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200409861
<br />portion thereof without the approval of the Beneficiary in writing; and in
<br />the event of any sale herein prohibited, then the entire indebtedness secured
<br />by this Deed of Trust shall, at the option of the Beneficiary, become due and
<br />payable; (i) that if the Property or any part or parcel thereof shall be
<br />taken or damaged under the power of eminent domain, the award for any
<br />Property so taken or damaged (including severance damages to the remaining
<br />premises) shall be paid to the Beneficiary and applied in full or in part at
<br />the option of the Beneficiary in reduction of the indebtedness hereby
<br />secured; (j) that the Beneficiary shall have the right to inspect the
<br />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)
<br />that the Beneficiary may release from the lien hereof any part or parcel of
<br />the Property without requiring any consideration therefor, and (1) that
<br />Trustor is lawfully seized of said premises and Property in fee simple, that
<br />the same are free from all liens and encumbrances except as may otherwise be
<br />specifically noted herein or waived in writing by the Beneficiary; that
<br />Trustor will execute or procure any further necessary assurances of title and
<br />does hereby warrant generally the title to said Property and will forever
<br />defend the same against the claims and demands of all persons whomsoever, and
<br />that Trustor's separate estate, whether vested, contingent or in expectancy,
<br />is hereby conveyed and Trustor does hereby expressly waive, release all
<br />rights and benefits of any homestead, dower, curtesy, appraisement, exemption
<br />and stay laws of this state. It is agreed that the interest provided for in
<br />subsection (g) above shall be at the same rate as specified in the Note
<br />secured hereby on the 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 />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
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