~t J
<br />9. I ions.. Beneficiar ; or its agents, representatives or ac►rI jo
<br />are auth to enter at any, reasonable time upon or in any part of the
<br />propert for t of irt same t and for the
<br />purpose of
<br />rfo any of the acts. it is authorized _to perform tender the terms
<br />of any loan instruments executed, by Tkustor..
<br />10. Transfer of EMperty. If all or any part of the property cr any
<br />interim pastor therein is. sold, transferred or. further enewhered
<br />without the express or written consent of Beneficiary, Beneficiary aay,.
<br />at its sole option, declare all S=- securw by this Deed of Trust to be
<br />immediately due and ptyable and proceed to the remedies available to it
<br />under the default prc-.isions contained herein.
<br />11. Events or N~~faault. Any of the following events shall be deemed an
<br />event of dei'au t hereunder:
<br />(a) Trustor shall have failed to make. payrent of any installment
<br />of interest, principal or principal and interest or any other sty
<br />urod thereby when dace;
<br />(b) -i for shall maintain a a3s Fran gyrations, Defined As
<br />Profit After Tar Plats Depreciation/Current Maturities", of 1.50 or
<br />greater. Taustor to provide prnof of the above no less tt><-an quarterly
<br />as determined by Tito, 's year-end.
<br />(c) There has occurred a breach of or default under any terra,
<br />Covenant. agrecment, condition, provision, representation or warm.-ity
<br />c0ntaincN! in this Yid of ':fit, the note or any other loan instrument
<br />twx:um,d hereby;
<br />(d) There has beern a default by the T"rustor in the ;-n,.-a- -nt of any
<br />prior or subsequent lion or eneacbrance in res t to all or any part
<br />of t 1w pirgvrt y";
<br />(0) Tru-s-tor sl%all file a voluntary petition in bankruptcy or slaall
<br />be adJudicated bank-rupt or i lvent, or shall m alee. aan assig=ent for
<br />the benefit of creditors in respect to the property; or an action to
<br />enforce any lien or encua3alrance or ju is against the party. is
<br />ccmv--.ced
<br />12. Acceleration Upon Default. In the event. of any default, Beneficiary may-
<br />declare all indebtedness seew-ed hereby to be due =1 payable, and he Sam
<br />shaall thereupon beccme due and payable without, any presentment, damnd, Drotest
<br />or notice of an Wnd. 11w fter, Beneficiary mays:
<br />(a) either in person or by agent, with or without bring any
<br />,action or prm ding, or by receiver appointed by a court art witty' ut
<br />re-&ard to the adequacy of any security, enter upon and take possession
<br />of the paO-Ver•t.Y. or any girt thereof, in its can on=e or in the n=w of
<br />the Trustee, and do any acts which it decms necessary and desirable to
<br />preserve the value, an..nrk"i ll ty or rentability of the property. or
<br />part thereof or interest therein, increase the incme therefrm or
<br />protect the security hereof and, without taking ?mission of the
<br />Pry rty. sum for or otherwise collect the rents, issues and profits
<br />t61ereof, including those past day and unpaid, and apply the fie, less
<br />4e s w~ eases of operation and collection, including attorrx- fem,
<br />uPQn any indebtedness bereb~-, a.11 in such order as Beneficiary
<br />mk dye-m=e. The entering upon and taking morn of tb-- tart
<br />estate, the collection of such rents, issws and profits and application
<br />thereof as aforesaid shall not c=e or ode any default or notice Of
<br />default herder or invalidate any arch and in response to -uch &-fa It
<br />or pursuant to such native of default and, notwithstanding the opt j=anL-e
<br />in possession of the. prqx!rty or the collection, rer-eipt and application
<br />Of rents,, iSSUCS or profit.-,, Trustee or nefficiary =y be cztDtled to
<br />exercise ea right prvrided for in any of the loan instniments or by
<br />flaw u;vm occurr-n v of %)iy e%vnt of 6--faalt, including taw. right to
<br />eNt%rci ttx~ zr of sale.
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