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200408613
<br />Property, shall be secured by this Deed of Trust, and shall be immediately due and repayable to the
<br />Beneficiary; (h) not to sell the Property or any portion thereof without the approval of the Beneficiary in
<br />writing; and in the event of any 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; and in the event of any sale herein
<br />prohibited, then the entire indebtedness secured by this Deed of Trust shall, at the option of the Beneficiary,
<br />become due and payable; (i) 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 damaged (including severance
<br />damages to the remaining premises) shall be paid to the Beneficiary and applied in full or in part at the
<br />option of the Beneficiary in reduction of the indebtedness hereby secured; (j) that the Beneficiary shall have
<br />the right to inspect the Property at such reasonable times as the Beneficiary may desire to determine
<br />Trustor's compliance with 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 requiring any consideration therefor,
<br />and (1) that Trustor is lawfully seized of said premises and Property in fee simple, that the same are free from
<br />all liens and encumbrances except as may otherwise be specifically noted herein or waived in writing by the
<br />Beneficiary; that Trustor will execute or procure any further necessary assurances of title and does hereby
<br />warrant generally the title to said Property and will forever defend the same against the claims and demands
<br />of all persons whomsoever, and that Trustor's separate estate, whether vested, contingent or in expectancy,
<br />is hereby conveyed and Trustor does hereby expressly waive, release all rights and benefits of any
<br />homestead, dower, curtesy, appraisement, 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 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 Beneficiary, shall sell, transfer
<br />or convey or contract to sell, transfer or convey the Property, or any part thereof or any interest therein, the
<br />entire balance of the indebtedness hereby secured shall become and be immediately due and payable at the
<br />option of Beneficiary; provided, however, Beneficiary may waive such option to accelerate if, prior to such
<br />sale, transfer or conveyance or contract therefor, Beneficiary and the person to whom the property is to be
<br />sold or transferred reach an agreement in writing that the credit of such person is satisfactory to Beneficiary
<br />and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary
<br />shall request.
<br />THIRD: That as further security for the payment of the Note and the indebtedness thereby evidenced
<br />and the performance of all of the terms, covenants and conditions hereof, Trustor agrees that Beneficiary
<br />shall and does hereby have the right, power and authority during the continuance of this Deed of Trust to
<br />collect the rents, issues and profits of the Property and of any personal property located thereon with or
<br />without taking possession of the property affected thereby; and Trustor hereby absolutely and
<br />unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby
<br />consents to Trustor's collection and retention of such rents, issues and profits as they accrue and become
<br />payable so long as trustor is not at such time in default with respect to payment of any indebtedness secured
<br />hereby or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any
<br />time, either in person, by agent, or by receiver to be appointed by a court without notice and without regard
<br />to the adequacy of any security for the indebtedness hereby secured (a) enter upon and take possession of
<br />the Property or any part thereof and in its own name sue for or otherwise collect such rents, issues and
<br />profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection, including reasonable 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 rental, term and upon such
<br />conditions as Beneficiary's 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 writing, any application of rents,
<br />issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the
<br />installment payments as provided in the Note or change the amount of such installments. The entering upon
<br />and taking possession of the Property, the collection of such rents, issues and profits, and the application
<br />thereof as aforesaid, shall not waive 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 security for the performance of the
<br />indebtedness and obligations secured hereby, all prepaid rents and all moneys which may have been or may
<br />hereafter be deposited with Trustor by any lessee of the Property, to secure the payment of any rent or
<br />damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such
<br />rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted
<br />by this paragraph THIRD to any tenant occupying the Property or any portion thereof shall be sufficient to
<br />require said tenant to pay said rent to Beneficiary until further notice.
<br />FOURTH: If there shall be filed by or against the Trustor any petition or proceeding seeking any
<br />arrangement or composition or extension of any other relief under or pursuant to the Federal Bankruptcy
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