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<br />200805300 <br /> <br />Beneficiary; that in the event of loss, Beneficiary is expressly authorized <br />to settle or compromise claims under said policies and the proceeds thereof <br />shall be paid to the Beneficiary who may apply the same or any part thereof <br />on the indebtedness secured hereby or toward the reconstruction or repair of <br />said buildings and improvements or release same to the Trustor; (e) to pay <br />any lien, claim or charge against the Property which might take precedence <br />over the lien hereof; (f) to pay on demand all legal expenses, title <br />searches, appraisal or attorneys' fees reasonably incurred or paid by <br />Beneficiary to collect the Note or foreclose or protect the lien of this Deed <br />of Trust; (g) that in the event Trustor shall fail to comply with the <br />provisions of (a) through (f) above, the Beneficiary may expend such funds <br />and take such action as is necessary to remedy such failure and all sums paid <br />by the Beneficiary pursuant hereto with interest at the rate hereinafter <br />provided shall constitute a lien upon the Property, shall be secured by this <br />Deed of Trust, and shall be immediately due and repayable to the Beneficiary; <br />(h) not to sell the Property or any portion thereof; (i) that if the Property <br />or any part or parcel thereof shall be taken or damaged under the power of <br />eminent domain, the award for any Property so taken or damaged (including <br />severance damages to the remaining premises) shall be paid to the Beneficiary <br />and applied in full or in part at the option of the Beneficiary in reduction <br />of the indebtedness hereby secured; (j) that the Beneficiary shall have the <br />right to inspect the Property at such reasonable times as the Beneficiary may <br />desire to determine Trustor's compliance with the covenants contained in this <br />Deed of Trust; (k) that the Beneficiary may release from the lien hereof any <br />part or parcel of the Property without requiring any consideration therefor, <br />and (1) that Trustor is lawfully seized of said premises and Property in fee <br />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 Beneficia- <br />ry; that Trustor will execute or procure any further necessary assurances of <br />title and does hereby warrant generally the title to said Property and will <br />forever defend the same against the claims and demands of all persons <br />whomsoever, and that Trustor's separate estate, whether vested, contingent or <br />in expectancy, is hereby conveyed and Trustor does hereby expressly waive, <br />release all rights and benefits of any homestead, dower, curtesy, appraise- <br />ment, exemption and stay laws of this state. It is agreed that the interest <br />provided for in subsection (g) above shall be at the same rate as specified <br />in the Note secured hereby on the principal thereof after default and <br />maturity. <br /> <br />SECOND. In the event Trustor, without the prior written consent of <br />Beneficiary, shall sell, transfer or conveyor contract to sell, transfer or <br />convey the Property, or any part thereof or any interest therein, the entire <br />balance of the indebtedness hereby secured shall become and be immediately <br />due and payable at the option of Beneficiary; provided, however, Beneficiary <br />may waive such option to accelerate if, prior to such sale, transfer or <br />conveyance or contract therefor, Beneficiary and the person to whom the <br />property is to be sold or transferred reach an agreement in writing that the <br />credit of such person is satisfactory to Beneficiary and that the interest <br />payable on the sums secured by this Deed of Trust shall be at such rate as <br />Beneficiary shall request. <br /> <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 Property <br />and of any personal property located thereon with or without taking <br />possession of the property affected thereby; and Trustor hereby absolutely <br />and unconditionally assigns all such rents, issues and profits to Beneficia- <br />ry. Beneficiary, however, hereby consents to Trustor's collection and <br />retention of such rents, issues and profits as they accrue and become payable <br />so long as Trustor is not at such time in default with respect to paYment of <br />any indebtedness secured hereby or in the performance of any agreement <br />hereunder. 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 part <br />thereof and in its own name sue for or otherwise collect such rents, issues <br />and profits, including those past due and unpaid, and apply the same, less <br />costs and expenses of operation and collection, including reasonable <br />attorney's fees, upon any indebtedness secured hereby and in such order as <br />Beneficiary may determine; (b) lease the same or any part thereof for such <br />