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99 11221 �
<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
<br /> leases . Unless Trustor and Beneficiary agree otherwise in writing, any
<br /> application of rents, issues or profits to any indebtedness secured hereby
<br /> shall not extend or postpone the due date of the installment payments as
<br /> provided in the Note or change the amount of such installments . The entering
<br /> upon and taking possession of the Property, the collection of such rents,
<br /> issues and profits, and the application thereof as aforesaid, shall not waive
<br /> or cure any default or notice of default hereunder, or invalidate any act
<br /> done pursuant to such notice . Trustor assigns to Beneficiary, as further
<br /> security for the performance of the indebtedness and obligations secured
<br /> hereby, all prepaid rents and all moneys which may have been or may hereafter
<br /> be deposited with Trustor by any lessee of the Property, to secure the
<br /> payment of any rent or damages, and upon default in the performance of any of
<br /> the provisions hereof, Trustor agrees to deliver such rents and deposits to
<br /> Beneficiary. Delivery of written notice of Beneficiary' s exercise of the
<br /> rights granted by this paragraph THIRD to any tenant occupying the Property
<br /> or any portion thereof shall be sufficient to require said tenant to pay said
<br /> rent to Beneficiary until further notice .
<br /> FOURTH. If there shall be filed by or against the Trustor any petition
<br /> or proceeding seeking any arrangement or composition or extension of any
<br /> other relief under or pursuant to the Federal Bankruptcy Code or any other
<br /> similar statute as is now or hereafter in effect, or if the Trustor shall be
<br /> adjudicated bankrupt or insolvent or any of Trustor' s property shall have
<br /> been sequestered and such decree shall have continued undischarged and
<br /> unstayed for 90 days after the entry thereof, then the whole of the Note and
<br /> indebtedness hereby secured shall, without notice, at the option of the
<br /> Beneficiary, become due and payable.
<br /> FIFTH. Upon default by Trustor in the payment of or performance of the
<br /> terms and conditions of the Note, or any renewals, modifications or
<br /> executions thereof, the payment of any other indebtedness secured hereby or
<br /> in the performance of any agreement, covenant or warranty herein contained or
<br /> set forth in any agreement or instrument executed by Trustor in connection
<br /> with the indebtedness hereby secured, Beneficiary may declare all sums
<br /> secured hereby immediately due and payable and the same shall thereupon
<br /> become due and payable without presentment, demand, protest or notice of any
<br /> kind. Thereafter, Beneficiary may deliver to Trustee a written declaration
<br /> of default and demand for sale . Trustee shall have the power of sale of the
<br /> Property and if Beneficiary decides the Property is to be sold, it shall
<br /> deposit with Trustee this Deed of Trust and the Note or notes and any other
<br /> documents evidencing expenditures secured hereby,. and shall deliver to
<br /> Trustee a written notice of default and election to cause the Property to be
<br /> sold, and Trustee, in turn, shall prepare a similar notice in the form
<br /> required by law, which shall be duly filed for record by Trustee .
<br /> (a) After the lapse of such time as may be required by law following
<br /> the recordaLion of Notice of Default, and notice of Default and Notice
<br /> of Sale having been given as required by law, Trustee, without demand on
<br /> Trustor, shall sell the Property hereinbefore described, and any and
<br /> every part thereof, in separate parcels or en masse as the Trustee may
<br /> elect and in such order as Trustee may determine on the date and at the
<br /> time and place designated in said Notice of Sale, at public auction to
<br /> the highest bidder, the purchase price payable in cash in lawful money
<br /> of the United States at the time of sale . The person conducting the
<br /> sale may, for any cause he or she deems expedient, postpone the sale
<br /> fram time to time until it shall be completed and, in every such case,
<br /> notice of postponement shall be given by public declaration thereof by
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