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87_ 1042.32
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<br />(h) if Tractor is a partnership and the interest of* general partner terminates, is assigned or transferred, or is diminished in
<br />any respect, or if Tractor is a corporation and a majority of the voting corporate stock is transferred, sold or assigned, or if the
<br />Tractor is a Trustee of a trust and then is a change of any of the Beneficial interest of the trust; or
<br />(i) Tractor shall, without the convent of Beneficiary, create or consent to the establishment of a district which has taxing
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<br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: in the event of any default hereunder, Beneficiary
<br />may, at its option,:
<br />(a) Taminato additional advances, if any, to be made nailer or pursuant to the Promissory Note or any building loan agree.
<br />must; or
<br />(b) Deders any sum secured hereby immediately due and payable and the came shall there upon become due and payable
<br />without any pi Iment, demand, protest or notice of any kind; or
<br />(c) At any time, with or without notice, either in person, by agent, or by receiver to be appointed by the Court without regard
<br />the adequacy of any security for the indebtedness secured hereby, enter upon and take poaeeaion of such property or any part
<br />thereof, make, cancel, enforce or modify team; obtain and eject tenants, actor modify rents; in its own name sue or otherwise
<br />coiled the rants, income, issues and profits thereof, including those past due and unpaid; and apply the same, less costs and
<br />expenses of operation, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Bene-
<br />ficiary may determine; and except for such application. Beneficiary shall not be liable to any person for the collection or non-
<br />collection of any ruts, income, issues or profits for the failure to asset or enforce any of the foregoing rights, nor shall Bene-
<br />Mary be charged with any of the duties and obligations of a mortgages in possession. The entering upon and taking posses•
<br />sal of such property, the collection of such rents, income, Issues or profits, the doing of other acts herein authorized, and the
<br />appkatron thereof me aforesaid, shall not core or waive any default or notice of default hereunder or invalidate any act done
<br />pursuant to such notice; or
<br />(d) Cause to be filed of record, a written notice of default and election to sell such property. After the lopseof such time u then
<br />may be required by law following recordation of such notice ofdefault, and notice of sale having been given as required by law,
<br />Trustee, without demand on Trustor shall sell such property, either as a whole or in separate parcels, and in such order as it or
<br />Beneficiary may determine at public auction to the highest bidder. The Trustee may postpone the sale of all or any portion of
<br />such property by public announcement at the time of sale, and from time to time thereafter, may postpone the sale by public
<br />announcement at the time and place fixed by the proceeding postponement. Trustee shall deliver to such purchaser its deed
<br />conveying the property so sold, without any covenant or warranty, express or implied. The recitial in such deed of any matters
<br />of fact or otherwise shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Benefici-
<br />ary, may purchase at said sale Trustee may also sell at any such sale and as a part thereof, any shares of corporate stock secur-
<br />ing the obligation secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at it's option may also
<br />foreclose on such shares by independent pledge wk, and Trustor waives demand of notice of such sale.) After deducting all
<br />costs, fees and expenses of Trustee, and of this trust, including cost of evidence of title in connection with such sale. Trustee
<br />shall first apply the proceeds of sale to the payment of all sumo expended under the terms hereof, not then repaid, with accrued
<br />interest at the rate then payable under the note or notes secured hereby, and then to paymentof all other sums secured hereby,
<br />and if thereafter there be any proceeds remaining, distribute them to the person or persons legally entitled thereto.
<br />if this Deed of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness secured hereby.
<br />Tractor agrees to pay said charge, ifanyofaaid indebtedness shall be paid priorto the maturity date thereof stated in said note
<br />or this Deed of Trust, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in performance of any
<br />agreement hereunder, and Beneficiary by reason thereof, shall have declared all sums secured hereby immediately due and
<br />payable.
<br />SCHEDULE OF LEASES: Within ten (10) days after demand. Trustor shall furnish to Trustee or Beneficiary a schedule,
<br />certified by Tractor, setting forth all leaves of such property, including, in each ass, the name of the tenants or occupants, a
<br />description of the space occupied by such tenant and occupant, the rental payable for such space and such other information
<br />and documents with respect to much leaves and tenancies as the Trustee or Beneficiary may request.
<br />COVENANTS OF TRUSTOR WITH RESPECT TO LEASES: Without the prior written consent of Trustee or Beneficiary,
<br />Truster shall not directly or indirectly, with raped to any )ease of space in such property, whether such lease is not or hereaf
<br />termm in existence: (a) accept or permit any prepayment, discount or advance payment of rent thereunder; (b) cancel or termi-
<br />nate the came, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would entitle
<br />the lose" thereunder to terminate or cancel the same; (c) amend or modify the same so as to reduce the term thereof, the rental
<br />payable thereunder, or to change any renewal provisions therein contained; (d) waive any default themunderor breech threof;
<br />(e) give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereun-
<br />der, which would have the affect of impairing the value of lesson interest thereunder or the property subject thereto, or of im-
<br />pairing the position or interest of the Trustee or Beneficiary; or (A sell, assign, pledge, mortgage or otherwise dispose of, or
<br />encumber its interest in any said lease or any tongs, issues or profits issueing or riving thereunder.
<br />DUTIES OF THE TRUSTEE: Trustor agrees that; (a) the duties and obligations of Trustee shall be determined solely by the
<br />express provisions *(this Deed ofTrust and theTracteeshall not beliableexcept forth@ performance ofsuch duties and obliga-
<br />dons me are specifically ad forth herein, and no implied covenants orobligations shall be imposed upon the Trustee; (b) no pro.
<br />of this Deed ofT met shall require Trustee to expend or risk itsown funds, or otherwise incur any financial obligation in the per-
<br />formance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have grounds for believing
<br />that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it; (c) Trust-
<br />ee may consult with csunsei of its own choosing cad the advise of such counsel shall be full and complete authorization and
<br />protection in the respect at may action taken or suffered by it hereunder in good faith and in reliance thereon; (d) Trustee shall
<br />not be liable for any action taker by it in good faith and reasonably believed by it to be authorized or within the discretion or
<br />rights of powers conferred upon it by this Deed of Trust.
<br />TRUSTEE'S FEES: Trustor expressly covenants and agrees to pay and discharge all cost, fees and expenses of this heed of
<br />by
<br />Track fneladiag in the event of eele theTractssofvuch property, lheTnutee's costs, expenses and few, which fees shall not
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<br />exceed $15M A0 plus 'A of 1% of the amount secured hereby and remaining unpaid.
<br />SUBSTITUTIO N OF TRUSTEE: That Beneficiary m • Y. from time to time. by instrument in writing, lio , substitute asuccessor
<br />or saccasson to any Trust" named M»in or acting hereunder, which instrument, executed and acknowledged by Beneficiary
<br />and recorded in the office of the register of deeda *(the county or counties where such property is situated, shall be conclusive
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