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In
<br />8b- 00475.1
<br />so as to affect this Deed of Trust, the entire indebtedness secured hereby shall at the option of the Beneficiary
<br />become duo and payable; (c) to keep the above - described 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, minerals,
<br />stone, rock, clay, fertilizer, gravel or top solf without the prior written consent of Beneficiary; (d) to
<br />maintain and deliver to Beneficiary policies of insurance against such hazards on the bulldings 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, Boneflclary 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 lien
<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 Beneficiary;
<br />(h) not to sett the Property or any portion thereof; or, if the Trustor Is a corporation, not more than ^ %
<br />of its corporate stock shall be sold, traded, or disposed of to persons other than the present owners oT suci+
<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 —$0— • and in the event of any sale herein prohibited,
<br />then the entire indebtedness secured by Tnis Ueed of rum shall, at the option of the Beneficiary, 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 />promises) shall be paid to the Beneficiary and applied In full or in part at the option of the Beneficiary in
<br />reduction of the Indebtedness hereby secured; (j) that the Beneficiary 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 [ten hereof any part
<br />or parcel of the Property without requiring any consideration therefor, and (1) that Trustor is lawfully seized
<br />of said promises 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 sold 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, appraisement, 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 />SECDW : In the event Trustor, without the prior written consent of Beneficiary shall 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 whom 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 shell request.
<br />THIRD: That as further security for the payment of the Note and the Indebtedness thereby evidenced and the
<br />performance of all of the terms, covenants and conditions hereof, Trustor agrees ?hat Beneficiary shall and does
<br />hereby have the right, power and authority during the continuance of this Deed 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 assigns all such rents,
<br />Issues and profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention
<br />of such rents, issues and oroflts 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 se _red hereby or Jr. the performance of ary agreement
<br />hereunder. Upon any such default, Beneficiary may at an; either in person, by agent, or by receiver to be
<br />appointed by a court, without notice and without regard to ",• adequacy of any security for the indebtedness
<br />hereby secured (a) enter upon and take possession of the Propfa r.r any part thereof and in Its own name sue
<br />for or otherwise collect such rents, Issues and profits, including !Dose 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 thereof 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 in writing, any
<br />application of rents, Issues or profits to any Indebtedness secured hereby shall 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 the 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 be sufficient to require sold
<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 arrangement
<br />or composition or extension or any other rel let under or pursuant to the Federal Bankruptcy Code or any other
<br />similar statute as now or hereafter in effect, or ft the Trustor shell 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 Boneticlary, become due and payable.
<br />FIFTH: Upon default by Trustor in the payment of or performance of the terms and conditions of +he Note, or
<br />any revowals, modifications or executions thereof, the payment of any other Indebtedness secured hereby or In the
<br />performance of any agreement, covenant or warranty herein contained or set forth to any agreement of instrcmfent
<br />executed by Trustor in connection with the Indebtedness hereby secured. Beneficiary may declare all 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 declaretlon of
<br />default and demand for sale. Trustee shall have the power of sale of the Property and If Beneficiary decides the
<br />Property is to be sold it shall deposit with Trustee this Deed of Trust and the Note or- notes and any o +her
<br />documents ovldeacing expenditures secured hereby, and shell deliver to Trustee a written notice of default and
<br />election to cause +he Prc$Ierty to be sold, and Trustee, In turn, shall prepare a simllnr notice to 'he form
<br />required by law, which shall ba duly fl led for record by Trustee.
<br />(a) After the lapse c >f such time as may I* requl-ed by law following the recordation of Notice of
<br />Default, and notice of Default and Notice of Sale having been given as required by law, Trustee, wlthout
<br />demand cn Trustor, shatI sell the Property herein before described, and any and every part thereof, in
<br />wlperote parcels or on masse as the Trustee may elect and in such order as Trustee may determine on thA
<br />late and of the time and place designated in said Notice of Sale, at public aucllon ft, the hlVhest
<br />bldsler, the purchase price payable In cash In lowlul money of the Unf +ed Stores nt the 'Imr• ,-f sole. M
<br />Person conducttng fhe wemay, frw any eute he rW she 'feems !+..Pedlenf, pc,,ip'5 a the nip faun +Imo to
<br />time until It shall be ctoptwted and, In every such case, rxA ice of poytponemn r,t Shall be given Fit
<br />pub!ic dew'. I ar at l on thereof by %wcn per %,,n at The time and :•l ate Iasf appal nt-1 ',., rr,r. ca le; p'nvlded,
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