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<br /> <br />r- <br /> <br />12,4884/4X <br /> <br />..,;- ooeaI8. <br /> <br />r <br /> <br />taxes), license fees, coats of rentalOJ' maintenance.otperioO <br />painting and decorating of unit., and legal, a1lctit. <br />accountant fees and expenses to the exttmt <br />operation of the Real Bstate. "()peratfng <br />noncash items such a depreciation, coat <br />like as well a costs which under atan~ <br />principles consistently applied should be (lQft <br />Federal and state Income taxes shall. not be t <br />purposes of tbis paragraph. The lim_~~f <br />"operating expenses" is not Intended to be aU thCltlil... <br /> <br />20. No Waiver b..l' Benefi~: No waiver by <br />right under this Deed of Tns shall be ettective <br />Waiver by Beneficiary of any right granted to .BeD.e <br />Deed of Trust or of any proviaion of this Deed .()f <br />transaction or occurrences shall not be deemed a waiver.. <br />transaction or occurrences. By accepting p8)'1H1lt. ()f. any <br />hereby after its due date. or by making any payment 01' <br />act on behalf of Trustor that Trustor was obliptec1. ... <br />failed to make or perform, or by adding any pa}'llMHlt ~ <br />Beneficiary to the indebtedness secured hereby, BeneftCiaJ.!y' <br />waive its right to require prompt payment when due of all other <br />secured or to require prompt performance of all other acts recp.:rl <br />hel'P'mder, or to declare a default for failure so to pay. <br /> <br />u. "&tve}' of statute of L1m1tations: tlllle Is of the essence 1I1eB.. . .......i0 ' <br />Trustor's .obUgations hereunder; and to the extent permitted. by . .... <br />Trustor waives all present or future statutes of limitations with reapeot <br />to any debt. demand or obligation secured hereby in any action 01' <br />proceeding for the purpose of enforcing thi. Trust or any ript or <br />remedies hereunder. <br /> <br />22. Inspection and Financial Records: Beneficiary at any time <br />during the continuation of this Trust may enter and inspect sueh <br />property at any reasonable time. Trustor shall deliver to Beneficiary. <br />as soon 8S available. and, in any event, within ninety (90) days after <br />Trustor's fiscsl year, a completed certified operating statement with <br />respect to such property, covering at least gross income and its <br />sources, itemized operating expenses, depreciation chargee, net Income <br />'.>efore and after taxes and such other detail as Beneficiary may request. <br />Failure to C~rnil!lh any such statement, or the occurrence of any other <br />Event of DeCault. as defined in the Promissory Note secured hereby. <br />,hall give BOI'efi<.ofary the right to audit the books and records of <br />l'rustor or Trustor's permitted successors or asigns. Trustor further <br />agrees, when requested by Beneficiary, to promptly deliver in writing <br />such further additional information ItS required by Beneficiary relating to <br />MY such financial statements, <br /> <br />23. Acceleration Clause: Should Trustor be in default under this <br />Deed of 1'rust. or should Trustor. or any successor in interest of <br />Trustor. VOluntarily or involuntarily seU, exchange, convoy, transfer. <br />contract to sell. lease with option to purchue, chant'f! the character or <br />UIIC of. 01' further encumber such property, or any part thereof. or any <br />interest therein; or if any of said parties shall be divested of title to <br />such property. or Any part thereof. or fAny interest therein, either <br />voluntarily. or involuntarily or if title tn such property be subjected to <br />any Uen or charge, voluntarily or involuntarily, contractual or <br />statutory. without the written consent of Beneficiary being first had and <br />obtained. then Beneficiary shall have the right. at its option, to declare <br />all lIums secured hereby forthwith due and payable; and this same right <br />of acceleration shall be available to Beneficiary If the undersigned is It <br />partnerl!hip and any interest of It generul partner terminatelil, is lIs$igned <br />or transferred, at' is dImini8hed; or if the undersigned Is Il corporation <br />lU1d limy of the corporate stock Is tr!Jnsfel'red. !'Iold or assigned: or if <br />the underaJgned II~ Il. trustee of a trust find there is II change of any of <br />the beneficial Intelt'tHlt of' the trust. <br /> <br />L <br /> <br />24. Itemediell: No remedy h(!'rein provided shall be exchlflh'l; of <br />llIny other "rmnoay-'hcreln Of' now or heredtal' exiotlng by law. but shall <br />be cumulaUv('I. IP.ver power or remedy h..reby given to Tru"h'e 01' <br />Bflflllficiary. or to which l;tther of them mllY he otherwise nntitlN1. mflV <br />1)(11 t'!l(ll!rc\w(!(J from tlml' to time flnd as often' tUlI may h.. dl'el1'1c'd ('Jq>t~llill'l't <br /> <br />11 <br /> <br /> <br />--3 <br />