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<br />88- 100018
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<br />9. Protection of Security. Should Trustor fail to make
<br />any payment herein provided when due, fail to do any act as
<br />herein provided, or if any action or proceeding is commenced
<br />which materially affects Beneficiary's interest in the Property,
<br />including, but not limited to, eminent domain, insolvency,
<br />arrangements or proceedings involving a bankrupt or a decedent,
<br />or a lien foreclosure, then Trustee or Beneficiary may, but
<br />without obligation to do so, and without notice to or demand
<br />upon Trustor, and without releasing Trustor from any obligation
<br />hereunder, make or do the same, and may pay, purchase, contest
<br />or compromise any encumbrance, charge or lien, which in the
<br />judgment of Beneficiary appears to affect said Property. In
<br />exercising any such powers, Trustee or Beneficiary may incur any
<br />liability and expend whatever amounts, including disbursement of
<br />reasonable attorneys' fees, which in its absolute discretion may
<br />be necessary. Any amounts expended by Trustee or Beneficiary
<br />pursuant to this section 9 shall, at Beneficiary's option,
<br />become immediately due and payable with interest at the rate of
<br />sixteen percent (16%) per annum, and shall be deemed a part of
<br />the indebtedness secured by this Trust Deed.
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<br />10. Assianment of Rents. Beneficiary shall have the
<br />right, power and authority during the continuance of this Trust
<br />Deed, to collect the rents, issues and profits of the Property,
<br />and of any personal property located thereon, with or without
<br />taking possession of the property affected hereby, and Trustor
<br />hereby absolutely and unconditionally assign all such rents,
<br />issues and profits to Beneficiary. Beneficiary, however, hereby
<br />consents to Trustor's collection and retention of such rents,
<br />issues and profits as they accrue and become payable so long as
<br />Trustor is not in default with respect to the payment of the
<br />Note secured hereby, or in the performance of any agreement
<br />hereunder. Upon any such default, Beneficiary may, at any time,
<br />either in person, by agent or by a receiver appointed by a
<br />court, without notice and without regard to the adequacy of any
<br />security for the indebtedness hereby secured (a) enter upon and
<br />take possession of the Property, or any part thereof, and in its
<br />own name, sue for or otherwise collect such rents, i.ssues and
<br />profits, including those past due and unpaid, and apply the
<br />same, less costs and expenses of operation and collection,
<br />including reasonable attorneys' fees, upon any indebtedness
<br />secured hereby, and in such order as Beneficiary may determine;
<br />(b) perform such acts of repair or protection as may be neces-
<br />sary or proper to conserve the value of the Property; and (c)
<br />lease the same or any part thereof for such rental, term, and
<br />upon such conditions as its judgment may dictate.
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<br />Unless Trustor and Beneficiary otherwise agree in writing,
<br />any application of rents, issues or profits to any indebtedness
<br />secured hereby shall not extend or postpone the due date of the
<br />installment payments as provided in the Note or change the
<br />amount of such installments. The entering on and taking posses-
<br />sion of the Property, the collection of such rents, issues and
<br />profits, and the application thereof as aforesaid, shall not
<br />waive or cure any default or notice of default hereunder, or
<br />invalidate any act done pursuant to such notice.
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<br />Delivery of written notice of Beneficiary's exercise of the
<br />rights granted herein to any tenant occupying the Property shall
<br />be sufficient to require such tenant to pay said rent to the
<br />Beneficiary until further notice.
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<br />11. Condemnation. If title to any part of the buildings,
<br />improvements, or personal property constituting the Property
<br />shall be taken in condemnation proceedings by right of eminent
<br />domain, or similar action, or shall be sold under threat of
<br />condemnation, Trustor, at its sole cost and expense, will
<br />promptly restore, repair, replace and rebuild the same as nearly
<br />as practicable to its condition immediately prior to such
<br />taking, or with such changes or alterations as Trustor may deem
<br />appropriate; provided such changes and alterations do not
<br />materially lessen the value and utility of such buildings,
<br />improvements and personalty from that existing prior to the
<br />taking. All awards, damages and proceeds are hereby assigned
<br />and shall be paid to Beneficiary; provided Trustor shall be
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