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<br />200706465
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<br />hereby or toward the reconstruction or repair of said buildings and improvements or release same
<br />to the Trustor; (e) to pay any lien, claim or charge against the Property which might take
<br />precedence over the lien hereof; (f) to pay on demand all legal expenses, title searches, appraisal
<br />or attorneys' fees reasonably incurred or paid by Beneficiary to collect the Note or f'()reclose or
<br />protect the lien of this Deed of Trust; (g) that in the event Trustor shall fail to comply with the
<br />provisions of (a) through (f) above, the Beneficiary may expend such funds and take such action
<br />as is necessary to remedy such failure and all sums paid by the Beneficiary pursuant hereto with
<br />interest at the rate hereinafter provided shall constitute a lien upon the Property, shall be secured
<br />by this Deed of Trust, and shall be immediately due and repayable to the Beneficiary; (h) not to
<br />sell the Property or any portion thereof without the approval of the Beneficiary in writing; and in
<br />the event of any sale herein prohibited, then the entire indebtedness secured by this Deed of Trust
<br />shall, at the option of the Beneficiary, become due and payable; (1) that if the Property or any part
<br />or parcel thereof shall be taken or damaged under the power of eminent domain, the award for
<br />any Property so taken or damaged (including severance damages to the remaining premises) shall
<br />be paid to the Beneficiary and applied in full or in part at the option of the Beneficiary in
<br />reduction of the indebtedness hereby secured; G.)that the Beneficiary shall have the right to
<br />inspect the Property at such reasonable times as the Beneficiary may desire to determine
<br />Trustor's compliance with the covenants contained in this Deed of Trust; (k) that the Beneficiary
<br />may release from the lien hereof any part or parcel of the Property without requiring any
<br />consideration therefor, and (1.) that Trustor is lawfully seized of said premises and Property in fee
<br />simple, that the same are free from all liens and encumbrances except as may otherwise be
<br />specifically noted herein or waived in writing by the Beneficiary; that Trustor will execute or
<br />procure any further necessary assurances of title and does hereby warrant generally the title to
<br />said Property and will forever defend the same against the claims and demands of all persons
<br />whomsoever, and that Trustor's separate estate, whether vested, contingent or in expectancy, is
<br />hereby conveyed and Trustor does hereby expressly waive, release all rights and benefits of any
<br />homestead, dower, courtesy, appraisement, exemption and stay laws of this state. It is agreed that
<br />the interest provided f'()r in subsection (g) above shall be at the same rate as specified in the Note
<br />secured hereby on the principal thereof after default and maturity.
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<br />SECOND. In the event Trustor, without the prior written consent of Beneficiary, shall
<br />sell, transfer or conveyor contract to sell, transfer or convey the Property, or any part thereof or
<br />any interest therein, the entire balance of the indebtedness hereby secured shall become and be
<br />immediately due and payable at the option of Beneficiary; provided, however, Beneficiary may
<br />waive such option to accelerate if, prior to such sale, transfer or conveyance or contract therefor,
<br />Beneficiary and the person to whom the property is to be sold or transferred reach an agreement
<br />in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable
<br />on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request.
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<br />THIRD. That as further security for the payment ofthe Note and the indebtedness
<br />thereby evidenced and the performance of all of the terms, covenants and conditions hereof~
<br />Trustor agrees that Beneficiary shall and does hereby have the right, power and authority during
<br />the continuance ofthis Deed of Trust to collect the rents, issues and profits of the Property and of
<br />any personal property located thereon with or without taking possession of the property affected
<br />thereby; and Trustor hereby absolutely and unconditionally assigns all such rents, issues and
<br />profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and
<br />retention of such rents, issues and 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 indebtedness secured hereby or in the
<br />performance of any agreement hereunder. Upon any such default, Beneficiary may at any time,
<br />either in person, by agent, or by receiver to be appointed by a court, without notice and without
<br />regard to the adequacy of any security for the indebtedness hereby secured (a) enter upon and
<br />take possession of the Property or any part thereof and in its own name sue for or otherwise
<br />collect such rents, issues and profits, including those past due and unpaid, and apply the same,
<br />less costs and expenses of operation and collection, including reasonable attorney's fees, upon
<br />any indebtedness secured hereby and in such order as Beneficiary may determine; (b) lease the
<br />same or any part 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 existing lease or
<br />leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, issues
<br />or profits to any indebtedness secured hereby shall not extend or postpone the due date of the
<br />installment payments as provided in the Note or change the amount of such installments. The
<br />entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of
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