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85--e 004169 852584
<br />so as to affect this Deed of Trust, the entire Indebtedness secured hereby shall at the option of the Beneficiary
<br />become due and payable; (cI to keep the above- describea Property and the improvements thereon in good condition
<br />and repair and not to commit or suffer waste thereof, and except as authorized In any schedule annexed hereto and
<br />forming a part hereof, neither to remove nor permit the removal of any timber, buildings, oil, gas, minerefs,
<br />stone, rock, clay, fertilizer, gravel or top soil without the prior written consent of Beneficiary; (d) to
<br />maintain and deliver to Beneficiary policies of Insurance against such hazards on the buildings and improvements
<br />now or hereafter located on or constituting a part of the Property as the Beneficiary shall require, In such
<br />companies and amounts and with such loss payable clauses as shall be satisfactory to the Beneficiary; that In the
<br />event of loss, Beneficiary is expressly authorized to settle or compromise claims under said policies and the
<br />proceeds thereof shall be paid to the Beneficiary who may apply the same or any part thereof on the indebtedness
<br />secured hereby or toward the reconstruction or repair of said buildings and Improvements or release same to the
<br />Trustor; (e) to pay any lien, claim or charge against the Property which might take precedence over the Ifen
<br />hereof; (f) to pay on demand all legal expenses, title searches, appraisal or attorneys' fees reasonably
<br />Incurred or paid by Beneficiary to collect the Note or foreclose or protect the lien of this Deed of Trust; (g)
<br />that in the event Trustor shall fall to comply with the provisions of (a) through (f) above, the Beneficiary may
<br />expend such funds and take such action as Is necessary to remedy such failure and all sums paid by the
<br />Beneficiary pursuant hereto with Interest at the rate hereinafter provided shall constitute a lien upon the
<br />Property, shall be secured by this Deed of Trust, and shall be Immediately due and repayable to the Beneficlary;
<br />(h) not to sell the Property or any portion thereof; or, if the Trustor is a corporation, not more than —0— %
<br />of its corporate stock shall be sold, traded, or disposed of to persons other than the present owners Tsui
<br />stock prior to the time the Indebtedness secured hereby shall have been reduced (exclusive of prepayments other
<br />than as provided In the said Note) to S —O— • and In the event of any sale herein prohibited,
<br />then the entire Indebtedness secured by This Deed of rus s all, at the option of the Beneficlary, become due
<br />and payable; (1) that if the Property or any part or parcel thereof shall be taken or damaged under the power
<br />of eminent domain, the award for any Property so taken or damaged (Including severance damages to the remaining
<br />premises) shall be paid to the Beneficiary and applied In full or in part at the option of the Beneficlary In
<br />reduction of the indebtedness hereby secured; (j) that the Beneficlary shall have the right to inspect the
<br />Property at such reasonable times as the Beneficiary may desire to determine Trustor's compliance with the
<br />covenants contained In this Deed of Trust; (k) that the Beneficiary may release from the lien hereof any par+
<br />or parcel of the Property without requiring any consideration therefor, and (1) that Trustor is lawfully seized
<br />of said premises and Property In fee simple, that the same are free from all liens and encumbrances except as may
<br />otherwise be specifically noted herein or waived in writing by the Beneficiary; that Trustor will execute or
<br />procure any further necessary assurances of title and does hereby warrant generally the title to said Property
<br />and will forever defend the same against the claims and demands of all persons whomsoever, and that Trustor's
<br />separate estate, whether vested, contingent or in expectancy, Is hereby conveyed and Trustor does hereby
<br />expressly waive, release all rights and benefits of any homestead, dower, curtesy, appralsement, exemption and
<br />stay laws of this state. It is agreed that the Interest provided for in subsection (g) above shall be at the
<br />same rate as specified In the Note secured hereby on the principal thereof after default and maturity.
<br />SECOND: in the event Trustor, without the prior written consent of Beneficiary shafi sell, transfer or
<br />convey or contract to sell, transfer or convey the Property, or any part thereof or any interest therein, the
<br />entire balance of the indebtedness hereby secured shall become and be immediately due and payable at the option
<br />of Beneficiary; provided, however, Beneficiary may waive such option to accelerate if, prior to such sale,
<br />transfer or conveyance or contract therefor, Beneficiary and the person to wham the property Is to be sold or
<br />transferred reach an agreement In writing that the credit of such person is satisfactory to Beneficiary and that
<br />the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request.
<br />THIRD: That as further security for the payment of the Note and the Indebtedness +hereby evidenced and the
<br />performance of all of the terms, covenants and conditions hereof, Trustor agrees that Beneficiary shall and does
<br />hereby have the right, power and authority during the continuance of this Geed of Trust to collect the rents,
<br />issues and profits of the Property and of any personal property located thereon with or without taking possession
<br />of the property affected thereby; and Trustor hereby absolutely and unconditionally nsslgns all Such rents,
<br />issues and profits to Beneficiary. Beneficiary, however, hereby consents to Truster's collec +ion and retentinn
<br />of such rents, issues and profits as they accrue and become payable so long as Trustor Is not at such time in
<br />default with respect to payment of any indebtedness secured hereby or in the performance of any agreement
<br />hereunddr. Upon any such default, Beneficiary may at any time, either in person, by agent, or by receiver +o he
<br />appointed by a court, without notice and without regard to the adequacy of any security for the rndeb +edrress
<br />hereby secured (a) enter upon and take possession of the Property or any part thereof and In i +s own name sue
<br />for or otherwise collect such rents, Issues and profits, Including those past due and unpaid, and apply the same,
<br />less costs and expenses of operation and collection, including reasonable attorney's fees, upon any Indebtedness
<br />secured hereby and In such order as Beneficiary may determine; (b) lease the same or any part +hereof for such
<br />rental, term and upon such conditions as Beneficiary's judgment may dictate or terminate or adjust the terms and
<br />conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise !n writing, any
<br />application of rents, issues or profits to any Indebtedness secured hereby she!I not extend or postpone the due
<br />date of the Installment payments as provided In the Note or change the amount of such installments. The entering
<br />upon and taking possession of the Property, the collection of such rents, issues and profits, and the application
<br />thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate any act
<br />done pursuant to such notice. Trustor assigns to Beneficiary, as further security for +he performance of the
<br />Indebtedness and obligations secured hereby, all prepaid rents and all moneys which may have been or may
<br />hereafter be deposited with Trustor by any lessee of the Property, to secure the payment of any rent or damages,
<br />and upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and
<br />deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted by this
<br />paragraph THIRD to any tenant occupying the Property or any portion thereof shall he sufficient to require said
<br />tenant to pay said rent to Beneficiary until further notice.
<br />FOURTH: If there shall be filed by or against the Trustor any petition or proceeding seeking an
<br />arrangement
<br />or coxiposTtlon or extension or any other relief under or pursuant to the Federal Bankruptcy Code or any other
<br />similar statute as now or hereafter in effect, or If the Trustor shall be adjudicated bankrupt or Insolvent or
<br />any of Trustor's property shall have been sequestered and such decree shall have continued undischarged and
<br />unstayed for 90 days after the entry thereof, then the whole of the Note and indebtedness hereby secured shall,
<br />without notice, at the option of the Beneficiary, become due and payable,
<br />FIFTH: Upon default by Trustor in the payment of or performance of the terms and conditions or the No +e, or
<br />any revewals, modifications or executions thereof, +he payment of any other Indebtedness secured hereby or In the
<br />performance of any agreement, covenant or warranty herein contained or set forth In any agreement of Instrument
<br />executed by Trustor in connection with the indebtedness hereby secured, Beneficiary may declare nil sums secured
<br />hereby Immediately due and payable and the same shall thereupon become due and payable without presentment,
<br />demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to Trustee a written declaration of
<br />default and demand for sale. 'trustee shell have the power of sale of the Property And if Beneficiary decides the
<br />Property Is +o be sold It shall deposit with Trustee this Deed of Trust and the Note or notes And env other'
<br />documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and
<br />election to cause the Property to be sold, and Trustee, In turn, shat I prepare A S,Imi lAr notice In the form
<br />required by law, which shell be duly filed for record by Trustee,
<br />(a) After the lapse of such time as may to required by law following the recordation of Notice of
<br />n
<br />Default, and notice of Default and Notice of Sale having been given .•s required by IAw, Trust..,,, without
<br />demand on Trustor, shall sell the Property herein
<br />cp
<br />before described, and Any and nvcry pArt thereof, in
<br />separate parcels or on masse as the Trustee may elect and In such order as Trustee may determine <,n th,.
<br />t1t
<br />date and at the time and place designated In said Notice of Snle, mt puhii, :1u, t1, , to the
<br />bidder, the purchase pricepayable In cash In lawful mxrrw, of fne linite,f Staten At the time (,I sale, t'
<br />person conducting the salomay, for any tnuse he cr she drx+ms e.healrn t, po,tp,,m. fn„ ,Alf, fr„m times t,,
<br />florin until it shall be c:(mplet"d and, In every rush rase., nrifi• -e ,f pnsitonemr,nt .hull !e i,c- !v
<br />public iloelar'ntl <,n thereof by sur:h person At the time And place In ;t Apl —i te,1',,, the
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