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<br />88- 105380
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<br />hereby secured la) 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 prufits 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 thereof as aforesaid,
<br />shall not waive or cure any default or notice of default hereunder, or
<br />invalidate any act done pursuant to such notice. Trustor assigns to
<br />Beneficiary, as further security for the performance of the indebtedness
<br />and obligations secured hereby, all prepaid rents and all moneys which may
<br />have been or may hereafter be deposited with Trustor by any lessee of the
<br />Property, to secure the payment of any rent or damages, and upon default in
<br />the performance of any of the provisions hereof, Trustor agrees to deliver
<br />such rents and deposits to Beneficiary. Delivery of written notice of
<br />Beneficiary's exercise of the rights granted by this paragraph THIRD to any
<br />tenant occupying the Property or any portion thereof shall be sufficient to
<br />require said tenant to pay said rent to Beneficiary until further notice.
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<br />FOURTH: If there 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.
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<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 without 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 decides the Property is to be
<br />sold, it shall deposit with Trustee this Deed of Trust and the Note or
<br />notes and any other documents evidencing expenditures secured hereby, and
<br />shall deliver to Trustee a written notice of default and election to cause
<br />the Property to be sold, and Trustee, in turn, shall prepare a similar
<br />notice in the form required by law, which shall be duly filed for record by
<br />Trustee.
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<br />(a. After the lapse of such time as may be required by law following
<br />the recordation of Notice of Default, and notice of Default and Notice
<br />of Sale having been given as required by law, Trustee, without demand
<br />on Trustor, shall sell the Property hereinbefore described, and any
<br />and every part thereof, in separate parcels or en masse as the Trustee
<br />may elect and in such order as Trustee may determine on the date and
<br />at the time and place designated in said Notice of Sale, at public
<br />auction to the highest bidder, the purchase price payable in cash in
<br />lawful money of the Untied States at the time of sale. The person
<br />conducting the sale may, for any cause he or she deems expedient,
<br />postpone the sale from time to time until it shall be completed and,
<br />in every such case, notice of postponement shall be given by public
<br />declaration thereof by such person at the time and place last appointed
<br />for the sale; provided, if the sale is postponed fOL longer than one
<br />(1) day beyond the day designated in the Notice of Sale, notice
<br />thereof shall be given in the same nldnner as thp (11-iqinal N0ti~p nf
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