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b H< <br />86--- it�g918 <br />( d ) Trustor shat l ` red, permitted or suffered, voluntarily or involuntarily, any <br />permitted herein upon all or part of such property; Trustor or any guarantor of the indebt i <br />become insolvent of admit in writing its inability to pay its debts as they mature, or make an F <br />creditors "or cooly for or consent to the a000int meet of a receiver or trustee for it Or for a substs <br />after appointment; or <br />or any partof or interest <br />rich shah becomes, liar <br />ocessorjudgment is not <br />w proceedings for relief <br />hereof and if instituted against such parry 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, orany partthereof, orany intereattherein, or if any said parties shall bedivested of titlem such reel 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 voluntarAy or involuntarily, contractual or statutory, without the written consent of Beneficiary being first had <br />obtained. or <br />( h ) NTrustor 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 if <br />the Trustor is a Trustee of a trust and these 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 part thereof, make, cancel, enforce or modify uses; obtain and eject tenants, set or modify rents; in its own <br />name sue or otherwise collect the rents, income, issues and profits thereof, including those past dueand 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, foregorng 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 than 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 may portion of such property by public announcement at the time of sale, and from time to time theroafter. may <br />postpone the sate by public announcement at the time and place fixed by the proceeding postponement Trustee "I <br />deriver 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 />inckidrng Trustor, Trustee or Beneficiary, may purchase at said sale. Trustee may also self at any such sale and as a part <br />thered any shares of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice of <br />such sale (Beneficiary at itacp_ ion 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 expanses of Trustee, and of this trust, including cost of <br />evidence of title in connection with such sale, Trustee shell first apply the proceeds of sale to the payment of all sums <br />expended under the tams 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 thereafterthere be any proceeds remaining, <br />distribute them to the person or persons legally entitled thereto. <br />If 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, it any of said indebtedness shall be paid prior to the maturity date thereof stated <br />in eald'note or this,Deed of Truss, even if and notwithstanding Trustor shell have defaulted in payment thereof, or in <br />performsnee d any agreement hereunder, and Beneficiary by reason thereof. shall have declared all sums secured hereby <br />SQHEQULE OF LEASES: Within ten ( 10 ) daysafler demand. Trustor shall furnish to Trustee or Beneficiary a schedule, <br />cer"o by Ttustor, salting forth all leases of such property, including, in each case, the name of the tenants or occupants, a <br />of to space occupied by such tenant and occupant, the rental payable for such space and such other <br />information and documarils wiNi nppeCt to such leases and lenancas 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 />TruMor' stusti not directly or indirectly, with respect to any) o" of space in such property. whether such lease is not or <br />neriil~ in existence, ( a) accrept or pen►rYarry prepayment discount or advance payment of rent thereunder, ( b ) cancel <br />or terminate the' lamw or accept any oencatiatioti. terminsti i or surrender thereof, or permit any event to occur which <br />Itiolessee theroun<W to terminota of cancer the 'stiemc ( c ) amend or modify the same so as to reduce the ter m <br />