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99108284
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Last modified
3/13/2012 7:01:47 PM
Creation date
10/21/2005 12:26:31 AM
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DEEDS
Inst Number
99108284
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� � R�-RECORD�u <br /> . � � gg- 1t�8;�84 99- iC�5193 <br /> hereby secured (a) enter upon and take possession of the Property or any part thereof and in <br /> its own name sue for or otherwise collect such rents, issues and profits, including those past <br /> due and unpaid, and apply the same, less costs, and expense of operation and collection, <br /> including reasonable attorney's fees, upon any indebtedness secured hereby and in such order <br /> as Beneficiary may determine; (b) lease the same or any part thereof for such rental, term and <br /> upon such conditions as Beneficiary's judgment may dictate or terminate or adjust the terms <br /> and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise <br /> in writing, any application of rents, issues or profits to any indebtedness secured hereby shall <br /> not extend or postpone the due date of the installment payments as provided in the Note or <br /> change the amount of such installments. The entering upon and taking possession of the <br /> Property, the collection of such rents, issues and profits, and the application thereof as <br /> aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate any <br /> act done pursuant to such notice. Trustor assigns to Beneficiary, as further security for the <br /> performance of the indebtedness and obligations secured hereby, all prepaid rents and alt <br /> moneys which may have 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 the performance <br /> of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. <br /> Delivery of written notice of Beneficiary's exercise of the rights granted by this paragraph third <br /> to any tenant occupying the Property or any portion thereof shall be sufficient to require said <br /> tenant to pay said rent to Beneficiary until further notice. <br /> 4. If there shall be filed by or against the Trustor any petition or proceeding <br /> seeking an arrangement or composition or extension or any other relief under or pursuant to the <br /> Federal Bankruptcy Code or any other similar statute as 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 <br /> after the entry thereof, then the whole of the Note and indebtedness hereby secured shall, <br /> without notice, at the option of the Beneficiary, become due and payable. <br /> 5. Upon default by Trustor in the payment of or perFormance of the terms <br /> and conditions of the Note, or any renewals, modifications or executions thereof, the payment <br /> of any other indebtedness secured hereby or in the performance of any agreement, covenant or <br /> warranty herein contained or set forth in the Note or any agreement of instrument executed by <br /> Trustor in connection with the indebtedness hereby secured, Beneficiary may declare all sums <br /> secured hereby immediately due and payable and the same shall thereupon become due and <br /> payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary <br /> may deliver to Trustee a written declaration of default. Trustee shall have the power of sale of <br /> 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. <br /> a. After the lapse of such time without cure as may be required by law <br /> following the recordation of notice of default, and notice of default and <br /> notice of sale having been given as required by law, Trustee, without <br /> Initials: �v <br /> 7 � <br /> C�- ��� " <br />
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