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<br />87- 10'(401) <br /> <br />r <br /> <br />25. Events of Default. Each of the following occurrences shall con- <br />stitute an event of defaul thereunder, (hereinafter called an <br />"Event of Default"); <br /> <br />(a) Any warranty of title made by Trustor herein shall be un- <br />true, <br /> <br />~; <br /> <br />(b) Trustor shall fail to observe or perform any of the <br />covenants, agreements or conditions in this Deed of Trust, <br /> <br />(c) Trustor shall fail to perform or observe any of the <br />covenants, conditions or agreements contained in, or binding <br />upon Trustor under any building loan agreement, security <br />agreement, loan agreement, financing statement, or any other <br />agreement, instrument or document executed by Trustor in <br />connection with the loan evidenced by the Note, <br /> <br />(d) A trustee, receiver or liquidator of the Trust Property or of <br />Trustor shall be appointed, or any of the creditors of <br />Trustor shall file a petition in bankruptcy against Trustor, <br />or for the reorganization of Trustor pursuant to the Federal <br />Bankruptcy Code, or any similar law, whether federal or <br />state, and if such order or petition shall not be discharged <br />or dismissed within thirty (30) days after the date on which <br />such order or petition was filed, <br /> <br />(e) Trustor shall file a petition pursuant to the Federal <br />Bankruptcy Code or any similar law, federal or state, or if <br />Trustor shall be adjudged a bankrupt, or be declared insol- <br />vent, or shall make an assignment for the benefit of credi- <br />tors, or shall admit in writing its inability to pay its <br />debts as they become due, or shall consent to the appointment <br />of a receive of all or any part of the Trust Property, <br /> <br />(f) Final judgment for the payment of money shall be rendered <br />against Trustor and Trustor shall not discharge the same, or <br />cause it to be discharged, within thirty (30) days after the <br />entry thereof, and shall not appeal therefrom or from the <br />order, decree or process upon which or pursuant to which said <br />judgment was granted, based, or entered, and secure a,stay of <br />execution pending such appeal, <br /> <br />(g) If Trustor is a corporation or partnership and more than <br />fifty percent (50%) of the shares or beneficial interests in <br />such corporation or partnership, as the case may be, shall be <br />transferred or conveyed, whether voluntarily or <br />involuntarily, without the written consent of Beneficiary <br />being first had and obtained. <br /> <br />26. Acceleration of Debt; Foreclosure. Upon the occurrence of any <br />Event of Default, or any time thereafter, Beneficiary may, at its <br />option, declare all the Indebtedness secured hereby immediately <br />due and payable and the same shall bear interest at the default <br />rate, if any, set forth in the Note, or otherwise at the highest <br />rate permitted by law, and, irrespective of whether Beneficiary <br />exercises said option, it may, at its option and in its sole <br />discretion, without any further notice or demand to or upon <br />Trustor, do one or more of the following; <br /> <br />L <br /> <br />(a) Beneficiary may enter upon, take possession of, manage and <br />operate the Trust Property or any part thereof; make repairs <br />and alterations and do any acts which Beneficiary deems pro- <br />per to protect the security thereof, and either with or with- <br />out taking possession, in its own name, sue for or otherwise <br />collect and receive rents, issues and profits, including <br />those past due and unpaid, and apply the same, less costs and <br />expenses of operat ion and collect ion, including reasonable <br />attorney fees and Beneficiary's costs, upon the indebtedness <br />secured hereby and in such order as Beneficiary may deter- <br /> <br />-8- <br /> <br />l'~ <br /> <br /> <br />I <br /> <br />l <br /> <br /> <br />r- <br />i <br /> <br />I, <br /> <br />" <br />/' <br />l <br />