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<br />88- 101481
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<br />( d ) Trustor shall have procured, permitted,o;' sLiff~red, voluntarily or involuntarily, any creditor to obtain a lien not
<br />permitted herein upon all or part of such property; Trustor or any guarantor of the indebtedness secured hereby shall
<br />become insolvent of admit in writing its inability to pay its debts as they mature, or make an assignment for the benefitof
<br />creditors or apply for or consent to the appointment of a receiver or trustee for it or for a substantial part of such property, or
<br />such a receiver or trustee shall be appointed and shall not be diSCharged within thirty (30) days after appointment; or
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<br />( e ) A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest
<br />in such property, or any judgment involving monetary damages shall be entered against Trustor whichshall become a lien
<br />on such propertY or portion thereof or interesttherein and such execution, attachment or similar processor judgment is not
<br />released, bonded, satisfied, vacated or stayed within sixty ( 60 ) days after its entry or levy: or
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<br />( f ) Bankruptcy, insolvency, reorganization, arrangement, or liquidation proceedings or other proceedings for relief
<br />under any bankruptcy law or other law for the relief of debtors shall be instituted by or against Trustor or any Guarantor
<br />hereof and if instituted against such party shall be consented to or shall not be dismissed within sixty ( 60 ) days after such
<br />institution; or
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<br />( g ) Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact, convey, transler,
<br />contract to sell, lease with option to purchase, sublease, dispose of, change the character or use of, or lurther encumber
<br />such property, or any part thereof, or any interest therein, or if any said parties shall be divested oftitleto such real property
<br />of any part thereof, or any interest either voluntarily or involuntarily, or if tme to such property be subjected to any lien or
<br />charge voluntarily or involuntarily, contractual or statutory. without the written consent 01 Beneficiary being first had
<br />obtained, or
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<br />( h ) If Trustor is a partnership and the interest of a general partner termi nates. is assigned or transferred, or is diminished
<br />in any respect, or il Trustor is a corporation and a majority of the voting corporate stock is transferred, sold or assigned, or if
<br />the Trustor is a Trustee of a trust and there is a change of any of the Beneficial interest of the trust; or
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<br />( i ) Trustor snail, without the consent of Beneficiary, create or consent to the establishment 01 a district which has taxing
<br />powers.
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<br />ACCELERATION UPON DEFAULT, ADDITIONAL REM EDIES: In the event of any default hereunder, Beneficiary may, at
<br />its option,:
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<br />( a ) Terminate additional advances, if any, to be made under or pursuant to the Promissory Note or any building loan
<br />agreement; or
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<br />( b ) Declare any sum secured hereby immediately due and payable and the same shall there upon become due and
<br />payable without any presentment, demand, protest or notice of any kind; or
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<br />( c ) At any time, with or without notice, either in person, by agent, or by receiver to be appointed by the Court without
<br />regard to the adequacy of any security for the indebtedness secured hereby, enter upon and take possession of such
<br />property or any part thereof, make. cancel, enforce or modify leases; obtain and eject tenants, set or modify rents; in its own
<br />name sue or otherwise collect the rents, income, issues and profits thereof, including those past due and unpaid; and apply
<br />the same, less costs and expenses of operation, including reasonable attorney's fees, upon any indebtedoess secured
<br />hereby and in such order as Beneficiary may determine; and except for such application, Beneficiary shall not be liable to
<br />any person lor the collection or noncollection of any rents, income, issues or profits for the failureto assert or enlorce any of
<br />the foregoing rights, nor shall BenefiCiary by charged with any of the duties and obligations of a mortgagee in possession.
<br />The entering upon and taking possession of such property, the collection of such rents, income, issues or prolits, the doing
<br />of other acts herein authorized, and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done pursuant to such notice: or
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<br />( d ) Cause to be filed on record, a written notice of default and election to sell such property. After the lapse of such time
<br />as then may be required by law following recordation of such notice of default, and notice of sale having been given as
<br />required by law, Trustee without demand on Trustor shall sell such property, eitherasa whole or in separate parcels, and in
<br />such order as it or Beneficiary may determine at public auction to the highest bidder. The Trustee may postpone the sale of
<br />all or any portion of such property by public announcement at the time of sale, and from time to time thereafter, may
<br />postpone the sale by public announcement at the time and place fixed by the preceeding postponement Trustee shall
<br />defiver to such purchaser its deed conveying the property so sold, without any covenant or warranty, express or implied.
<br />The recital in such deed of any matters offact or otherwise shall be conclusive proof olthe truthfulness thereof, Any person,
<br />including Trustor, Trustee or Beneficiary, may purchase at said sale, Trustee may also sell at any such sale and as a part
<br />thereof, any shares of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice 01
<br />such sale. (Beneficiary at its option may also forecloSe on such shares by independent pledge sale. and Trustor waives
<br />demand of notice of such sale,) After deducting all costs, fees and expenses of Trustee, and of thill trust, including t;ost 01
<br />evidence of title in connection with such sale, Trustee shall first apply the proceeds of sale to the payment of all sums
<br />expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the note or notes
<br />secured hereby, and then to payment of all other sums secured hereby, and if thereafter there beany proceeds remaining,
<br />distribute them to the person or persons legally entilled thereto.
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<br />If this Deed of Trust or any note secured hereby prOVides for any charge lor prepayment of any indebtedness secured
<br />hereby, Trustor agrees to pay said charge, if any of said indebtedness shall be paid prior to the maturity date thereof stated
<br />in said note or this Deed 01 Trust, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in
<br />performance 01 any agTeement hereunder, and Beneficiary by reason thereof, shall have declared all sums secured hereby
<br />immediately due and payable,
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<br />SCHEDULE OF LEASES: Within ten ( 10 ) days after demand. Trustor shall furnish to Trustee or Beneficiary a schedule,
<br />certified by Trustor, setting lorth all leases of such property, Incl uding, in each case, the name of the tenants or occupants, a
<br />description of, the space occupied by such tenant and occupant, the rental payable for such space and such other
<br />information and documents with respect to such leases and tenancies as the Trustee or Beneficiary may request.
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<br />COVENANTS OF TRUSTOR WITH RESPECT TO LEASES: Without the prior written consent ot Trustee or Beneficiary,
<br />Trustor shan not, directly or indirectly, with respect to any lease of space In such property, whether such lease is not or
<br />heu~lItter in .xlstente: ( a ) accept or permit any prepayment, discount or advance payment of ront therounder; ( b ) cancel
<br />or termin_tethe same, or accept any cancellation, termination Or surrender thereof, Ot permit nny ovont to ocelli which
<br />would entitle the lessee thereunder to terminate or cancol the same; ( c ) umend or modify tho somo so 8510 I nduco Iho telln
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