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<br />88- 101888
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<br />9. Assignment of Rents. Beneficiary shall have the right,
<br />power and authority during the continuance of this Amended Deed
<br />of Trust 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 />~ereby absolutely and unconditionally assigns all such rents,
<br />lssues 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, at such time, in default with respect to payment
<br />of any indebtedness secured hereby, or in the performance of any
<br />agreement hereunder. If any event of default described hereafter
<br />in respect to this Amended Deeu of Trust shall have occurred and
<br />be continuing, Beneficiary, as a matter of right and without
<br />notice to Trustor or anyone claiming under Trustor, and without
<br />regard to the value of the trust estate or the interest of the
<br />Trustor therein, shall have the right to apply to any court
<br />having jurisdiction to appoint a receiver of the property.
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<br />10. Transfer of Property. If all 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 Amended Deed of Trust to be immediately due
<br />and payable 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 payment 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, provl-
<br />sion, representation or ,,,arranty contained in this
<br />Amended Deed 0 f Trust, the note or any other loan
<br />instrument secured 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 insol-
<br />vent, or shall make an assignment for the benefit of
<br />creditors in respect to the property: or an action to
<br />enforce any lien or encumbrance or judgments against
<br />the property is commenced.
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<br />12. Acceleration Upon Default. In the event of any default,
<br />Beneficiary may declare all 1ndebtedness secured hereby to be due
<br />and payable, and the same shall thereupon become due and payable
<br />without any presentment, qemand, 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 own 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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