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85--= 001731 the Note secured hereby on the principal and maturity. thereof after default SECOND: In the event Trustor, without the prior written consent of Beneficiary shall sell, transfer or convey or contract art or therein, the indebtedness hereby secured shall become and be immediately due and payable at the option of Beneficiary; provided, however, Beneficiary may waive such option to accelerate if, prior to such sale, transfer or conveyance or contract therefor, Beneficiary and the person to whom the property is to be sold or transferred reach an agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. THIRD: That as further security for the payment of the Note and the indebtedness thereby evidenced and the performance of all of the terms, covenants and conditions hereof, Trustor agrees that Beneficiary shall and does hereby have the right, power and authority during the continuance of this Deed of Trust to collect the rents, issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected thereby; and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and profits as they accrue and become payable so long as Trustor is not, at such time, in default with respect to payment of any indebtedness secured hereby or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, by agent, or by receiver to be appointed by a court, without notice and without regard to the adequacy of any security for the indebtedness hereby secured (a) enter upon and take possession of the Property or any part thereof and in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine; (b) lease the same or any part thereof for such rental, term and upon such conditions as Beneficiary's judgment may dictate or terminate or adjust the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, issues or profits to any indebtedness secured hereby shall not extend or Postpone the due date of the installment payments as provided in the Note or change the amount of such installments. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate any act done pursuant to such notice. Trustor assigns to Beneficiary, as further security for Page 5 of 12 I f L.