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86- 105668
<br />( d ) Trustor. shalt have procured, permitted or suffered, voluntarily or involuntarily, any creditor to obtain a lien not
<br />permitted upon all or part of such property; Trustor or any guarantor of the indebtedness secured hereby shall
<br />become insolvent of admit in writing its inability to pay its debts as they mature, or make an assignment for the benefit of
<br />creditors or apply for or consent to the appointmentof a receiver or trustee for it or for a substantial part of such properly, or
<br />such a receiver or trustee shall be appointed and shall not be discharged within thirty (30) days after appointment; or
<br />( e ) A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest
<br />in such property, or any judgment involving monetary damages shall be entered against Trustor which shall become lien
<br />on such property or portion thereof or interest therein and such execution, attachment or similar process or judgment is not
<br />released, bonded, satisfied, vacated or stayed within sixty ( 60 ) days after its entry or levy; or
<br />( f) Bankruptcy, insolvency, reorganization, arrangentent, or liquidation proceedings or other proceedings for relief
<br />under any bankruptcy law or other law for the relief of debtors shall be instituted by or against Trustor or any Guarantor
<br />hereof and if instituted against such party shall be consented to or shall not be dismissed within sixty ( 60 ) days after such
<br />institution: or
<br />( g ) Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact. convey, transfer,
<br />contract to sell, lease with option to purchase, sublease, dispose of, change the character or use of, or further encumber
<br />such property, or any part thereof, or any interest therein, or if any said parties shall be divested of title to such real property
<br />of any part thereof, or any interest either voluntarily or involuntarily, or if title to such property be subjected to any lien or
<br />charge voluntarily or involuntarily, contractual or statutory, without the written consent of Beneficiary being first had
<br />obtained, or
<br />( h ) If Trustor is a partnership and the interest of a general partner terminates, is assigned or transferred, or is diminished
<br />in any respect, or if Trustor is a corporation and a majority of the voting corporate stock is transferred, sold or assigned. or it
<br />the Trustor is a Trustee of a trust and there is a change of any of the Beneficial interest of the trust; or
<br />( i 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 may, at
<br />its option,
<br />(a ) Terminate additional advances. d ar v to be made under or pursuant to the Promissory Note or any budding loan
<br />agreement; or
<br />( b ) Declare any sum secured hereby immediately due and payable and the same shall there upon become due and
<br />payable 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
<br />regard to the adequacy of any security for the indebtedness secured hereby. enter upon and take possession of such
<br />property or any part thereof, make, cancel, entorce or modify leases; obtain and eject tenants, set or modity rents; in its own
<br />name sue or otherwise collect the rents, income. issues and profits thereof, including those past due and unpaid: and apply
<br />the same, less costs and expenses of operation, including reasonable attorney's fees, upon any indebtedness secured
<br />hereby and in such order as Beneficiary may determine; and except for such application, Beneficiary shall not be liable to
<br />any person for the collection or noncollection of any rents, income, issues or profits for the failure to assert or enforce any of
<br />the foregoing rights, nor shall Beneficiary by charged with any of the duties and obligations of a mortgagee in possession.
<br />The entering upon and taking possession of such property, the collection of suc h rents, income, issues or profits, the doing
<br />of other acts herein authorized, and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done pursuant to such notice. or
<br />( d ) Cause to be filed on record, a written notice of default and election to sell such property. After the lapse of such time
<br />as then may be required by law following recordation of such notice of default and notice of sale having been given as
<br />required by law. Trustee without demand on Trustor shall sell such property, either as a whole or in separate parcels, and in
<br />such order as it or Beneficiary may determine at public auction to the highest bidder The Trustee may postpone the sale of
<br />all or any portion of such property by public announcement at the time of sale, and from time to time thftreaffer, may
<br />postpone the sale by public announcement at the time and place fixed by the proceeding postponement Trustee shall
<br />deliver to such purchaser its deed conveying the property so sold, without any covenant or warranty, express or implied.
<br />The recital in such deed of any matters of tact or otherwise shall be conclusive proof of the truthfulness thereof. Any person,
<br />including Trustor, Trustee or Beneficiary, may purchase at said sale Trustee may also sell at any such sale and as a pan
<br />thereof. any shares of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice of
<br />such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives
<br />demand of notice of such sale.) After deducting alt costs, fees and expenses of Trustee, and of this trust including cost of
<br />evidence of title in connection with such sale, Trustee shall first apply the proceeds of sale to the payment of all sums
<br />expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the note or notes
<br />secured hereby, and then to payment of all other sums secured hereby, and it thereafter there be any proceeds remaining,
<br />dtstnbuto 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 any indebtedness secured
<br />hereby. Trustor agrees to pay said charge, if any of said indebtedness shall be paid prior to the maturity date thereof stated
<br />in said note or this Deed of Trust, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in
<br />performance of any agreement hereunder, and Beneficiary by reason thereof. shall have declared all sums secured hereby
<br />immediately due and payable.
<br />SCHEDULE OF LEASES Within ten ( 10 Nays after demand, Trustor shall furnish to Trustee or Beneficiary a schedule.
<br />certiffed by Trustor, setting forth all leases of such 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 space and such other
<br />information 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 />Trusli t "I not directly or indirectly. with respect to any lease of space in suer, property wneitior such tease is not o,
<br />heteefter in existence ( a I accept or permit any prepayment, discount or advance payment of rent thereunder f b I cancel
<br />tormrrrate the same, or accept any cancellation, termination or surrender thereof or permit any event to occur whim
<br />would *ntitle"iosmw thlrtoun�dw to term{nate or cencel the some f c ) an)end or mod,ty the game rw ks t„ reduco tho tt*rrn
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