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<br />88-. 10402e
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<br />( d) Trustor shall have procured. permitted or suffered, voluntarily or involuntarily, any credilor to obtain a lien not
<br />permitted herein upon all or part of such property; Trustor or any guarantor 01 the indebtedness secured hereby shall
<br />become insolvent of admit In writing its Inability to pay Its debts as they mature. or make an assignment for the benefit of
<br />creditors or apply for or consenlto the appointment of a receiver or trustee for It or for a substantial part of such property, or
<br />such a receiver or trustee shall be appointed and shall not be discharged within thirty (30) days after appointment; or
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<br />( e ) A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest
<br />in such property, or any judgment involving monetary damages shall be entered against Trustor which shall become a lien
<br />on such property or portion thereof or Intereslthereln and such execution, attachment or similar process or judgment Is not
<br />released, bonded, satisfied, vacated or stayed within sixty ( 60 ) days after its entry or levy; or
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<br />( f ) Bankruptcy, insolvency, reorganization, arrangement, or liquidation proceedings or other proceedings for relief
<br />under any bankruptcy law or other law for the reliel of debtors shall be Instituted by or against Trustor or any Guarantor
<br />hereof and If Instituted against such party shall be consented to or shall not be dismissed within sixty ( 60 ) days after such
<br />institution; or
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<br />( g ) Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact, convey, transfer,
<br />contract to sell. lease with option to purchase, sublease, dispose of. change the character or use of. or further encumber
<br />such property, or any part thereof, or any interesllherein, or if any said parties shall be divested oftitie to such real property
<br />of any part thereof, or any interest either voluntarily or involuntarily, or if title to such property be subjected to any lien or
<br />charge voluntarily or involuntarily, contractual or statutory, wilhoutthe written consent of Beneficiary being first had
<br />obtained. or
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<br />( h ) If Trustor Is a partnership and the interest 01 a general partnerlerminates, is assigned or transferred, or is diminished
<br />in any respect. or if Trustor is a corporation and a majority of the voting corporate stock is transferred. sold or assigned, or if
<br />the Trustor is a Trustee of a trust and there is a change 01 any of the Beneficial interest of the trust; or
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<br />( i ) Trustor shall. without the consent 01 Beneticiary, create or consent to the establishment of a district which has taxing
<br />powers.
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<br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: In the event 01 any default hereunder, Beneficiary may, at
<br />its option,:
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<br />( a ) Terminate additional advances, it any, to be made under or pursuant to the Promissory Note or any building loan
<br />agreement; or
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<br />( b ) Declare any sum secured hereby immediately due and payable and the same shall there upon become due and
<br />payable without any presentment, demand. protest or notice of any kind; or
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<br />( c , At any time, with or without notice, either in person, by agent. or by receiver to be appointed by the Court without
<br />regard to the adequacy of any security lor the indebtedness secured hereby. enter upon and take possession of such
<br />property or any part thereol, make. cancel, enforce or modify leases; obtain and ejectlenants, set or modify rents; in its own
<br />name sue or otherwi38 collect the rents, Income, issues and profits thereol.lncludlng those past due and unpaid; and apply
<br />the same, less costs and expenses of operation, including reasonable attorney's fees, upon any Indebtedness secured
<br />hereby and in such order as Beneficiary may determine; and except for such application, Beneficiary shall not be liable to
<br />any person for the collection or non collection of any rents, income, issues or profits for the failure to assert or enforce any of
<br />the foregoing rights, nor shall Beneficiary by charged with any of the duties and obligations of a mortgagee in possession.
<br />The entering upon and taking possession 01 such property, the collectioll of such rents, income, issues or profits, the doing
<br />01 other acts herein authorized, and the application thereol as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done pursuant to such notice; or
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<br />( d ) Cause to be flied on record, a written notice of defau II and election to sell such property. After the lapse of such time
<br />as then may be required by law following recordation of such notice 01 default, and notice of sale having been given as
<br />required by law, Trustea without demand on Trustor shall sell such property, either as a whole or in separate parcels, and in
<br />such order as It or Beneficiary may determine al public auction to the highest bidder. The Trustee may postpone the sale of
<br />all or any portion of such property by public announcement at the time of sale, and Irom time to time thereafter, may
<br />postpone the sale by public ennouncement at the time and place fixed by the preceedlng postponement Trustee shall
<br />deliver to such purchaser Its deed conveying the property so sold. without any covenant or warranty, express or implied.
<br />The recital in such deed of any matters of fact or otherwise shall be conclusive proof 01 the truthfulness thereof. Any person,
<br />including Trustor, Trustee or Beneficiary, may purchase at said sale, Trustee may also sell at any such sale and as a part
<br />thereof, any shares 01 corporate stock securing the obligation secured hereby, and Trustor waives demand and notice of
<br />such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives-
<br />demand of notice of such sale.) After deducting all costs, fees and expenses 01 Trustee, and of this trust, including cost of
<br />evidence of title in connection with such sale, Trustee shall first apply the proceeds 01 sale to the payment of all sums
<br />expended under the terms hereol, not then repaid, with accrued interest at the rate then payable under the note or notes
<br />secured hereby, and then to payment of all other sums secured !lereby, and If thereafter there be any proceeds remaining,
<br />distribute them to the :Jerson or persons legally entitled thereto.
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<br />II this Deed of Trust or any note secured hereby provides lor any charge lor prepayment of any indebtedness secured
<br />hereby, Trustor agrees to pay said charge, II any 01 said indebtedness shall be paid prior to the maturity date thereof staled
<br />in said note or this Deed of Trust. even II and notwithstanding Trustor shall have defaulted in payment thereol. or in
<br />performance of any agreement hereunder. and Beneficiary by reason thereof, shall have declared all sums secured hereby
<br />Immediately due and payable,
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<br />SCHJ;DUL.E OF LEASeS; Within ten ( 10 ) days aller demand, Trustor shall furnish to Trustee or Beneficiary a schedule.
<br />certified by Trustor, salting lorth all leases 01 such property, including, in each case. the name of the tenants or occupants, a
<br />description 01 the space occupied by such tenant and occupant, the rental payable for sl.!ch space and such other
<br />Information and documents with respeclto such leases and tenancies as the Trustee or Beneliclary may request.
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<br />COVENANTS OF TRUSTOR WITH RESPECT TO LEASES: Without the prior written consent of Trustee or Benelicmry,
<br />Trustor shall not, directly or Indirectly, with respect to any lease 01 space in such property, whether such lease IS not or
<br />hereafter In exlltence ( a ) accept or permit any prepayment, discount or advance payment of rent thereunder, I b ) cancel
<br />or term Illata the same. or accapt any cancellation, termination or surrender thereof, or permilollY event to occur which
<br />would lIlllllle the IlISBoe thereunderlo termlllate or cancellhe same, ( c ) amelld or modify the same so as to reduce Ihe lor m
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