<br />
<br />
<br />
<br /> ( d ) Trustor shall have procured, permitted or suffered, voluntarily or involuntarily, any creditor to obtain a lien not
<br /> permitted herein Upon all of part of such property; Trustor or any guarantor of the Indebtedness secured hereby shall
<br /> become in•iolvent of admit in writing its inability to psi;y Its debts as thN';r mature, or make an assignment for the benefit of
<br /> creditors or apply for or consent to the appointmentoo+ ca receiver ortrustc,Lr lio. it or for a substantial partot such property, or
<br /> such a receiver or trustee shall be appointed and shall not be discharged within thirty (30) days after appointment; or
<br /> ( e ) A writ of execution or attachment or any similar process shall be ::,sued or levied against all or any part of or interest
<br /> in such property, or any judgment involving monetary damages shall be entered againstTrustor which shall become a lien
<br /> or such property or portion thereof or interest therein and such execution, attachment or similar process or judgment is not
<br /> released, bonded, satisfied, vacated or stayed within sixty ( 60 ) days after b, entry or levy; or
<br /> ( f ) Bankruptcy, insolvency, reorganization, arrangement, or liquidation proceedings or other proceedings for relief
<br /> under any bankruptcy law or other law for the relief of debtors shall be instituted by or against Trustor or any Guarantor
<br /> hereof and if Insfi .uteri against such party sh 4,if a consented to or shall not ba dismissed within sixty ( 60 ) days after such
<br /> Institution; or
<br /> g ) Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact, convey, transfer,
<br /> contract to sell, lease with option to purchase, sublease, dispose of, change the character or use of, or further encumber
<br /> such property, or any part thereof, or any interest therein, or if any said parties shall be divested of title to such real property
<br /> of any par! thereof, or any interest either voluntarily or Involuntarily, or it title to such property be subjected to any lien or
<br /> cnarge voluntarily or involuntarily, contractual or statutory, without the written consent of Beneficiary being first had
<br /> obtained, or
<br /> ( h ) If Trustor is a partnership and this lnterestof a general partner terminates, is assigned or transferred, or is diminiChed
<br /> in a^y respect, or if Trustor is a corpor ,-lion and a majority of the voting corporate stock is transferred, sold or assigned, or if
<br /> the Trustor is a Trustee of a trust and .h.sre is a change of any of the Beneficial interest of the trust; or
<br /> ( i ) Trustor shall, without the consent of Beneficiary, create or consent to the establishment of a district which has taxing
<br /> powers.
<br /> ACCELERATION UPON DEFnULT, ADDITIONAL REMl=DIFS: In the event of any default hereunder, Beneficiary stay, at
<br /> its option,;
<br /> ( a ) Terminate additional advances, if any, to be made under or pursuant to the Promissory Note or any building loan
<br /> agreement; or
<br /> ( b ) Declare any sum secured hereby immediately due and payable and the same shall there upon become due and
<br /> payab?e wit:►out any presentment, demand, protest or notice of any kind; or
<br /> ( c ) At any time, with or without notice, either in person, by agent, or, by receiver to be appointed by the Court without
<br /> red and to the adequacy of any security for the indebtedness secured hereby, enter upon and take possession of such
<br /> property or any part thereof, make, cancel, enforce or modify ieases: obtain, and eject tenants, set or modify rents; in its own
<br /> name sue or otherwise collect the rents, income, issues and profits thereof, including those past duffs and unpaid: and apply
<br /> the same, less costs and expenses of operation, including reasonable attorney's fees, upon any indebtedness secured
<br /> hereby and in such order as Beneficiary may determine; and except for such application, Beneficiary shall not be liable to
<br /> any person for the collection or noncollection of any rents. Income, issues or profits for thefailure to assert or enforce any of
<br /> the foregoing rights, nor shall Beneficiary by charged with any of the duties and obligations of a mortgagee in possession.
<br /> The entering upon and taking possession of such property, the collection of such rents, income, issues or profits, the doing
<br /> of other acts herein authorized, and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br /> default hereunder or invalidate any act done pursuant to such notice; or
<br /> ( d ) Cause to be filed on record; a written notice of default and election to sell such property. After the lapse of such time
<br /> as then may be required by law following recordation of such notice of default and notice of sale having been given as
<br /> required by taw, Trustee without demand on Trustor shall sell such property, either as a whole or in separate parcels, and in
<br /> such order as it or Beneficiary may determine at public auction to the highest bidder. The Trustee may postpone the sale of
<br /> all or any portion of such property by public announcement at the time of sale, and from time to time thereafter, may
<br /> postpone the sale by public announcement at the time and place fixed by the proceeding postponement. Trustee shall
<br /> deliver to such purchaser its deed conveying the property so sold, without any covenant or warranty, express or implied.
<br /> The -ecital in such deed of any matters of fact or otherwise shall be conclusive proof of the truthfulness thereof. Any person,
<br /> including Trustor, Trustee or Beneficiary, may purchase at said sale. Trustee may also sell at any such safe and as a part
<br /> thereof, any shares of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice of
<br /> such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives
<br /> demand of notice of such sale.) After deducting all costs, fees and expenses of Trustee, and of this trust, including cost of
<br /> evidence of title in connection with such sale, Trustee shall first apply the proceeds of sale to the payment of all sums
<br /> expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the note or notes
<br /> secured hereby, and theta to payment of all other sums secured hereby, and if thereafter there be any proceeds remaining,
<br /> distribute them to t;ne person or persons legally entitled thereto.
<br /> U this Deed of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness secured
<br /> hereby, Truster agrees to pay said charge, if any of said indebtedness shall be paid prior to the maturity date thereof stated
<br /> in said note or this Deed of Trust, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in
<br /> performance of any agreement hereunder, and Beneficiary by reason thereof, shall have declared all sums secured hereby
<br /> immediately due and payable.
<br /> SCHEDULE OF LEASES: Within ten ( 10 ) days after demand, Trustor shall furnish to Trustee or Beneficiary a schedule,
<br /> certified by Trustor, setting forth all leases of such property, including, in each ca-.--, the name of the tenants or occupants, a
<br /> description of the space occupied by such tenant and occupant, the rental payable for such space and such other
<br /> information and documents with respect to such leases .and tenancies as the Trustee or Beneficiary may request.
<br /> COVENANTS OF TRUSTOR WITH RESPECT TO LEASES: ithout the prior written consent of Trustee or Beneficiary.
<br /> T ruscc7° snail not, directly or indirectly, with respect to any lease of spacb in such property, whether such lease is not or
<br /> hereafter in existence: ( a ) accep! or permit any prepayment. discount or advance payment of rent thereunder, ( b ) cancel
<br /> or lerminate the same, or accept any cancellation, termination or surrender tyereoi, or permit any event to occur which
<br /> would entitle the lessee thereunder to terminate r r cancel the same: ( c ) an rend or modify the same so as to reduce the term
<br />
|