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<br />If the rents and revenues of the Property are not sufficient to meet the costs, if any, of taking
<br />control of and managing the Property and collecting the same, any funds expended by Lender for such
<br />purposes shall. become indebtedness of Borrowers to Lender secured by this Instrument pursuant to the
<br />terms hereof. Unless Lender and Borrowers agree in writing to other terms of payment, such amounts
<br />shall be immediately due and payable by Borrowers and shall bear interest from the date of disbursement
<br />at the default rate stated under the terms of the Note.
<br />Any entering upon and taking and maintaining of control of the Property by Lender or the
<br />receiver and any application of rents and revenues as provided herein shall not cure or waive any default
<br />hereunder or invalidate any other right or remedy of Lender under applicable law or provided herein.
<br />This assignment of rents and revenues of the Property shall terminate at such time as this Instrument
<br />ceases to secure indebtedness held by Lender.
<br />19. ACCELERATION IN CASE OF TRUSTOR'S INSOLVENCY. If any Borrower
<br />shall voluntarily file a petition under the Federal Bankruptcy Act, as such Act may from time to time be
<br />amended, or under any similar successor Federal statute relating to bankruptcy, insolvency, arrangements
<br />or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary
<br />proceeding admitting insolvency or inability to pay debts, or if any Borrower shall fail to obtain a
<br />vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of
<br />such Borrower within sixty (60) days from the original fling of such proceeding, or if any Borrower shall
<br />be adjudged a bankrupt, or if a trustee or receiver shall be appointed for any Borrower or any Borrower's
<br />property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or
<br />similar state court, or if any Borrower shall make an assignment for the benefit of such Borrower's
<br />creditors, or if there is an attachment, execution or other judicial seizure of any portion of any Borrower's
<br />assets and such seizure is not discharged within ten days, then Lender may, at Lender's option, declare all
<br />of the sums secured by this Instrument to be immediately due and payable without prior notice to Trustor,
<br />and Lender may invoke any remedies permitted by this Instrument. Furthermore, Lender shall be entitled
<br />to relief from any automatic stay imposed by Section 362 of Title 11 of the U.S. Code, as amended, on or
<br />against the exercise of the rights and remedies otherwise available to Lender, and Trustor hereby waives
<br />the benefits of such automatic stay as to Trustor only and consents and agrees to raise no objection to
<br />such relief in favor of Lender. Any attorneys' fees and other expenses incurred by Lender in connection
<br />with Borrower's bankruptcy or any of the other aforesaid events shall be additional indebtedness of
<br />Borrower secured by this Instrument pursuant to the terms hereof.
<br />20. TRANSFERS OF THE PROPERTY OR INTERESTS IN TRUSTOR. If Trustor
<br />sells, exchanges, conveys, alienates, assigns, disposes of, encumbers, pledges, or transfers all or any
<br />portion of the Property, or if Trustor executes any agreement or contract creating any right to or any
<br />equitable interest in the title to the Property or any part thereof, or executes any agreement or contract
<br />granting a possessory right in the Property or any part thereof (including, without limiting the generality
<br />of the foregoing, outright conveyance, conveyance or alienation by land installment contract or contract
<br />for deed, alienation by lease or rental agreement with an option to purchase, and the granting of deeds of
<br />trust, mortgages, liens, and security interests subordinate to this Instrument, but excluding leases made in
<br />accordance with the Loan Documents) or any ownership interest in Trustor is transferred or assigned, then
<br />at Lender's option the unpaid remainder of the Note and all of the sums secured by this Instrument shall
<br />be immediately and automatically due and payable in full, and Lender may invoke any remedies
<br />permitted by law and/or this Instrument. The conveyance or transfer of Trustor's interest in the Property
<br />or any interest in Trustor as a result of foreclosure of a subordinate lien or a security interest or a transfer
<br />by operation of law shall constitute a sale or transfer subject to this paragraph. The foregoing acceleration
<br />shall not apply in case of-
<br />0) transfers by devise or descent or by operation of law upon the death of a an
<br />individual owning a beneficial interest in Trustor;
<br />(ii) transfers of equity interest in any of the Borrowers between and among
<br />immediate members of the Bosselman family and/or trusts established by
<br />Bosselman family members as long as effective control (at least fifty -one percent
<br />(51 %) of the voting power) remains in Frederick A. Bosselman and/or Charles D.
<br />Bosselman, individually or collectively.
<br />(iii) the grant of a leasehold interest in a part of the Property made in accordance with
<br />the Loan Documents and not containing an option to purchase; and
<br />(iv) sales or transfers for fair market consideration of fixtures or any routine personal
<br />property used in the operation of the Property, provided that such sales or
<br />transfers are incidental to the replacement of like fixtures and personal property
<br />of equal or better quality and condition, or such fixtures or personal property are
<br />removed in connection with the making of tenant improvements.
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