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86-- 106561 <br />(d ) Trustor shall have procured, permitted or suffered, voluntarily or involuntarily, any creditor to obtain a lion not <br />permitted herein 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 appointment of a receiver or trustee for it or for a substantial part of such property, 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 arty similar process shall be issued or levied against all or any part of or interest <br />in such property, or arty judgment involving monetary damagesshall be entered against Trustor which shall become a lien <br />On such propettyor portion thereof or interest therein and such execution, attachment or similar process or judgmentis not <br />released; bonded, satisfied. vacated or stayed within sixty ( 60 ) days after its entry or WW or <br />( f) Bankruptcy, insolvency, reorganization, arrangement, or liquidation proceedings or other proceedings for relief <br />under any bankruptcy law or other law for the relief of debtor* shall be instituted by or against Trustor or any Guarantor <br />hereof and N instituted against such parry shall be consented to or shall not be dismissed within sixty ( 60 ) days after such <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 ) IfTrustor is a partnership and the interestota general partner terminates, is assigned or transferred, or is diminished <br />in any respect.or if Trustor Ise corporation and a majority of the voting corporate stock is transferred, sold or assigned, or if <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 ) 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, if any, to be made under or pursuant to the Promissory Note or any building 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 par# thereof, make, cancel, enforce or modify leases; obtain and eject tenants, set or modify rents; in its own <br />name 'weor 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 eased or enforce any of <br />the toreyoing 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 such 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 taw, 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 determineat 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 thereafter, may <br />postpone the sale by public announcement at the time and place fixed by the proceeding postponement Trustee shall <br />doWvw 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 fact 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 part <br />thereof. my 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 all 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 if thereafter there be any proceeds remaining, <br />distribute Own to the person or persons legally entitled thereto. <br />M 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 />porkw anco of any ogreerent hereunder, and Beneficiary by reason thereof, shall have declared all sums secured hereby <br />intrnedittiely due *" payable. <br />SCHEDULE OF LEAW&- Within ten ( 10) daysaf er demand. Trustor shall furnish to Trustee or Beneficiary a schedule, <br />eertilW byTrustor, setting imrth all leases of such property. Including, in each case, the name of thetsnants or occupants, a <br />dwrip6m of the space occupied by such tenant and occupant the rental payable for such space and such other <br />m(anwtion and documents with respect to such leases and tenancies as the Trustee or Beneficiary may request. <br />COVE "TS OF' TRUSTON WITH RESPECT TO LEASES: Without the prior written consent of Trustee or Beneficiary. <br />Ttuslor shale not directly or w4woctly, with respect to any leaea of space in such property, whether such "so is not or <br />tw*eowio � (s ) aocept or perwA any prepayment discount or advance payment of rent thereunder, ( b ) cancel <br />or ter"Wole the 'sante, of atocepi arty Conceileflorl,`termination or surrol-4w therool, or permit any event to occur which <br />veld srtfiar dte hewn ltwreuntMOr to listminata or Car" the farm®: t c ) amend or modify the same so aot to reduce the term <br />