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<br />S6- 105442
<br />covenants and conditions hereof, Trustor agrees that Beneficiary shall and
<br />does hereby have the right, power and authority during the continuance of
<br />this Deed of Trust to collect the rents, issues and profits of the Property
<br />and of any personal property located thereon with or without taking pos-
<br />session of the property affected thereby; and Trustor hereby absolutely and
<br />unconditionally assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, however, hereby consents to Trustor's collection and retention
<br />of such rents, issues and profits as they accrue and become payable so long
<br />as Trustor is not at such time in default with respect to payment of any
<br />indebtedness secured hereby or in the performance of any agreement here-
<br />under. Upon any such default, Beneficiary may at any time, either in
<br />person, by agent, or by receiver to be appointed by a court, without notice
<br />and without regard to the adequacy of any security for the indebtedness
<br />hereby secured (a) enter upon and take possession of the Property or any
<br />part thereof and in its own name sue for or otherwise collect such rents,
<br />issues and profits, including those past due and unpaid, and apply the
<br />same, less costs and expenses of operation and collection, including
<br />reasonable attorney's fees, upon any indebtedness secured hereby and in
<br />such order as Beneficiary may determine; (b) lease the same or any part
<br />thereof for such rental, term and upon such conditions as Beneficiary's
<br />judgment may dictate or terminate or adjust the terms and conditions of any
<br />existing lease or leases. Unless Trustor and Beneficiary agree otherwise
<br />in writing, any application of rents, issues or profits to any indebtedness
<br />secured hereby shall not extend or postpone the due date of the installment
<br />payments as provided in the Note or change the amount of such installments.
<br />The entering upon and taking possession of the Property, the collection of
<br />such rents, issues and profits, and the application thereof as aforesaid,
<br />shall not waive or cure any default_ or notice of default hereunder, or
<br />invalidate any act done pursuant to such notice. Trustor assigns to
<br />Beneficiary, as further security for the performance of the indebtedness
<br />and obligations secured hereby, all prepaid rents and all moneys which may
<br />have been or may hereafter be deposited with Trustor by any lessee of the
<br />Property, to secure the payment of any rent or damages, and upon default in
<br />the performance of any of the provisions hereof, Trustor agrees to deliver
<br />such rents and deposits to Beneficiary. Delivery of written notice of
<br />Beneficiary's exercise of the rights granted by this paragraph THIRD to any
<br />tenant occupying the Property or any portion thereof shall be sufficient to
<br />require said tenant to pay said rent to Beneficiary until further notice.
<br />FOURTH: If there shall be filed by or against the Trustor any peti-
<br />tion or proceeding seeking an arrangement or composition or extension or
<br />any other relief under or pursuant to the FederaL Bankruptcy Code or any
<br />other similar statute as now or hereafter in effect, or if the Trustor
<br />shall be adjudicated bankrupt or insolvent or any of Trustor's property
<br />shall have been sequestered and such decree shall have continued undis-
<br />charged and unstayed for 90 days after the entry thereof, then the whole of
<br />the Note and indebtedness hereby secured shall, without notice, at the
<br />option of the Beneficiary, become due and payable.
<br />FIFTH: Upon default by Trustor in the payment of or performance of
<br />the terms and conditions of the Note, or any renewals, modifications or
<br />executions thereof, the payment of any other indebtedness secured hereby or
<br />in the performance of any agreement, covenant or warranty herein contained
<br />or set forth in any agreement or instrument executed by Trustor in con-
<br />nection with the indebtedness hereby secured, Beneficiary may declare all
<br />sums secured hereby immediately due and payable and the same shall there-
<br />upon become due and payable without presentment, demand, protest or notice
<br />of any kind. Thereafter, Beneficiary may deliver to Trustee a written
<br />declaration of default and demand for sale. Trustee shall. have the power
<br />of sale of the Property and if Beneficiary decides the Property is to be
<br />sold, it shall deposit with Trustee this Deed of Trust and the Note or
<br />notes and any other documents evidencing expenditures secured hereby, anti
<br />shall deliver to Trustee a written notice of default and election to cause
<br />the Property to be sold, and Trustee, in turn, shall prepare a similar
<br />notice in the form required by law, which shall be duly filed for record by
<br />Trustee.
<br />(a) After the jailSe Of such time as may be required i)ti' low toilowir:,,;
<br />the rc:x:ordat. ion of Notice of Default., and notir'e of Dtt�ault and Notice,
<br />of 0,aly i,a i.ncl boon (liven is required by law, Tiur.teo, wit!iout.
<br />on Tru:gtor, shall ',e! l the 1,ropei t:y her,: >inbc `cre dosi; :bed, an,1 an:
<br />eanO e=very part the•:eof, in F;oparate park -elF, UY u. t}„ u:;t,•,
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