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UV
<br />--- 104656
<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 unsigned, or if the
<br />.Trustor is a Trustee of a trust and therein 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 some 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 he appointed by the Court without regard
<br />the 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 lessee; obtain and eject tenants, met or modify rents; in its own name out or otherwise
<br />collect the rents, income, issues and profits thereof, including those past due and unpaid; and apply the same, less coats and
<br />-> expenses of operation, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Rent,
<br />' fieiary may determine; and except for each application. Beneficiary shall not be liuble to any person for the collection or nun -
<br />collection of any rents, income, issues or profits for the failure to assertor enforce any of the foregoing rights, tiarahall Bene-
<br />ficiary be charged with any of the duties and obligations of e. mortgagee in possession. The entering upon and taking posses
<br />main of such property, the collection of such rents, income, issues or profits, the doing of usher acts herein authorized, and the
<br />- application thereof as aforesaid, shall not cure 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 auch property. After the lapse of such time as then
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<br />may be required by low following recordation ofouch noticenfilelault, and notice of sale havi ng been given us 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 mat, postpone the sale of" or any portion of
<br />such property by public announcement at the time of sale, and from time to time thereafter, may pia +tpone the sale by public
<br />announcement at the time and place need 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 tit such deed of any matters
<br />of fact or otherwise shall he conclusive proof of the truthfulness thereof. Any portion, including Trustor. Trustee of Benefici
<br />ary, maypurchaseatmindsaleTrustr. mayalsosell atanysuchmaleanit aartpartthereof, anysharesofcorpiratestockoccur- -
<br />_ling the obligation secured hereby. and Trustor wolves demand and notice of much snit. IBeneficiary at We option may also
<br />fornitu a on much shares by independent pledge sale, and Trustor waives demand of notice of such aale.) After deducting all
<br />coat*, fees and expenses of Trustee, and of this trust, including coat of evidence of title in connection with such bale, Trustee
<br />&hall first apply the proceeds of sale to the payment ofall aunts expended underthe 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 otheroums secured hereby,
<br />- and if thereafter there be any proceeds remaining. distribute them to the person or per—os h -golly entitled thereto _
<br />-- - If this Deed of Trust to any note secured hereby provides for any charge for prepaymentof any indebtedneaY *ecuted hereby,
<br />Tractor agrees to pay maid charge, if any of said indebtedness, *hail be paid prior to the maturity date thereof stated in said note
<br />- or this Deed of Trust, even if and notwithstanding Truatnr shall have defaulted in payment thereof, or tit performance of ony -
<br />„agreement hereunder, and Beneficiary by reason therrwef, &hail have declared all autos n cured hereby immediately due and _-
<br />payable. - - -
<br />SCHEDULE. OF LASES: Within ten (10) days after demand, Trustor shall fumiah to Trustee or Beneficiary it schedule,
<br />certified by Truatur, setting forth all Item" of such property, including, in each came, the name ofthe tenants or occupants, a
<br />description of the *pace occupied by much tenant and occupant. the rental payable forsuch space and much other information
<br />and documents with respect to much 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 much property, whethersuch lease is not or hereof -
<br />terter in existence: (a) accept or permit any prepayment, discount or advance payment of rent thereunder; (b) cancel or termi-
<br />nate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would entitle
<br />the lessee thereunder to terminate or cancel the came; (c) amend or modify the some no an to reduce the term thereof, the rental
<br />payable thereunder, or to change any renewal provisions therein contained; (d) waive any defuult thereunder or breech threof;
<br />is) give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lesseethereun-
<br />der, which would have the effect of impairing the value of lesson interest thereunder or the property *object thereto, or of im
<br />pairing the position or interest of the Trustee or Beneficiary, or (q eel), assign, pledge, mortgage or otherwise dispose of, or
<br />encumber its interest in any said Item or any rents, issues or profits masoning or rising thereunder
<br />ilUTIFS OF THE TRUSTEE_ Trainor agrees that; fa) the duties and obligations of Truetet shall be detertnintd "lely by the
<br />capress provisions of this Deed o(9'ruat and lheTrusteeebaIf not be Ito bleexerpi for the performance ofsuch duties and ob )age-
<br />tione ae era opocifically net forth herein, and no implied covenants or obligationa shall be imposed upon the Trustee, (b) nu prtr
<br />of this [lead of Trust shall regture Trustee to expend or risk its own f undo, or otherwise incur any fi nancia l obligation in thriller
<br />fiamertce of any of its duties hereunder, at in the confer" of any of ittt mutt air powers, if it shall have ground* for believing
<br />that the repayment of much funds or adequate indemnity against such risk or liability is not reasonably assured to it, (c)Truml
<br />a* may consult with counsel of its own chowiog and the advice of ouch counsel shall be full and cumplete *utharization and
<br />prete.uon in the respect of any action taken ur suffered by it hereunder in good frith and in rehanee therean.ldi3'ru *art shall
<br />not be liable far any action taken by it in good faith slid reasonably Believed by it to he authorized or within the discretion or
<br />nghts of pow* canferrad upon it by tills lived of Trust
<br />TRUSTEE'S FFV—q Trustor espuassly covenantor and *grass to pay and discharge ail cost, forma and collimate of thus Dead of
<br />Trans, tnc lading in the event of &*I* by the Truatae of such property, the Trustee'* c-itts, eapiensys and fees, which (me shall not
<br />sa,ec i Vdti tmi plus ; of 14t of ilia mmuuot swur&A hereby slid To met nntit uapatd
<br />Muit f fT tt'T1tiN tiF'lfiil ?5 i'!1 That Beneficiary may, from time to tit"*, by inatra boil in sriimg,ruh.atmtm a ion —itsor
<br />tie ag0 q,441,4e i=, env T'tottee mood berets m to hereundrr_ who, h inrte inrair. gar, turd ti?,i ao lo.. {edae,t h. ❑etieft, oar e
<br />and gee -3-1 to 03e ,.(fate ,d it'. regtaiar ..t d -1. .d tht , Front v „r toutrI, re w I —, *o, L to „pea t s is rt6p� t �i ��!+r +,. n. P:e^
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