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84-' 006348 6. Condemnation. In the event the property, or any part thereof, shall be taken by eminent domain, Beneficiary is entitled to collect and receive all compensation which may be paid for any property taken or for damages to property not taken, and Benefi- ciary shall apply such compensation, at its option, either to a reduction of the indebtedness secured hereby or to repair and restore the property so taken. 7. Performance by" Beneficiary. Beneficiary may, but shall have no obligation to, do any act which Trustor has agreed but failed to do, and Beneficiary may also do any act it dee1RS necessary to protect the lien hereof. Trustor agrees to repay, upon demand, any sums so expended by Beneficiary fo~ the above purposes, and any sum so expended by Beneficiary shall be added to the indebtedness secured hereby and become secured by the lien hereof. Beneficiary shall not incur any personal liability because of anything it may do or omit to do hereunder. B. In~ctions. Beneficiary, or its agents, repre&eftta- tives or workmen, are authorized to enter at any reasonable ti1Re upon or in any part of the property for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of any loan instruments executed by Trustor. Q 1\..........~..n~ ni' t;!...nrs. Beneficiarv sh.ll have theri t, power and author1ty ur ng the continuance of this Deed of Trust Construction Security Agreement to collect the rents, issues and profi ts of the property and of any personal property located thereon with or without taking possession of the property affected' hereby, 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 perform- ance of any agreement hereunder. If any event of default described hereafter in respect to this Deed of Trust Construction Security Agreement shall have occurred and be continuing, Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the trust estate or the interest of the Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a ~eceiver of the property. 10. Transfer of pro~rty. If all or any part of the property or any interest 0 Trustor therein is sold, transferred or further encumbered without the express or written consent of Beneficiary, Beneficiary may, at its sole option, declare all." sums secured by this Deed of Trust Construction security Aqree- -.nt to be immediately due and payable and prooeed to the remedies available to it under the default provisions contained herein. 11. Events of Default. Any of the following events shall be deemed an event of default hereunder: L (a) Trustor shall have failed to make payment of any installment of interest, principal or principal and interest or any other sums secured hereby when due: fbt There has occurred a breach of or default under any term, covenant, agreement, condition, provi- sion, repre8entation or warranty contained in this Deed of Trust Construction security 'Agreement, the note or any othet:' loan instrument. ~ecured hereby t leI There hag been a default by the Trustor in the payment of any prior or subsequent lien or encum- brance in rel9poct to all or any part of the prope.rtYt (a) TrullItor "hal1 fi Ie a voluntary petitic.m in bIU1krupt(~y ("IX' IJIha.ll be adiudicated bankrupt or in$lol- Vllmt, or lih...U !I'llllke IU'! IHuiqmnent for the bl"lne1 j.t of -J- ~