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<br /> 88-...104 a ,
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<br /> any personal property 'Located thereon with or. without taking
<br /> possession of the property affected hereby, and 'Trustor hereby
<br /> abso!,Utely and unconditionally assigns all such rents, issues and
<br /> profits to Beneficiary. Beneficiary, however, hereby consents to
<br /> Trustor's collection and retention of such rents, issues and
<br /> profits as they accrue and become payable, so long as Trustor is
<br /> not, at such time, in default with respect to payment of any
<br /> indebtedness secured hereby, or in the performance of any agree-
<br /> ment hereunder. If any event of default described hereafter in
<br /> respect to this Deed of Trust shall have occurred and be con-
<br /> tinuing, Beneficiary, as a matter of right and without notice to
<br /> Trustor or anyone claiming under Trustor, and without regard to
<br /> `_he value of the trust estate or the interest of the Trustor
<br /> therein, shall have the right to apply to any court having juris-
<br /> diction to appoint a receiver of the property.
<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 Deed of Trust to be immediately due and pay-
<br /> able and proceed to the remedies available to it under the
<br /> default provisions contained herein.
<br /> 11. Events of Default. Any of the following events shall
<br /> be deemed an event of default hereunder:
<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;
<br /> (b) There has occurred a breach of or default
<br /> under any term, covenant, agreement, condition, provi--
<br /> lion, representation or warranty contained in this Deed
<br /> of Trust, the note or any other loin instrument secured
<br /> hereby;
<br /> (c) There has been a default by they 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;
<br /> (d) Trustor shall file a voluntary petition in
<br /> bankruptcy or shall be adjudicated bankrupt or insolvent,
<br /> or shall make an assignment for the benefit of creditors
<br /> in respect to the property; or an action to enforce any
<br /> lien or encumbrance or judgment; against the property
<br /> is commenced.
<br /> 12. Ac_celeratLon Upon Default.. In the event of any default,
<br /> Beneficiary may declare all indebtedness secured hereby to be due
<br /> and payable, and the same shall thereupon become due and payable
<br /> without any presentment, demand, protest or notice of any kind.
<br /> Thereafter, Beneficiar.}; may:
<br /> (a) either in person or by agent, with or without
<br /> bringing any action or proceeding, or by receiver
<br /> appointed by a cc ,-t 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, ar_e' do any acts which it deems
<br /> necessary and desirable to ,reserve the value, market-
<br /> ability or rentability of die 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
<br /> past 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-
<br /> tion of such rents, issues and 'arcfits and application
<br /> thereof ds aforesaid shall not cure or waive any
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