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87-- 103487
<br />(a) if a trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed and such order shall not be discharged or
<br />dismissed within thirty days after such appointment; or
<br />(f) ;.` 'r :ustG,- s;hal! Lilo a potiffon pursuant to the Foderat Bankrn;litcy Corlr+ or any similar law. federal or state, or if Trustor shall be
<br />adjudged a bankrupt, or be declared insolvent, ur shall make an assignment for the benefit of creditors, or shall admit in writing its
<br />inability to pay its debts as they become due, or shall consent to the appointment of a receive, of all or any pan or the Trust Property;
<br />or
<br />(g) if any of the creditors of the Trustor shall file a petition in bankruptcy against Trustor, or for reorganization of Trustor pursuant to the
<br />Federal Bankruptcy Code, or any similar law, whether federal or state, and it such petition shall not be discharged or dismissed
<br />within thirty days after the date on which such petition was filed; or
<br />(h) If final judgment of the payment of money shall be rendered against Trustor and Trustor shall not discharge the same, or cause it to
<br />be discharged, within thirty days after the entry thereof, or shall not appeal therefrom or from the order, decree or process upon
<br />which or pursuant to which said judgment was granted, based, or entered, and secure a stay of execution pending such appeal; or'
<br />(i) If any of the events of default enumerated in causes (f) through (h) of this Paragraph 17 shall happen to Borrower; or
<br />(j) If Trustor shall sell or convey the Trust Property, or any part thereof, or any interest therein, or shall be divested of its title, or any
<br />interest therein, in any manner or way, whether voluntarily or involuntarily, without the written consent of Beneficiary being first had and
<br />obtained;
<br />then, and in every such event of default, Beneficiary may, at its option and without further notice or demand, declare all the Indebtedness
<br />secured hereby immediately due and payable, and, irrespective of whether Beneficiary exercises said option, it may, at its option and its
<br />sole discretion, without any further notice or demand to or upon Trustee, do one or more of the following:
<br />(1) Beneficiary may enter upon, take possession of, manage, and operate the Trust Property or any part thereof, make repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security hereof, and either with or without taking
<br />possession, in its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaid,
<br />and apply the same, less costs and expenses of operation and collection, including reasonable attorneys fees and the Beneficiary's
<br />costs, upon any Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor
<br />shall assemble and make available to the Beneficiary at the premises any of the Trust Property which has been removed therefrom.
<br />The entering upon and taking possession of the Trust Property, the collection of any rents, issues and profits, and the application
<br />thereof as aforesaid, shall not cure or waive any default theretofor or thereafter occurring, or affect any notice of default hereunder or
<br />invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and
<br />application of rents, issues or profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law
<br />upon or after the occurrence of an event of default, including the right to exercise the power of sale. Any of the actions referred to in
<br />this Paragraph may be taken by Beneficiary at such time as Beneficiary is so entitled without regard to the adequacy of any security
<br />for the Indebtedness secured hereby.
<br />(2) Beneficiary shall, without regard to the adequacy of any security for the indebtedness secured hereby, be entitled to appointment of
<br />a receiver by any court having iurisdiction, without notice, to take possession of and protect the Trust Property and operate the same
<br />and collect the rents, issues and profits therefrom.
<br />(3) Beneficiary may bring any action in any court of competent jurisdiction to foreclose this Deed of Trust or enforce any of the covenants
<br />hereof.
<br />(4) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under power of sale, and in such event, Beneficiary or
<br />Trustee shall give such notice of default and election to sell as may then be required by law. Thereafter, upon the expiration of such
<br />time and the giving of such notice of sale as may then be required by law, Trustee, at the time and place specified by the notice of
<br />sale, shall sell such Trust Property, or any portion thereof specified by Beneficiary, at public auction to the highest bidder for cash in
<br />lawful money of the United States.
<br />18. Trustor expressly covenants and agrees to pay and discharge all costs, fees and expenses of this Trust, including, in the event of sale
<br />by the Trustee of the Trust Property, the Trustee's costs, expenses and fees. which fees shall not exceed $500.00 plus one -half of one
<br />percent of the amount secured hereby and remaining unpaid.
<br />19. The within Deed of Trust shall constitute a security agreement and financing statement and shall be considered a fixture filing pursuant
<br />to the provisions of the Uniform Commercial Code.
<br />20. Trustor will pay to Trustee and to the Beneficiary respectively, upon demand, the amounts of all sums of money which either shall have
<br />paid or expended in curing any default of Trustor under this Deed of Trust, together with interest upon each of said amounts, until paid,
<br />from the time of expenditure thereof, at the rate of ** % per annum. All of said sums shall be due and payable, together with
<br />interest aforesaid, immediately upon the advancement thereof. Neither Trustee nor Beneficiary shall be under any obligation, however,
<br />to cure any default of Trustor.
<br />21. In case Trustor shall well and truly perform its obligation under this Deed of Trust and pay, or cause to be paid, the Indebtedness and
<br />all other monies agreed to be paid by it under the terms, provisions and conditions of the Trust herein provided, then the Trustee, its
<br />successors or assigns, shall reconvey to Trustor all of the Trust Property conveyed to Trustee by Trustor. Any part of the Trust Property
<br />may be reconveyed at any time to trustor at the request of Beneficiary without affecting the validity and priority of the lien of this Deed of
<br />Trust upon the remainder of the Trust Property.
<br />22. In the event any one or more of the provisions contained in this Deed of Trust or in the Note or any other security instrument given in
<br />connection with this transaction shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
<br />illegality or unenforceabiiity shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust
<br />shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein or therein.
<br />23. Whenever used herein, the singular number shall include the plural, the plural the singular, the use of any gender shall be applicable to
<br />all genders, and the term "Beneficiary " shall include any payee of the indebtedness hereby secured or any transferee thereof, whether
<br />by operation of law or otherwise.
<br />24. Trustor hereby requests that any notice of default or notice of sale be sent to it at the mailing address set forth hereinabove.
<br />**Regional Money Market Rate plus 1 3/4%
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