T
<br />L
<br />F i
<br />$5.- 004963
<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; (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, olI, gas, minerals,
<br />(d) to
<br />stone, rock, clay, fertilizer, gravel or top soil without the prior written consent of Beneficiary;
<br />maintain and deliver to Beneflclary 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 shell be satisfactory to the Beneficiary; that In the
<br />Is authorized to settle or compromise claims under said policies and the
<br />event of loss, Beneficiary expressly
<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 />Trust; (g)
<br />incurred or paid by Beneficiary to collect the Note or foreclose or protect the lien of this Deed of
<br />that In the event Trustor shall fell 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 />hereto with interest at the rate hereinafter provided shall constitute a lien upon +he
<br />Beneficiary pursuant
<br />Property, shall be secured by this Deed of Trust, and shall be Immediately due and repayable to the eneficlary;
<br />-0- 4
<br />(h) not to sell the Property or any portion thereof; or, if the Trustor Is a corporation, not more , +hen
<br />traded, disposed of to persons other than the present owners o1 such
<br />of Its corporate stock shall be sold, or
<br />stock prior to the time the indebtedness setbred hereby shall have been reduced (exclusive of prepayments other
<br />sale herein
<br />than as provided In the said Note) to S J and in the event of any prohibited,
<br />then the entire indebtedness secured by s o rus s a I, 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 />Property taken or damaged (including severance damages to the remaining
<br />of eminent domain, the award for any so
<br />premises) 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 />the
<br />Property at such reasonable times as the Beneficiary may desire to determine Trustor's compliance with
<br />covenants contained in this Deed of Trust; (k) that the Beneficiary may release from the lien hereof any part
<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 shalt be at the
<br />same rate as specified In the Note secured hereby on the principal thereof after default and maturi +y.
<br />SECOND: In the event Trustor, without the prior written consent of Beneficiary shall sell, transfer or
<br />convey or contract to sail, 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 +hat
<br />the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shelf 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 that 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 />however, hereby consents to Trustor's collection and retention
<br />`
<br />Issues and profits to Beneficiary. Beneficiary,
<br />of such rents, issues and profits as they accrue and becomr payable so long as Trustor is not at such +)me In
<br />1Y
<br />default with respect to payment of any indebtedness secured hereby or In the performance of any agreement
<br />hereunder. Upon any such default, Beneficiary may at any time, either in person, by agent, or by receiver to be
<br />appointed by a court, without notice and without regard to the adequacy of any security for the Indebtedness
<br />hereby secured (a) enter upon and take possession of the Property or any part thereof and In Its 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 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 +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 be 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 +he Trus +or any petition or proceeding seeking an arrangement
<br />or caalpeos tion 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 shelf 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 of the Note, or
<br />any revewa(s, modifications or executions thereof, the payment of any other Indebtedness secured hereby or In +he
<br />performmance 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 all sums secured
<br />hereby Immediately due and payable and the same shell 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 shall have the power of sale of the Property and If Beneficiary decides the
<br />Property Is to be sold I+ shall deposit with Trustee this Deed of Trust and +he Note or notes and any other
<br />documents evidencing expenditures secured hereby, and shall eliver to Trustee a written notice of default and
<br />election to cause the Property to be sold, and Trustee, In turn, shall prepare a similar notice in the form
<br />required by low, which shall be duly filed for record by Trustee.
<br />(a) After the lapse of such time as may be required by few following the recordation of Notice of
<br />Default, and notice of Default and Notice of Sale having been given as -squired by law, Trustee, without
<br />In
<br />W
<br />demand on Trustor, shall sell the Property herein before described, and any and every par+ there,-,
<br />ub
<br />separate parcels or an masse as the Trustee may elect and In such order as Trustee may deter'mina or +t.f
<br />Cats and at the time and place designated In cald Notice of Sale, at pull!,.- auction to the hi.7 he s-
<br />M ader, the purchase price payable In cash In lawful money of the Unl +ed r,+n1 < at the +lme of calm, "-
<br />person c n:ducting +h,e salema'y, for any caUSe he or she deems en-, fr •I— ,.
<br />time until it 5hall be rcmkplitted and. In every such cast,, he �
<br />pupitr; dM. ar nt ltm tnereuf by such pm' -wt, at +" time And t'Iary last � .., r � e sole:
<br />!r
<br />
|