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36-- 163987
<br />(e) A writ of execution or attachment or any similar process shall he issued or levied against all or any part of or interest in
<br />such property. or any judgment involving monetary damages shall be entered against Trustor which shall become `a lien on
<br />uoh property or portion thereof or interest therein and such execution, attachment or similar process or judgment is not re-
<br />leased, lemdtd, satisfied, vacated or stayed within sixty (60) days after its entry or levy; or
<br />(0 Bankruptcy, insolvency, reorganization, arrangement, or liquidation proceedings or other proceedingit for relief under
<br />any bankruptcy law or other law for the relief of debtors shall be instituted by or against Trustor or any Guarantor hereofand,
<br />if instituted' against such party shall be consented to or shall not be dismissed within sixty (60) days after such institution-.'or
<br />(g) Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact, convey, transfer, contract
<br />to sell, lease with option to purchase, sublease, dispose of, chance the character or use of, orftuther eneamber each property, or
<br />any part thereof. or any interest therein, or if any said parties shall be divested of title to such troll property of any paztthereof,
<br />or interest therein either voluntarily or involuntarily, or iftitleto such property be subjected to any lien orcherge voluntar-
<br />ilyor involuntarily, contractual or statutory, without the written consent of Beneficiary being Ant had obtained, or
<br />(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, orif 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: In the event of any default hereunder, Beneficiary
<br />may, at its option,:
<br />(a) Terminate additional advances, if any, to be made under or pursuant to the Promissory Note or any building loan agree-
<br />ment; or
<br />(b) Declare any sum 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 />(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 possession ofsuch 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 and unpaid; and apply the same, less costs and
<br />expenses of operation, including reasonable attorneys fees, upon any indebtedness secured hereby and in such order as
<br />Heneficiary may determine: and except for such application, Beneficiary shall not be liable to any person for the collection or
<br />ntmc ollection of any rents, income, issues or profits for the failure to assert or enforce any of the foregoing rights, nor shall
<br />livnef +ciary be charged with any of the duties and obligations of a mortgagee in possession. The entering upon and taking
<br />possession ofsuch property, thecollection ofsuch rents, income, issuesor profits, the doing of otheracts 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 />done pursuant t6 such notice; or
<br />(d) Cause to be filed of record, a written notice ofdefault and election to sell such property. Afterthe lapse ofsuch time as then
<br />may he required by law following recordation ofsuch notice of default, 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 orderas itor
<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 preceeding 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 proofof the truthfulness thereof. Any person, including Trustor. Trustee or Beneficiary,
<br />may purchase at said sale. Trustee m::y also sell at any such sale and as a part thereof, any shares ofcorporate stock securing
<br />the obligation secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at it's option may also
<br />li,rec•lose on such shares by independent pledge sale, 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 sumsexpended under the terms hereof, notthen repaid, with accrued
<br />interest at the rate then payable under the note or notes secured hereby, and then to payment ofall other sums secured hereby,
<br />and if thereafter there be any proceeds remaining, distribute them to the person or persons legally entitled thereto.
<br />i f this Deed of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness secured hereby.
<br />Trustor agrees to pay said charge, ifany of said indebtedness shall be paid prior to the maturity date thereofstated in said note
<br />or this Deed of Trust, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in performance ofany
<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 Trustor, setting forth all leases ofsuch 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 apace and such other information
<br />and documents with respect to such leases 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 />Trustor shall not, directly or indirectly, with respect to any lease of space in such property, whether such lease is not or
<br />hereafterter 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 surrender thereof, or permit any event to occur which would
<br />entitle the lessee thereunder to terminate or cancel the same; (c) amend or modify the same so as le reduce the term thereof, the
<br />rental 1• yabi• _': _reun.- r, or to el ange t.ny renev -iI p• i ins therein contained; (d) waive any default thereunder or breech
<br />threof; (e) give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee W
<br />thereunder, which would have the effect of impairing thevalue of lessors interest thereunder or the property subject thereto, or
<br />of impairing the position or interest of the Trustee or Beneficiary; or(f)sell, assign, pledge, mortgage or otherwise dispose of or '
<br />encumber its interest in any said lease or any rents, issues or profits issueing or rising thereunder.
<br />DUTIES
<br />express provisions of this Deed of "Trust and the Trustee shall nut he liable except for the performance of su ti
<br />ch dues and
<br />uldigauuns as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon the Trustee; ( be
<br />no proof this Deed of'Trust shall require Trustee to expend or risk its own funds, orotherwise incur any financial obligation tot
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