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<br />88-102009
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<br />{h) not to sell the property or any portion thereof; and in the event of
<br />any sale herein prohibited, then the entire indebtedness secured by this
<br />Deed of Trust shall, at the option of the Beneficiary, beCOlne due and
<br />payable; (i) that if the Property or any part or parcel thereof shall be
<br />taken or damaged under the power of eminent domain, the award for any
<br />Property so taken or damaged (including severance damages to the remaining
<br />premises) shall be paid to the Beneficiary and applied in full or in part
<br />at the option of the Beneficiary in reduction of the indebtedness hereby
<br />secured; {j) that the Beneficiary shall have the right to inspect the
<br />Property at such reasonable times as the Beneficiary may desire to
<br />determine Trustor's compliance with the covenants contained in this Deed of
<br />Trust; (k) that the Beneficiary may release from the lien hereof any part
<br />or parcel of the Property without requiring any consideration therefor, and
<br />(1) that Trustor is lawfully seized of said premises and Property in fee
<br />simple, that the same are free from all liens and encumbrances except as
<br />may otherwise be specifically noted herein or waived in writing by the
<br />Beneficiary; that Trustor will execute or procure any further necessary
<br />assurances of title and does hereby warrant generally the title to said
<br />Property and will forever defend the same against the claims and demands of
<br />all persons whomsoever, and that Trustor's separate estate, whether vested,
<br />contingent or in expectancy, is hereby conveyed and Trustor does hereby
<br />expressly waive, release all rights and benefits of any homestead, dower,
<br />curtesy, appraisement, exemption and stay laws of this state. It is agreed
<br />that the interest provided for in subsection (g) above shall be at the same
<br />rate as specified in the Note secured hereby on the principal thereof after
<br />default and maturity.
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<br />SECOND: In the event Trustor, without the prior written consent of
<br />Beneficiary shall sell, transfer or conveyor contract to sell, transfer or
<br />convey the Property, or any part thereof or any interest therein, the
<br />entire balance of the indebtedness hereby secured shall become and be
<br />in~ediately due and payable at the option of Beneficiary; provided, how-
<br />ever, Beneficiary may waive such option to accelerate if, prior to such
<br />sale, transfer or conveyance or contract therefor, Beneficiary and the
<br />person to whom the property is to be sold or transferred reach an agreement
<br />in writing that the credit of such person is satisfactory to Beneficiary
<br />and that the interest payable on the sums secured by this Deed of Trust
<br />shall be at such rate as Beneficiary shall request.
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<br />THIRD: That as further security for the payment of the Note and the
<br />indebtedness thereby evidenced and the performance of all of the terms,
<br />covenants and conditions hereof, Trustor agrees that Beneficiary shall and
<br />does hereby have the right, power and authority during the continuance of
<br />this Deed of Trust to collect the rents, issues and profits of the Property
<br />and of any personal property located thereon with or without taking pos-
<br />session of the property affected thereby; and Trustor hereby absolutely and
<br />unconditionally assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, however, hereby consents to Trustor's collection and retention
<br />of such rents, issues and profits as they accrue and become payable so long
<br />as Trustor is not at such time in default with respect to payment of any
<br />indebtedness secured hereby or in the performance of any agreement here-
<br />under. Upon any such default, Beneficiary may at any time, either in
<br />person, by agent, or by receiver to be appointed by a court, without notice
<br />and without regard to the adequacy of any security for the indebtedness
<br />hereby secured (a) enter upon and take possession of the property or any
<br />part thereof and in its own name sue for or otherwise collect such rents,
<br />issues and profits, including those past due and unpaid, and apply the
<br />same, less costs and expenses of operation and collection, including
<br />reasonable attorney's fees, upon any indebtedness secured hereby and in
<br />such order as Beneficiary may determine; (b) lease the same or any part
<br />thereof for such rental, term and upon such conditions as Beneficiary's
<br />judgment may dictate or terminate or adjust the terms and conditions of any
<br />existing lease or leases. Unless Trustor and Beneficiary agree otherwise
<br />in writing, any application of rents, issues or profits to any indebtedness
<br />secured hereby shall not extend or postpone the due date of the installment
<br />payments as provided in the Note or change the amount of such installments.
<br />The entering upon and taking possession of the Property, the collection of
<br />such rents, issues and profits, and the application ther.eof as aforesaid,
<br />shall not waive or cure any default or notice of default hereunder, or
<br />inval~date ~ny act done pursuant to such notice. Trustor assigns to
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