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99 112211
<br /> indebtedness secured hereby shall at the option of the Beneficiary become due
<br /> and payable; (c) to keep the above-described Property and the improvements
<br /> thereon in good condition and repair and not to commit or suffer waste
<br /> thereof, and except as authorized in any schedule annexed hereto and forming
<br /> a part hereof, neither to remove nor permit the removal of any timber,
<br /> buildings, oil, gas, minerals, stone, rock, clay, fertilizer, gravel or top
<br /> soil without the prior written consent of Beneficiary; (d) to maintain and
<br /> deliver to Beneficiary policies of insurance against such hazards on the
<br /> buildings and improvements now or hereafter located on or constituting a part
<br /> of the Property as the Beneficiary shall require, in such companies and
<br /> amounts and with such loss paya�le clauses as shall be satisfactory to the
<br /> Beneficiary; that in the event of loss, Beneficiary is expressly authorized
<br /> to settle or compromise claims under said policies and the proceeds thereof
<br /> shall be paid to the Beneficiary who may apply the same or any part thereof
<br /> on the indebtedness secured hereby or toward the reconstruction or repair of
<br /> said buildings and improvements or release same to the Trustor; (e) to pay
<br /> any lien, claim or charge against the Property which might take precedence
<br /> over the lien hereof; (f) to pay on demand all legal expenses, title
<br /> searches, appraisal or attorneys' fees reasonably incurred or paid by
<br /> Beneficiary to collect the Note or foreclose or protect the lien of this Deed
<br /> of Trust; (g) that in the event Trustor shall fail to comply with the
<br /> provisions of (a) through (f) above, the Beneficiary may expend such funds
<br /> and take such action as is necessary to remedy such failure and all sums paid
<br /> by the Beneficiary pursuant hereto with interest at the rate hereinafter
<br /> provided shall constitute a lien upon the Property, shall be secured by this
<br /> Deed of Trust, and shall be immediately due and repayable to the Beneficiary;
<br /> (h) not to sell the Property or any portion thereof; and in the event of any
<br /> sale herein prohibited, then the entire indebtedness secured by this Deed of
<br /> Trust shall, at the option of the Beneficiary, become due and payable; (i)
<br /> that if the Property or any part or parcel thereof shall be taken or damaged
<br /> under the power of eminent domain, the award for any Property so taken or
<br /> damaged (including severance damages to the remaining premises) shall be paid
<br /> to the Beneficiary and applied in full or in part at the option of the
<br /> Beneficiary in reduction of the indebtedness hereby secured; (j ) that the
<br /> Beneficiary shall have the right to inspect the Property at such reasonable
<br /> times as the Beneficiary may desire to determine Trustor' s compliance with
<br /> the covenants contained in this Deed of Trust; (k) that the Beneficiary may
<br /> release from the lien hereof any part or parcel of the Property without
<br /> requiring any consideration therefor, and (1) that Trustor is lawfully seized
<br /> of said premises and Property in fee simple, that the same are free from all
<br /> liens and encumbrances except as may otherwise be specifically noted herein
<br /> or waived in writing by the Beneficiary; that Trustor will execute or procure
<br /> any further necessary assurances of title and does hereby warrant generally
<br /> the title to said Property and will forever defend the same against the
<br /> claims and demands of all persons 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 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 />. .,
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