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<br />87- 107309
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<br />to collect the rents, issues and profits of the property and of
<br />any personal property located thereon with or without taking
<br />possession of the property affected hereby, and Trustor hereby
<br />absolutely and unconditionally assigns all such rents, issues and
<br />profits to Beneficiary. Beneficiary, however, hereby consents to
<br />Trustor's collection and retention of such rents, issues and
<br />profits as they accrue and become payable, so long as Trustor is
<br />not, at such time, in default with respect to payment of any
<br />indebtedness secured hereby, or in the performance of any agree-
<br />ment hereunder. If any event of default described hereafter in
<br />respect to this Deed of Trust shall have occurred and be con-
<br />tinuing, Beneficiary, as a matter of right and without notice to
<br />Trustor or anyone claiming under Trustor, and without regard to
<br />the value of the trust estate or the interest of the Trustor
<br />therein, shall have the right to apply to any court having juris-
<br />diction to appoint a receiver of the property.
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<br />10. Transfer of Property. If al.l. or any part of the
<br />property or any interest of Trustor therein is sold, transferred
<br />or further encumbered without the express or written consent of
<br />Beneficiary, Beneficiary may, at its sole option, declare all
<br />sums secured by this Deed of Trust to be immediately due and pay-
<br />able and proceed to the remedies available to it under the
<br />default provisions contained herein.
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<br />11. Events of Default. Any of the following events shall
<br />be deemed an event of default hereunder:
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<br />(a) Trustor shall have failed to make pa}~ent of
<br />any installment of interest, principal or principal and
<br />interest or any other sums secured hereby when due:
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<br />(b) There has occurred a breach of or default
<br />under any term, covenant, agreement, condition, provi-
<br />sion, representation or warranty contained in this Deed
<br />of Trust, the note or any other loan instrument secured
<br />hereby:
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<br />(c) There has been a default by the Trustor in
<br />the payment of any prior or subsequent lien or encum-
<br />brance in respect to all or any part of the property:
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<br />(d) Trustor shall file a voluntary petition in
<br />bankruptcy or shall be adjudicated bankrupt or insolvent,
<br />or shall make an assignment for the benefit of creditors
<br />in respect to the property: or an action to enforce any
<br />lien or encumbrance or jUdgments against the property
<br />is conunenced.
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<br />12. Acceleration Upon Default. In the event of any default,
<br />Beneficiary may declare all indebtedness secured hereby to be due
<br />and payable, and the same shall thereupon become due and payable
<br />without any presentment, demand, protest or notice of any kind.
<br />Thereafter, Beneficiary may:
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<br />(a) either in person or by agent, with or without
<br />bringing any action or proceeding, or by receiver
<br />appointed by a court and without regard to the adequacy
<br />of any security, enter upon and take possession of the
<br />property, or any part thereof, in its o~~ name or in
<br />the name of the Trustee, and do any acts which it deems
<br />necessary and desirable to preserve the value, market-
<br />ability or rentability of the property, or part thereof
<br />or interest therein, increase the income therefrom or
<br />protect the security hereof and, without taking posses-
<br />sion of the property, sue for or otherwise collect the
<br />rents, issues and profits thereof, including those past
<br />due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection, including attorney
<br />fees, upon any indebtedness secured hereby, all in such
<br />order as Beneficiary may determine. The entering upon
<br />and taking possession of the trust estate, the collec-
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