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<br />r <br /> <br />I' <br />t <br />e: <br />t <br />! <br />I <br />~ <br /> <br />L <br /> <br />88- 102147 <br /> <br /> <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. <br /> <br />THIRD: Due to the fact that the property, the subject of this Deed of <br />Trust:-r;-residence property and was purchased by Trustor from Beneficiary <br />as their personal residence, Trustor shall not rent, sublet or surrender <br />possession of the property to anyone without consent of Beneficiary i~ <br />writing; however, in the event such permission is given in writing, as <br />further security for the payment of the Note and the indebtedness thereby <br />evidenced and the performance of all of the terms, covenants and conditions <br />hereof, Trustor agrees that Beneficiary shall and does hereby have the <br />right, power and authority during the continuance of this Deed of Trust to <br />collect the rents, issues and profits of the Property and of any personal <br />property located thereon with or without takin~ possession of the property <br />affected thereby; and Trustor hereby absolutely and unconditionally assigns <br />all such rents, issues and profits to Beneficiary. Beneficiary, however, <br />hereby consents to Trustor's collection and retention of such rents, issues <br />and profits as they accrue and become payable so long as Trustor is not at <br />such time in default with respect to payment of any indebtedness secured <br />hereby or in the performance of any agreement hereunder. Upon any such <br />default, Beneficiary may at any time, either in person, by agent, or by <br />receiver to be appointed by a court, without notice and without regard to <br />the adequacy of any security for the indebtedness hereby secured (al enter <br />upon and take possession of the property or any part thereof and in its own <br />name sue for or otherwise collect such rents, issues and profits, including <br />those past due and unpaid, and apply the same, less costs and expenses of <br />operation and collection, including reasonable attorney's fees, upon any <br />indebtedness secured hereby and in such order as Beneficiary may determine; <br />{bl lease the same or any part thereof for such rental, term and upon such <br />conditions as Beneficiary's judgment may dictate or terminate or adjust the <br />terms and conditions of any existing lease or leases. Unless Trustor and <br />Beneficiary agree otherwise in writing, any application of rents, issues or <br />profits to any indebtedness secured hereby shall not extend or postpone the <br />due date of the installment payments as provided in the Note or change the <br />amount of such installments. The entering upon and taking possession of <br />the Property, the collection of such rents, issues and profits, and the <br />application thereof as aforesaid, shall not waive or cure any default or <br />notice of default hereunder, or invalidate any act done pursuant to such <br />notice. Trustor assigns ,to Beneficiary, as further security for the <br />performance of the indebtedness and obligations secured hereby, all prepaid <br />rents and all moneys which may have been or may hereafter be deposited with <br />Trustor by any lessee of the Property, to secure the payment of any rent or <br />damages, and upon default in the performance of any of the provisions <br />hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. <br />Delivery of written notice of Beneficiary's exercise of the rights granted <br />by this paragraph THIRD to any tenant occupying the Property or any portion <br />thereof shall be sufficient to require said tenant to pay said rent to <br />Beneficiary until further notice. <br /> <br />FOURTH: If thez~ shall be filed by or against the Trustor any peti- <br />tion or proceeding seeking an arrangement or composition or extension or <br />any other relief under or pursuant to the Federal Bankruptcy Code or any <br />other similar statute as now or hereafter in effect, or if the Trustor <br />shall be adjudicated bankrupt or insolvent or any of Trustor's property <br />shall have been sequestered and such decree shall have continued undis- <br />charged and unstayed for 90 days after the entry thereof, then the whole of <br />the Note and indebtedness hereby secured shall, without notice, at the <br />option of the Beneficiary, become due and payable. <br /> <br />FIFTH: Upon default by Trustor in the payment of or performance of <br />the terms-and conditions of the Note, or any renewals, modifications or <br />executions thereof, the payment of any other indebtedness secured hereby or <br />in the performance of any agreement, covenant or warranty herein contained <br />or set forth in any agreement or instrument executed by Trustor in con- <br />nection with the indebtedness hereby secured, Beneficiary may declare all <br />sums secured hereby immediately due and payable and the same shall there- <br />upon become due and payable withuut presentment, demand, protest or notice <br />of any kind. Thereafter, Beneficiary may deliver to Trustee a written <br />declaration of default and demand for sale. Trustee shall have the power <br />of sale of the Property and if Beneficiary decidrs the Property is to be <br />sold, it shall deposit with Trustee this Deed of Trust and the Note or <br /> <br />r' <br />... <br /> <br /> <br />~~~- <br /> <br />...0lIl <br />