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200307371
<br />thereof; and in the event of any sale herein prohibited, then the entire indebtedness secured by this
<br />Deed of Trust shall, at the option of the Beneficiary, become due and payable; (i) that if the
<br />Property or any part or parcel thereof shall be taken or damaged under the power of eminent
<br />domain, the award for any Property so taken or damaged (including severance damages to the
<br />remaining premises) shall be paid to the Beneficiary and applied in full or in part at the option of the
<br />Beneficiary in reduction of the indebtedness hereby secured; 0) that the Beneficiary shall have the
<br />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
<br />may release from the lien hereof any part or parcel of the Property without requiring any
<br />consideration therefor, and (1) that Trustor is lawfully seized of said premises and Property in fee
<br />simple, that 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 Trustor will execute or
<br />procure any further necessary assurances of title and does hereby warrant generally the title to said
<br />Property and will forever defend the same against the claims and demands of all persons
<br />whomsoever, and that Trustor's separate estate, whether vested, contingent or in expectancy, is
<br />hereby conveyed and Trustor does hereby expressly waive, release all rights and benefits of any
<br />homestead, dower, courtesy, appraisement, exemption and stay laws of this state. It is agreed that
<br />the interest provided for in 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 Beneficiary shall sell,
<br />transfer or convey or contract to sell, transfer or convey the Property, or any part thereof or any
<br />interest therein, the entire balance of the indebtedness hereby secured shall become and be
<br />immediately due and payable at the option of Beneficiary; provided, however, Beneficiary may
<br />waive such option to accelerate if, prior to such sale, transfer or conveyance or contract therefor,
<br />Beneficiary and the person to whom the property is to be sold or transferred reach an agreement in
<br />writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on
<br />the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request.
<br />THIRD: That as further security for the payment of the Note and the indebtedness thereby
<br />evidenced and the performance of all of the terms, covenants and conditions hereof, Trustor agrees
<br />that Beneficiary shall and 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 and of any personal property
<br />located thereon with or without taking possession of the property affected thereby; and Trustor
<br />hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and
<br />profits as they accrue and payable so long as Trustor is not at such time in default with respect to
<br />payment of any indebtedness secured hereby or in the performance of any agreement hereunder.
<br />Upon any such default, Beneficiary may at any time, either in person, by agent, or by receiver to be
<br />appointed by a court without notice and without regard to the adequacy of any security for the
<br />indebtedness hereby secured (a) enter upon and take possession of the Property or any part thereof
<br />and in its own name sue for or otherwise collect such rents, issues and profits, including those past
<br />due and unpaid, and apply the same, less costs and expenses of operation and collection, including
<br />reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary
<br />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
<br />any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any
<br />application of rents, issues or profits to any indebtedness secured hereby shall not extend or
<br />postpone the due date of the installment payments as provided in the Note or change the amount of
<br />such installments. The entering upon and taking possession of the Property, the collection of such
<br />rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default
<br />or notice of default hereunder, or invalidate any act done pursuant to such notice. Trustor assigns to
<br />Beneficiary, as further 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 be deposited with
<br />Trustor by any lessee of the Property, to secure the payment of any rent or damages, and upon
<br />default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and
<br />deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted by
<br />this paragraph THIRD to any tenant occupying the Property or any portion thereof shall be
<br />sufficient to require said tenant to pay said rent to Beneficiary until further notice.
<br />C
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