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. � 99 107849
<br /> the Beneficiary in writing; and in the event of any sale herein prohibited,
<br /> then the entire indebtedness secured by this Deed of Trust shall, at the
<br /> option of the Beneficiary, become due and payable; (i) that if the Property
<br /> or any part or parcel thereof shall be taken or damaged under the power of
<br /> eminent domain, the award for any Property so taken or damaged (including
<br /> severance damages to the remaining premises) shall be paid to the Beneficiary
<br /> and applied in full at the option of the Beneficiary in reduction of the
<br /> indebtedness hereby secured; (j ) that the Beneficiary shall have the right to
<br /> inspect the Property at such reasonable times as the Beneficiary may desire
<br /> to determine Trustor' s compliance with the covenants contained in this Deed
<br /> of Trust; (k) that the Beneficiary may release from the lien hereof any part
<br /> or parcel of the Property without requiring any consideration therefor, and
<br /> (1) that Trustor is lawfully seized of said premises and Property in fee
<br /> simple, that the same are free from all liens and encumbrances except as may
<br /> otherwise be specifically noted herein or waived in writing by the Beneficia-
<br /> ry; that Trustor will execute or procure any further necessary assurances of
<br /> title and does hereby warrant generally the title to said Property and will
<br /> forever defend the same against the claims and demands of all persons
<br /> subsequent to Trustors' ownership whomsoever, and that Trustor' s separate
<br /> estate, whether vested, contingent or in expectancy, is hereby conveyed and
<br /> Trustor does hereby expressly waive, release all rights and benefits of any
<br /> homestead, dower, curtesy, appraisement, exemption and stay laws of this
<br /> state . It is agreed that the interest provided for in subsection (g) above
<br /> shall be at the same rate as specified in the Note secured hereby on the
<br /> principal thereof after default and maturity.
<br /> SECOND. In the event Trustor, without the prior written consent of
<br /> Beneficiary, shall sell, transfer or convey or contract to sell, transfer or
<br /> convey the Property, or any part thereof or any interest therein, the entire
<br /> balance of the indebtedness hereby secured shall become and be immediately
<br /> due and payable at the option of Beneficiary; provided, however, Beneficiary
<br /> may waive such option to accelerate if, prior to such sale, transfer or
<br /> conveyance or contract therefor, Beneficiary and the person to whom the
<br /> property is to be sold or transferred reach an agreement in writing that the
<br /> credit of such person is satisfactory to Beneficiary and that the interest
<br /> payable on the sums secured by this Deed of Trust shall be at such rate as
<br /> Beneficiary shall request .
<br /> THIRD. That as further security for the payment of the Note and the
<br /> indebtedness thereby evidenced and the performance of all of the �erms,
<br /> covenants and conditions hereof, Trustor agrees that Beneficiary shall and
<br /> does hereby have the right, power and authority during the continuance of
<br /> this Deed of Trust to collect the rents, issues and profits of the Property;
<br /> and Trustor hereby absolutely and unconditionally assigns all such rents,
<br /> issues and profits to Beneficiary. Beneficiary, however, hereby consents to
<br /> Trustor' s collection and retention of such rents, issues and profits as they
<br /> accrue and become payable so long as Trustor is not at such time in default
<br /> with respect to payment of any indebtedness secured hereby or in the
<br /> performance of any agreement hereunder. Upon any such default, Beneficiary
<br /> may at any time, either in person, by agent, or by receiver to be appointed
<br /> by a court, without notice and without regard to the adequacy of any security
<br /> for the indebtedness hereby secured (a) enter upon and take possession of the
<br /> Property or any part thereof and in its own name sue for or otherwise collect
<br /> such rents, issues and profits, including those past due and unpaid, and
<br /> apply the same, less costs and expenses of operation and collection,
<br /> including reasonable attorney' s fees, upon any indabtedness secured hereby
<br /> and in such order as Beneficiary may determine; (b) lease the same or any
<br /> 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
<br /> existing lease or leases . Unless Trustor and Beneficiary agree otherwise in
<br /> writing, any application of rents, issues or profits to any indebtedness
<br /> secured hereby shall not extend or postpone the due date of the installment
<br /> payments as provided in the Note or change the amount of such installments.
<br /> The entering upon and taking possession of the Property, the collection of
<br /> such rents, issues and profits, and the application thereof as aforesaid,
<br /> shall not waive or cure any default or notice of default hereunder, or
<br /> invalidate any act done pursuant to such notice . Trustor assigns to
<br /> Beneficiary, as further security for the performance of the indebtedness and
<br /> obligations secured hereby, all prepaid rents and all moneys which may have
<br /> been or may hereafter be deposited with Trustor by any lessee of the
<br /> Property, to secure the payment of any rent or damages, and upon default in
<br /> the performance of any of the provisions hereof, Trustor agrees to deliver
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