be at the same rate as specified in the Note
<br />secured hereby on the principal thereof after default and maturity.
<br />SECOND. In the event Trustor, without the prior written consent of Beneficiary, shall
<br />sell, transfer or convey or contract to sell, transfer or convey the Property, or any part thereof or
<br />any interest therein, the entire balance of the indebtedness hereby secured shall become and be
<br />immediately due and payable at the option of Beneficiary; provided, however, Beneficiary may
<br />waive such option to accelerate if, prior to such sale, transfer or conveyance or contract therefor,
<br />Beneficiary and the person to whom the property is to be sold or transferred reach an agreement
<br />in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable
<br />on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request.
<br />THIRD. That as further security for the payment of the Note and the indebtedness thereby
<br />evidenced and the performance of all of the terms, covenants and conditions hereof, Trustor
<br />agrees that Beneficiary shall and does hereby have the right, power and authority during the
<br />continuance of this Deed of Trust to collect the rents, issues and profits of the Property and of
<br />any personal property located thereon with or without taking possession of the property affected
<br />thereby; and Trustor hereby absolutely and unconditionally assigns all such rents, issues and
<br />profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and
<br />retention of such rents, issues and profits as they accrue and become payable so long as Trustor is
<br />not at such time in default with respect to payment of any indebtedness secured hereby or in the
<br />performance of any agreement hereunder. Upon any such default, Beneficiary may at any time,
<br />either in person, by agent, or by receiver to be appointed by a court, without notice and without
<br />regard to the adequacy of any security for the indebtedness hereby secured (a) enter upon and
<br />take possession of the Property or any part thereof and in its own name sue for or otherwise
<br />collect such rents, issues and profits, including those past due and unpaid, and apply the same,
<br />less costs and expenses of operation and collection, including reasonable attorney's fees, upon
<br />any indebtedness secured hereby and in such order as Beneficiary may determine; (b) lease the
<br />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
<br />leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, issues
<br />or profits to any indebtedness secured hereby shall not extend or postpone the due date of the
<br />installment payments as provided in the Note or change the amount of such installments. The
<br />entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of
<br />default hereunder, or invalidate any act done pursuant to such notice. Trustor assigns to
<br />Beneficiary, as further security for the performance of the indebtedness and obligations secured
<br />hereby, all prepaid rents and all moneys which may have been or may hereafter be deposited with
<br />Trustor by any lessee of the Property, to secure the payment of any rent or damages, and upon
<br />default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents
<br />and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights
<br />granted by this paragraph THIRD to any tenant occupying the Property or any portion thereof
<br />shall be sufficient to require said tenant to pay said 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 whole of the Note and indebtedness hereby secured shall, without notice,
<br />at the option of the Beneficiary, become due and payable.
<br />FIFTH. Upon default by Trustor in the payment of or performance of the terms and
<br />conditions of the Note, or any renewals, modifications or executions thereof, the payment of any
<br />other indebtedness secured hereby or in the performance of any agreement, covenant or warranty
<br />herein contained or set forth in any agreement or instrument executed by Trustor in connection
<br />with the indebtedness hereby secured, Beneficiary may declare all sums secured hereby
<br />immediately due and payable and the same shall thereupon become due and payable without
<br />presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to
<br />Trustee a written declaration of default and demand for sale. Trustee shall have the power of sale
<br />of the Property and if Beneficiary decides the Property is to be sold, it shall deposit with Trustee
<br />this Deed of Trust and the Note or notes and any other documents evidencing expenditures
<br />secured hereby, and shall deliver to Trustee a written notice of default and election to cause the
<br />Property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by
<br />law, which shall be duly filed for record by Trustee.
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