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ae) A writ of execution or attachment or any similar process shall he issued or levied against "11 or any part of or interest in <br />-ugh property, or any judgment involving monetary damages shall be entered against Truster which shall become it lien on <br />-uch property or prartion thereof or interest' herein and such execution, attachment or similar process or judgment is not re- <br />la-nded, satisfied. vacated or stayed within sixty f601 days after its entry or levy: or <br />ff) Itamkruptcy, insolvency, reorganization, arrangement, or liquidation proceedings or other proceedings for relief under <br />anv liankruptcy law or other law for the relief of debtors shall he instituted by or agai nst Trustor or any Guarantor hereof and, <br />if instituted againstsuch party shall be consented to or shall not be dismissed within sixty (60) days after such institution; or <br />ttd Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact, convey, transfer, contract <br />to sstl, lease with option to purchase, sublease, dispose of, change the character or useof, or further encumber such property, or <br />any part thersof, or any interest therein, or if any said parties shall be divested of title to such real property of any part thereof, <br />or any interest therein either voluntarily or involuntarily, or if titleto such property be subjected to any lien or charge voluntar- <br />ily or involuntarily, contractual or statutory, without the written consent of Beneficiary being first had obtained, or <br />I h) If Trustor is a partnership and the interest of a general partner terminates, is assigned or transferred, or is diminished in <br />any respect, or if Trustor is a corporation and a majority of the voting corporate stock is transferred, sold or assigned, or if the <br />Trustor is a Trustee of a trust and there is a change of any of the Beneficial interest of the trust; or <br />(i) Trustor shall, without the consent of Beneficiary, create or consent to the establishment of a district which has taxing <br />powers. <br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: Lt the event of any default hereunder, Beneficiary <br />may, at its option,: <br />(a) Terminate additional advances, if tiny, to be made under or pursuant to the Promissory Note or anv building loan agree• <br />mtmt, or <br />(bi I jeclare any sure secured hereby immediately due and payable and the same shall there upon become due and payable <br />without any presentment. demand, protest, or notice of any kind; or <br />ici At any time, with or without notice, either in person, by agent, or by receiver to he appointed by the Court without regard <br />thv adequacy of any security for the indebtedness secured hereby, enter upon and take possession of such property or any part <br />thereof, make, cancel, enforce or modify leases; obtain and eject tenants, set or modify rents: in its own name sue orotherwise <br />collect the rents, income. issues and profits thereof, including those past due r^ - 'repaid; and apply the same, less costs and <br />expenses of operation, including reasonable attorney's fees, upon any inde, ne:.g secured hereby and in such order as <br />lieneficiary may determine; and except for such application, Beneficiary shall n•)t be liable to any person for the collection or <br />nonc'ollcction of any rents, income, issues or profits for the failure to assert or t tforce any of the foregoing rights, nor shall <br />Beneficiary be charged with any of the duties and obligations of it mortgagee i ^session The entering upon and taking <br />possession of such property, the collection of such rents, income, issues or profits, th-_ ...ng of other acts herein authorized, and <br />the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act <br />dune pursuant to such notice; or <br />(l) Cause to be filed of record, a written notice of default and election to sell such property After the lapse of such time as then <br />may by required bylaw following recordation ofsuch notice of default, and notice of sale having been given as required bylaw, <br />Trustee, without demand on Truster shall sell such property, either as a whole ar in separate parcels, and in such order as itor <br />Itc•nefic•iary may determine at public auction to the highest bidder. The Trustee may postpone the sale of all or any portion of <br />-tea -h 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 preceeding postponement. Trustee shall deliver to such purchaser its deed <br />ronvzying the property so sold, without any covenant or warranty. express or implied. The recitial in such deed of any matters <br />of factor otherwise %hall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, <br />m::y purchase at said sale. Trustee may also sell at any such sale and as a part thereof, any shares ofcorporate stock securing <br />the obhgution secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at it's option may also <br />ioreckore on such shares by independent pledge sale, and Trustor waives demand of notice of such sale.) After deducting all <br />< wits. feces and expenses of Trustee, and of this trust, including cost of evidence of title in connection with such sale. Trustee <br />%halt first apply the proceeds of sale to the payment of all sums 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 payment of 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 Truer or any note secured hereby provtdes for any rharge fur prepayment iof an indebtedness secured hereby N. <br />Trustor agrees to pay said charge. if any ofsaid indebtedness shall be paid prior to the mat unty date thereof stated in said note <br />„r this Iiced of Trust, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in performance of an <br />agreement hereunder. and Beneficiary by reason thereof, shall have declared all sums secured hereby immediately due and <br />pay able. <br />SCHEDULE OF LEASES- Within ten ( It)) days after demand, Trustor shall furnish to'rruet, or Beneficiary a schedule, <br />certified by Trustor, setting forth all leases of such property, including, in each case, 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 document@ with respect to such leases and tenancies as the Trustee or Beneficiary may request. <br />('OVFNANTS OF TRUSTOR WITH RESPECT TO LEASES Without the prior written consent of Trustee or Beneficiary, <br />Trustor shall not, directly or indirectly, with respect to any lease of space in such property, whether such lease is not or <br />hereaRerter in existence. (a) Accept or permit any prepayment, discount or advance payment of rent thereunder; (b) cancel or <br />terminate the same, or accept any cancellation, termination or *urrender thereof, or permit any event to occur which would <br />kntitle the lessee thereunder to ternunate or cancel the same i- amend or modify the same su as to reduce the term thereof, the <br />(_ rental f vali; reun r, or t i cl ange , r „y ren +v tl p• ns therein contained, id) waive anv default thereunder or breech <br />threof 'ei give anv tuner, nt waiver or approval thereunder or take any ether action in eonnectlon therewith, or with a lessee <br />thereundeu which would hove the effei.t oftrnpainng the valueof tarsi +rs interest Ihrreundrr.,r the property subject thereto, or <br />• fmnpaartngtr lepatsituan'w interest „f the l'nnsteeoritenefiriarv,,r,fi %ell resign, plailgr. rnortgagrteruthrrwisedtelxiraeof ,nr <br />=o, roan fart cU interest ifl an•r +airf lea %e• ,.r ony rents, reaues •'r profits insuring or rising thereunder <br />I it' II KS 14, I'll P:'i`Rl I , I rvrt „e %sure« that r,JI the•: lute, ,nd ,.t,l igan, Jn! ,t I %air: „huit h.,drtrrnun•,I ,.ieI, t'N !t,,. <br />r t,r +a p,ro� i um :d thin tier.. .r 'I ni %t artal the Iructee Ahall n „i I Laihie rx, cp, r ,r t.,, . rt..m.oro e , tai, t, ,IuUen ami <br />.),itHOti o + av ore *jw. itt. ,lty ­1 oi iwietit . itnd mi nnphro , sen,iotti ,a t•- <br />1rr,.m -..f this ;.red ,4 i'r iat ah:a7! r, i,,, 1'1 t ice to esl„•nd.rr r,nk �t, "n lunii %, �.n�, .�, ,,. ter ,rr•� tutor.,, , .� ,, ,�, ,i „n __.._� <br />