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86-- 10090'
<br />so as to effect this fiend of Trust, the ertire indebtedness secured hereby shall at the apt! oh of the Beneficiary
<br />become due a" payable. (c) to keep the above- described Property and the improvements thereon in good condition
<br />and repair and not to coaenit or suffer waste the roof, and except as authorized In env schedule annexed hereto and
<br />farming a pert 1`19 -1, nelther to remove nor permit tna removal of env timber, hui Idings, of 1, gas, minerals,
<br />r't
<br />stone, rock, clay, feifizer, gravel or top soil wl+lnm+ the prior written consent of Beneficiary; 1d) ft maintaln and deliver to Beneficiary policies of insurance against such hazards on the buildings and improvements
<br />now or her eef ter 4=4+&,d on or coat itut l rig a part of the Property as the Beneficiary shell require, In such
<br />men -ins anal amounts and with such loss payable clauses as shall be satisfactory to fare Serial IcIarv; that In the
<br />event of toss, Beneficiary is expressly authorized to settle or ca promise claims under said po9lctes and +fie
<br />proceeds thereof shell be peid to the Serial iciary who may Apply the same or any part thereof on -he indebtedness
<br />secured hereby or toward the reconstruction or repair of said buildings and improvements or release same to the
<br />Trustor; (e) to pay any Ilex, claim or charge against tff.e property which might take precedence over the lien
<br />hmr,o #; M to pay an demand all legal expenses, title searches, appraisal or attorneys fees reasonably
<br />incurred or paid by Beneficiary to collect the Note or foreclose or protect the Tien of this Deed of Trust, (q)
<br />the+ in the event Trustor snail fall to comply with the provisions of (a) through (f) above, the Sere +Iciary may
<br />expend such funds and take such action as is necessary to remedy suet; fallure and ail sums pall by the
<br />Beneficiary pursuant hereto with interest at the rate hereinafter provided shall constitute a ilex upon the
<br />Property, shall be secured by this dead of Trust, and shall be 'immediately due and repayable to the Beneficiary;
<br />(h) not to sell the Property or any portion thereof; or, if the Trustor is a corpora +ton, not more than --- f
<br />of its corporate stock stiall be sold, traded, or dispose:+ of to persons other than the present owners of sum
<br />stock prior to the time the Indebtedness secured hereby shall have been reduced (exclusive of prepayments other
<br />than as provided in the said Note) to S -so- ; -ind in the even+ of any sale herein protilbited,
<br />them the entire indebtedness secured by s Lieec ol irust s.ali, at the option of +he Beneficiary, become due
<br />and payable; (1) That tf the Property or any part or parcel +hereof snail be taken or damaged under +fie :power
<br />of eminent domain, +he award for any Property so taken or damaged (includlnq severance damages to the remaining
<br />premises) shall be paid to the Beneficiary and applied in full or in part at +he option of the Beneficiary in
<br />reduction of the indebtedness hereby secured; (j) that the Beneficiary shall have the right to inspect the
<br />Property at such reasonable times as the Beneficiary may desire to determine Trustor's compliance with the
<br />covenants contained in this Deed of Trust; (k) that the Beneficiary may release from the Ilen 'hereof any part
<br />or parcel of the Property without requiring any consideration therefor, and (f) that Trustor is lawfully seized
<br />of said premises and Property in fee side., that the same are free from all liens and encumbrances except as may
<br />otherwise be specifically noted herein or waived in waiting by the Beneficiary; that Trustor will execute or
<br />Procure any further necessary assurances of title and does hereby warrant generally the title to said Property
<br />and will forever defend the same against the claims and demands of all person=_ whomsoever, and that Trustor's
<br />separate estate, whether vested, contingent or in expectancy, 1s hereby conveyed and Trustor does hereby
<br />expressly waive, release all rights and benefits of any homestead, dower, curtesy, apprai'seeent, exemptlon and
<br />stay laws of this state. It 1s agreed that the interest provided for in subsec'Ion (g) above shall be at the
<br />same rate as specified in the Note secured hereby on the principal thereof after default and maturity.
<br />SECOND. In the event Trustor., without the prior written consent of Beneficiary shall sell, transfer or
<br />convey or contract to sell, transfer or convey the Property, or any part thereof or any interest therein, the
<br />entire balance of the indebtedness hereby secured shall become and be immediately due and payable at the option
<br />of Beneficiary; provided, however, Beneficiary may waive such option to accelerate If, prior to such safe,
<br />transfer or conveyance or contract therefor, Beneficiary and the person to whom the property is to be sold or
<br />transferred reach an agreement In writing that the credit of such person Is satisfactory to Beneficiary and that
<br />the interest payable on the sums secured by this Deed of Trust shed be at such rate as Beneficiary shell request,
<br />THIRD.: That as further sec:rity for the payment of the Note and the Indebtedress thereby evidenced and the
<br />perfaonce of all of the terms, covenants and cond It I ons hereof, Trustor agrees that Beneficiary shall and does
<br />hereby have the right, power and authority during the continuance of this Deed of Trust to collect the rents,
<br />Issues and profits of the Property and of any personal property Ior_ated thereon with or without takina possession
<br />cf the property effected thereby; and Trustor hereby absoluteiv and unconditionally asslons all such rents,
<br />issues and profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection anf retention
<br />of such rents, Issues and profits as they accrue and become payable so lord as Trustor is no+ at such time in
<br />default with respect to payment of any Indebtedness secured hereby or In the performance of any aqreemen+
<br />hereunder. Upon any such default, Beneficiary may at any time, elther In person, by agent, or by receiver to be
<br />appointed by a court, without notice and without regard to the adequacy of ary securl +y for the indebtedness
<br />hereby secured (a) enter upon and take possession of the Proper+v or any part thereof and in its own name sue
<br />for or otherwise collect such rents, issues and prollts, 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 any Indebtedness
<br />secured hereby and in such order as Beneficiary may determine; (b) lease the same or any part thereol for such
<br />rental, term and upon such conditions as Beneficiary's iudgment may dictate or terminate or adjust the terms and
<br />conditions of any existing lease or leases. Unless frus+or and Beneficiary agree otherwlse In writing, any
<br />application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due
<br />date of the Installment payments as provided in the Note or change the amount of such installments. The en+erino
<br />upon and raking possession of the Property, the collection of such rents, issues and r-- and -he opp',lcntlor,
<br />thereof as aforesaid, shelf not waive or cure any default or notice of default hereunder, or invalidate any act
<br />done pursuant to such notice. Trustor assigns to Beneficiary, as further security for the performance of the
<br />Indebtedness and obllgatlons secured hereby, all prepaid rents end all moneys which may have been or may
<br />hereafter be deposited with Trustor by any lessee of the Property, to secure the payment of any rent or damages,
<br />and upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and
<br />deposits to Beneficiary, Delivery of written notice of Beneficiary's exercise of the nights granted by this
<br />paragraph THIRD to any tenant occupying the Property or any portion thereof shall be sufficient to require said
<br />tenant to pay said rent to Beneficiary until further notice.
<br />FOURTH: If there she 6I be filed by or against the Trustor any petition or proceeding seek 1no an arrangement
<br />or EUFUFTso tton or extension or any other relief under or pursuant to the - ederel Eankrup+cy Code or any ct xrr
<br />similar statute as now or hereafter in effect, or if the Trustor shall be adjudicated bankrupt or insolvent or
<br />any of Trustor's property shall have been sequestered and such decree shell have continued undischaroed and
<br />unstayed for yQ days after the entry thereof, than +ire whole of the Note and indebtedness herebv secured snail,
<br />without notice, at the option cl the Beneficiary, become due and payable.
<br />FIFTH: Uvor default by Trustor in the payment cf or per'tLn. ance of the terms at concitions cf the Nnte,
<br />any revewals, modifications or executions `hereof, the peynw!nt of ary other indebtedness securPC here ^y ') in tt,
<br />performance of any agreement, covenant or warranty herein contained or set for +h in any agreement Ct ir5'trument
<br />executed by Trustor in connection with the Indebtedness hereby secured, Beneficiary may declare all sums secured
<br />hereby immediately due end payable and the same shelf thereupon become due and payable without presen+mert,
<br />demand, protest or notice of any kind. Thereafter. Beneficiary may deliver to Trustee a written deciara +lox of
<br />default and aamend for sale. Trustee shall have +he power of sale o+ the Proper +y and if Cx!neflclary decides the
<br />iroperty Is t0 be Wald I+ Shall deposit with Trustee +his, reed of ruct and +he Note or nclst s and n. Y ^they
<br />documents eyidenCfrig expenditures .-urea hereto, and she ;I Cfi 1 ver ruclee a writ +en nnti +
<br />election to cause the Property +D be sold, and Trustee, in turn, sh9 ;'.repare I, sirr.ilnr +nrrr
<br />required by iaw. which shall ba :tiny (ilea for record by Trustee.
<br />'•a) After the lapse Gf su:.n time as may [,e required by a. '� Ew ,c •,,,, •-
<br />;leiaflt era rx9t ir_.P cO DAfauit anin Nri'rce ';f caw It having newer ci.er, ns •PqU '£..r"Y awl .�� we,. r '•hn;;+
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