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200402108 <br />and of any personal property located thereon with or without taking possession of the property <br />affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues <br />and 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 <br />is not, at such time, in default with respect to payment of any indebtedness secured hereby, or in <br />the performance of any agreement hereunder. If any event of default described hereafter in re- <br />spect to this Deed of Trust shall have occurred and be continuing, Beneficiary, as a matter of <br />right and without notice to Trustor or anyone claiming under Trustor, and without regard to the <br />value of the trust estate or the interest of the Trustor therein, shall have the right to apply to any <br />court having jurisdiction to appoint a receiver of the property. <br />9. Inspections. Beneficiary, or its agents, representatives or workmen, are author- <br />ized to enter at any reasonable time upon or in any part of the property for the purpose of <br />inspecting the same and for the purpose of performing any of the acts it is authorized to perform <br />under the terms of any loan instruments executed by Trustor. <br />10. Transfer of Property. If all or any part of the property or any interest of Trustor <br />therein is sold, transferred or further encumbered without the express or written consent of Bene- <br />ficiary, Beneficiary may, at its sole option, declare all sums secured by this Deed of Trust to be <br />immediately due and payable and proceed to the remedies available to it under the default provi- <br />sions contained herein. <br />11. Events of Default. Any of the following events shall be deemed an event of <br />default hereunder: <br />(a) Trustor shall have failed to make payment or any <br />installment of interest, principal or principal and interest or any <br />other sums secured hereby when due; <br />(b) There has occurred a breach of or default under any <br />term, covenant, agreement, condition, provision, representation or <br />warranty contained in this Deed of Trust, the note or any other loan <br />instrument secured hereby; <br />(c) There has been a default by the Trustor in the pay- <br />ment of any prior or subsequent lien or encumbrance in respect to <br />all or any part of the property; <br />(d) Trustor shall file a voluntary petition in bankruptcy <br />or shall be adjudicated bankrupt or insolvent, or shall make an as- <br />signment for the benefit of creditors in respect to the property; or <br />an action to enforce any lien or encumbrance or judgments against <br />the property is commenced. <br />12. Acceleration Upon Default. In the event of any default, Beneficiary may declare <br />all indebtedness secured hereby to be due and payable, and the same shall thereupon become due <br />and payable without any presentment, demand, protest or notice of any kind. Thereafter, Benefi- <br />ciary may: <br />(a) either in person or by agent, with or without bringing <br />any action or proceeding, or by receiver appointed by a court and <br />without regard to the adequacy of any security, enter upon and take <br />possession of the property, or any part thereof, in its own name or <br />in the name of the Trustee, and do any acts which it deems neces- <br />sary and desirable to preserve the value, marketability or rentabil- <br />ity of the property, or part thereof or interest therein, increase the <br />income therefrom or protect the security hereof, and, without tak- <br />ing possession of the property, sue for or otherwise collect the <br />rents, issues and profits thereof, including those past due and un- <br />paid, and apply the same, less costs and expenses of operation and <br />collection, including attorney fees, upon any indebtedness secured <br />hereby, all in such order as Beneficiary may determine. The en- <br />tering upon and taking possession of the trust estate, the collection <br />3 <br />