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<br /> 99 110555
<br /> appraisal or attorneys' fees reasonably incurred or paid by Beneficiary to
<br /> collect the Note or foreclose or protect the lien of this Deed of Trust; (g)
<br /> that in the event Trustor shall fail to comply with the provisions of (a)
<br /> through (f) above, the Beneficiary may expend such funds and take such action
<br /> as is necessary to remedy such failure and all sums paid by the Beneficiary
<br /> pursuant hereto with interest at the rate hereinafter provided shall
<br /> constitute a lien upon the Property, shall be secured by this Deed of Trust,
<br /> and shall be immediately due and repayable to the Beneficiary; (h) not to
<br /> sell the Property or any portion thereof without the approval of the
<br /> Beneficiary in writing; and in the event of any sale herein prohibited, then
<br /> the entire indebtedness secured by this Deed of Trust shall, at the option of
<br /> the Beneficiary, become due and payable; (i) that if the Property or any part
<br /> or parcel thereof shall be taken or damaged under the power of eminent
<br /> domain, the award for any Property so taken or damaged (including severance
<br /> damages to the remaining premises) shall be paid to the Beneficiary and
<br /> applied in full or in part at the option of the Beneficiary in reduction of
<br /> the indebtedness hereby secured; (j ) that the Beneficiary shall have the
<br /> right to inspect the Property at such reasonable times as the Beneficiary may
<br /> desire to determine Trustor' s compliance with the covenants contained in this
<br /> Deed of Trust; (k) that the Beneficiary may release from the lien hereof any
<br /> part or parcel of the Property without requiring any consideration therefor,
<br /> and (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 /> whomsoever, and that Trustor' s separate estate, whether vested, contingent or
<br /> in expectancy, is hereby conveyed and Trustor does hereby expressly waive,
<br /> release all rights and benefits of any homestead, dower, curtesy, appraise-
<br /> ment, exemption and stay laws of this state. It is agreed that the interest
<br /> provided for in subsection (g) above shall be at the same rate as specified
<br /> in the Note secured hereby on the principal thereof after default and
<br /> 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 terms,
<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 of any personal property located thereon with or without taking
<br /> possession of the property affected thereby; and Trustor hereby absolutely
<br /> and unconditionally assigns all such rents, issues and profits to Beneficia-
<br /> ry. Beneficiary, however, hereby consents to Trustor' s collection and
<br /> retention of such rents, issues and profits as they accrue and become payable
<br /> so long as Trustor is not at such time in default with respect to payment of
<br /> any indebtedness secured hereby or in the performance of any agreement
<br /> hereunder. Upon any such default, Beneficiary may at any time, either in
<br /> person, by agent, or by receiver to be appointed by a court, without notice
<br /> and without regard to the adequacy of any security for the indebtedness
<br /> hereby secured (a) enter upon and take possession of the Property or any part
<br /> thereof and in its own name sue for or otherwise collect such rents, issues
<br /> and profits, including those past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and collection, including reasonable
<br /> attorney' s fees, upon any indebtedness secured hereby and in such order as
<br /> Beneficiary may determine; (b) lease the same or any part thereof for such
<br /> rental, term and upon such conditions as Beneficiary' s judgment may dictate
<br /> or terminate or adjust the terms and conditions of any existing lease or j
<br /> leases . Unless Trustor and Beneficiary agree otherwise in writing, any
<br /> application of rents, issues or profits to any indebtedness secured hereby
<br />. "
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