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86- 145121
<br />to A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest in
<br />-uch pr.perti'. •,r ;�n�, jndRment involving monci.an• damages shall he entered against Trustor which shall become a lien nn
<br />-urh pnrrwrty or portion thereof or interest therein and such execution, attachment or similar process or judgment is not re- -
<br />lt•ascd, bonded. satisfied, vacated or stayed within sixty (60) days after its entry or levy; or
<br />I) ltankruptcy, insolvency. reorganization, arrangement. or liquidation proceedings or other proceedings for relief under
<br />-any bankruptcy law or other law for the relief of debtors shall be instituted by or againstTrustor or any Guarantor hereofand,
<br />if instituted against such party shall be consented to or shall not bedismissed within sixty 460) days aftersut h institution; or
<br />(it) Trustor is any successor in interest of TTrustcor. voluntarily or involuntarily should sell a :act, convey, transfer. LrontYatt
<br />to sell !roes with option to purchuse, sublease, dispose at change the character or vae of, or further encumber each property,or,
<br />any patthereof, of any interest therein, or if any said parties sball be divarted of title tosoch real propertyof any pertthe mE
<br />or any interest therein aii voluntarily or involuntarily. or iftitkto such property be subjected to any lien or charge voiumtar-
<br />r�y or involuntarily, contractual or statutory, without the written consent of Beneficiary being font 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. 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 />ai Trustor shall, without the consent of Beneficiary, create or consent to the establishment of a district which has taxing
<br />pnwers.
<br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: In the event of any default hereunder. Beneficiary
<br />may, at its option.:
<br />(al Terminate additional advances, if any, to he made under or pursuant to the Promissory ix'ote or any building loan agree-
<br />went., or
<br />(lit 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 anytime. 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 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 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
<br />Beneficiary may determine; and except for such application. Beneficiary shall not be liable to any person for the collection or
<br />nonvollection of any rents, income, issues or profits for the failure to assert or enforce any of the foregoing rights. nor shall
<br />ttrnefiatiary he charged with any of the duties and obligations of a mortgagee in possession. The entering upon and taking
<br />possession of such property, the collection of such rents, income, issues or profits. the doing ofother 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 art
<br />- done pursuant to such notice; or
<br />iF
<br />id)Cause to be filed ofrecorda written notice. ofdefault and election to sell such property. After the lapwofsuch time as then
<br />miry be required by law following recordation ofsuch noticeofdefauit, and notice ofsale having been given as required by law,
<br />Trustet•, without demand on Trustor shall sell such property, either as a whole art in separate parcels, and in such order alit or
<br />itrneficiary may determine at public auction tat 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 />crnveving the property so sold, without any covenant or warranty, express or implied. The recitial in such de•_d of any matters..
<br />of fact or otherwise shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary.
<br />may purchase at said sale. Trustee may 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 />tort-close 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 sutras expended under the terms hereof, nc:t 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 />it this Deed of Trust or any note secured hereby provides for any charge for prepayment of anv indebtedness secured hereby- "
<br />Trustor agrnes to pay said charge, if any of said indebtedness shall be paid prior to the maturity date thereofstated in said tote
<br />or this Deed of Trust. even if and notwithstanding Trustor shall have defaulted in payment thereof• or in performance of any 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 />rertified by Trustor, setting forth all leases of such prupe•ty, including, in each case, the name of the tenants or ocz upant€, 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 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 />TraNw 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, (M 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 tae terminate or cancel the same; is i amend or modify the same so as w reduce the term thrreuI. the
<br />rental 1 vabi reun r, or 1,) cl anger ny rene. it p, + ins therein contained: (d) waive any default thereu rider or breech
<br />threof• iei give anv conseot, waiver fir approval thereunder or take any other action in connection therewith, or with a lesser
<br />th +vrunder. which would hays the pf(N-t of rmi',ainntt the, alur of lessors interest thereunderor thepnipprtq subject thereto, or
<br />if impairing thepo sittoo orinterestuf the TrusteenrBeneficiary .ortflaell,aitsiun.i) War. mortgageorotherwtsedtstxsefif ,r
<br />eni uiolsrr its tnter,ret in anv said lcai ce or any rents, issues or profits insuring it rising therrunder
<br />itt`'flF:,S(sV1'IJVTNUSTK Trustor.igree. that, fo ithrtiutt ,•, ;crtrl.,tilasrttonssttlrust. -hail fiedetirmtnetl— Iplt1,%the
<br />_,- _- -- —lo.— pr— oso *nn c,f ihu liow i of 1•roo ntid the Tr'urtee r,hao oe,t i,e icawo p%—pt f r the dune* acrd - - -- - - -
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<br />o,•ptc,«ltlti *fkr.1 =f "[nc «r »has€ errs ;ungTrusteet sae% lwn, i„ rreskrtsr, xnfuot- #s,,r- sibs= tw; sernearao ,,ftnsntiairt *haz'rcr,n,n "�
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