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0'r 730
<br />85_... 005120
<br />Beneficiary, become due and payable; (i) that if the Property or any part
<br />or parcel thereof shall be taken or damaged under the power of eminent
<br />domain, the award for any Property so taken or damaged (including severance
<br />damages to the remaining premises) shall be paid to the Beneficiary and
<br />applied in full or in part at the option of the Beneficiary in reduction of
<br />the indebtedness hereby secured; (j) that the Beneficiary shall have the
<br />right to inspect the Property at such reasonable times as the Beneficiary
<br />may desire to determine Trustor's compliance with the covenants contained
<br />in this Deed of Trust; (k) that the Beneficiary may release from the lien
<br />hereof any part or parcel of the Property without requiring any consid-
<br />eration therefor, and (1) that Trustor is lawfully seized of said premises
<br />and Property in fee simple, that the same are free from all liens and
<br />encumbrances except as may otherwise be specifically noted herein or waived
<br />in writing by the Beneficiary; that Trustor will execute or procure any
<br />further necessary assurances of title and does hereby warrant generally the
<br />title to said Property and will forever defend the same against the claims
<br />and demands of all persons whomsoever, and that Trustor's separate estate,
<br />whether vested, contingent or in expectancy, is hereby conveyed and Trustor
<br />does hereby expressly waive, release all rights and benefits of any home-
<br />stead, dower, curtest', appraisement, exemption and stay laws of this state.
<br />It is agreed that the interest provided for in subsection (g) above shall
<br />be at the same rate as specified in the Note secured hereby oil the princi-
<br />pal thereof after default and maturity.
<br />SECOND: In the event Trustor, without the prior �,•ritten consent of
<br />Beneficiary shall sell, transfer or convey or contract to sell, transfer or
<br />convey the Property, or any part thereof or any interest therein, the
<br />entire balance of the indebtedness hereby secured shall become and be
<br />immediately due ano payable at the option of Beneficiary; providea, how-
<br />ever, Beneficiary may waive such option to accelerate if, prior to such
<br />sale, transfer or conveyance or contract therefor, Beneficiary and the
<br />person to whom the property is to be sold or transferred reach an agreement
<br />in writing that the credit of such person is satisfactory to Benefic_ary
<br />and that the interest payable on the sums secured by this Deed of Trust
<br />shall be at such rate as Beneficiary shall -equ est.
<br />THIRD: That as further security for the payment of the Note and the
<br />indebtedness thereby evidenced and the performance of all of the terms,
<br />covenants and conditions hereof, Trustor agrees that Beneficiary shall and
<br />does hereby have the right, power and authority during the continuance of
<br />this Deed of Trust to collect the rents, issues and profits of the ?roperty
<br />and of any personal property located thereon with or without taking pos-
<br />session cf the property affected thereby; and Trustor hereby absolutely and
<br />unconditionally assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, however., hereby consents to Trustor's collection and retention
<br />of such rents, issues and profits as they accrue and become payable so long
<br />as Trustor is not at such time in default with respect to payment of any
<br />indebtedness secured hereby or in the performance of any agreement here-
<br />under. Upon any such default, Beneficiary may at any time, either in
<br />person, by agent, or by receiver to be appointed by a court, without notice
<br />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
<br />part thereof and in its own name sue for or otherwise collect such rents,
<br />issues and profits, including those past due and unpaid, and apply the
<br />same, less costs and expenses ^f operation and collection, including
<br />reasonable attorney's fees, upon any indebtedness secured hereby and in
<br />such order as Beneficiary may determine; (b) lease the same or any part
<br />thereof for such rental, term and upon such conditions as 13elleficiary's
<br />judgment may dict:.ate or terminate or adjust- the terms and conditions of any
<br />existing lease 017 leases. unless Trustor and 13enefic.iary a9I. -o o otherwise
<br />in writing, any application of rents, issues or profits to ally indebte can,
<br />secured hereby shall not extend or postpone the 13111' fi.ltl of the installment
<br />nt
<br />payments as provided in the Note- or r•hangv the unc:unt of such in;t.nllmernt:,.
<br />s-,s; nn of the P o cl t t.hl collection of
<br />};c: c.ntfar to 7 tip c .and ta'r.l ny po 1 1 1
<br />uch rt!r1t�, t. -111 _ rand profits, 3nrl�thl a1.}�71cattun til <•rcoi ;1f1, a<1.i13,
<br />��harl: not- watvo oI Lure any de'alilt 1 1 not11•e.' ref .3ef�ult ilrt!�unllr , : >t r+
<br />invll.cliltf an,� tct: ioiw rl. for
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