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(h) If Trustor is a partnership and the interest of a general partner terminates, is sssigned"o_rt,tranet W o G dig hished in <br />any respect, or if Trustor is a corporation and a majority of the voting corporate stock is transferred, sold or-assigned, or if the <br />Trustor is a Trustee of a trust and there is a change of any of the P meficial interest of the trust; or <br />(i) Trustor shall, without the consent of Beneficiary, create or consent to the establishment of a district which has taxing <br />power. <br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: In the event of any default hereunder, Beneficiary <br />may, at its option,: <br />(a) Terminate additional advances, if any, to be made under or pursuant to the Promissory Note or any building loan agree• <br />meat; or <br />(b) Declare any sum secured hereby Immediately due and payable and the same shall there upon became due and payable <br />without any presentment, demand, protest or notice of any kind; or <br />(c) At any time, with or without notice, either in person, by agent, or by receiver to be appointed by the Court withoutregard <br />the adequacy of any security for the indebtedness secured hereby, enter upon and takepoesession of such propert-j or any part <br />thereof. make, cancel, enforce or modify lessee; obtain and e)ect tenants, set or modify fronts; in its own name sue or otherwise <br />collect the rents, income, issues and profits thereof, including those past due and unpaid; and apply the same, less costs and <br />expenses of operation, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Bone• <br />ficiary may determine; and except for such application, Beneficiary shall not be liable to any person for the collection or non- <br />collection of any rents, income, issues or profits for the failure to assert or enforce any of the foregoing rights, nor shall Bens - <br />ficimy be charged with any of the duties and obligations of a mortgagee in possession. The entering upon and taking posses- <br />sion of such property, the collection of such rents, income, issues or profits, the doing of other acts herein authorised, and the <br />applicrition thereof as aforesaid, shall not cure or waive any default or notice of default hersunder or invalidate any act done <br />pursuant to such notice; or <br />(d) Cause to be fled of record, a written notice of default and election to sell such property. After the lapse of such time as then <br />may be required by law following recordation of such notice of default, and notice of sale having been given as required by law, <br />Trustee, without demand on Trustor shall sell such property, either u a whole or in separate parcels, and in such order an itor <br />Beneficiary may determine at public auction to the highest bidder. The Trustee may postpone the sale of all or any portion of <br />such property by public announcement at the time of sale, and from time to time thereafter, may postpone the sale by public <br />announcement at the time and place fixed by the proceeding postponement. Trustee shall deliver to such purchaser its deed <br />conveying the property so sold, without any covenant or warranty, express or implied. The recitial in such deed of any matters <br />of fact or otherwise shall be conclusive proof of the truthfulness thereof. Any person, including Trustor. Trustee or Benefici- <br />ary, may purchase at said sale. Trustee may also sell at any such sale and as a part thereof, any shares of corporate stock setae <br />ing the obligation secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at it's option may also <br />foreclose on such shares by independent pledge sale, and Trustor waives demand of notice of such sale.) After deducting oil <br />cosh, fees and expenses of Trustee, and of this trust, including cost of evidence of title in connection with such sale. Trustee <br />shall tint apply the proceeds of sale to the payment of all sums expanded under the terms hereof, not then repaid, with accrued <br />interest at the rate then payable under the note or notes secured hereby, and then to payment of all othersume secured hereby, <br />and if thereafter then be any proceeds remaining, distribute them to the person or persons legally entitled thereto. <br />If this Dead of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness secured hereby, <br />Tustor agrees to pay said charge, if any of said indebtedness shall be paid prior to the maturity date thereof stated in said note <br />or this Deed of Trust, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in performance of any <br />agreement hereunder, and Beneficiary by reason thereof, shall have declared all sums secured hereby immediately due and <br />payable. <br />SCHEDULE OF LEASES: Within ten (10) days after demand, Trustor shall furnish to Trustee or Beneficiary a schedule, <br />certified by Trustor, setting forth all leases of such property, Including, in each case, the name of the tenants or occupant@, ■ <br />description of the space occupied by such tenant and occupant, the rental payable for such space and such other information <br />and documents with respect to such leases and tenancies as the Trustee or Beneficiary may request <br />COVENANTS OF TRUSTOR WITH RESPECT TO LEASES: Without the prior written consent of Trust" or Beneficiary. <br />Trustor shall not directly or indirectly, with respect to any Isass of space in such property, whether such lease is not or hereof• <br />tartar in existence: (a) accept or permit any prepayment, discount or advance payment of rent thereunder, (b) cancel or termi. <br />nate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would entitle <br />the lessee thereunder to terminate or cancel the same; (c) amend or modify the same so as to reduce the term thereof. the rental <br />payable thereunder, or to change any renewal provisions therein contained; (d) waive any default thereunder or breech thnof; <br />(e) give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereun- <br />der, which would have the effect of impairing the value of lesson interest thereunder or the property subject thereto, or of im. <br />pairing the position or interest of the Trustee or Beneficiary; or (f) sell, assign, pledge, mortgage or otherwise dispose ot or <br />encumber its interest in any said lease or any rents, issues or profits issusing or rising thereunder. <br />DUTIES OF THE TRUSTEE: Trustor agrees that; (a) the duties and obligations of Trustee shall be determined solely by the <br />express provisions of thin Deed of Trust and theTrustse shall not be liable except for the performance of such duties and obliga• <br />tions as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon the Trustee; (b) no pro- <br />of this Deed of Trust shall require Trustes to expend or risk its own funds, or otherwise incur any financial obligation in the per- <br />formance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have grounds for believing <br />that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it; (c) Trust. <br />of may consult with counsel of its own choosing and the advise of such counsel shall be hull and complete authorisation and <br />Protection in the respect of any action taken or suffered by it hereunder in good faith and in reliance thereon; (d) Trustee shall <br />not be liable for any action taken by it in good faith and reasonably believed by it to be authorised or within the discretion or <br />rights of powers conferred upon it by this Dosd of Trust, <br />TRUSTEE'S FEES: Trustor expressly covenants and agrees to pay and discl, arge all cost, fees and expenses of this Deed of <br />Trust, including in the event of sale by the Trustee of such property, the Tnuteo' •. rosts, expenses and fees, which fees shall not <br />exceed IbW.00 plus % of 1% of the amount secured hereby and remaining unpaid. <br />SUBSTITUTION OF TRUSTEE: That Beneficiary may, from time to time, by instrument in writing, substitute a sucerssor <br />or successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary <br />and recorded in the office of tho register of deeds of the county or counties when such property is situated, shall be conclnstvs <br />