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83006537
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Last modified
11/20/2008 10:09:26 AM
Creation date
11/20/2008 10:09:26 AM
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DEEDS
Inst Number
83006537
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<br />r <br /> <br />83~)o6537 <br /> <br />7. Performance bv Beneficiary. Beneficiary may, but $"hall <br />have no obligation to, do any act which Trustor has agreed but <br />failed to do, and Beneficiary may also do any act it deems <br />necessary to protect the lien hereof. Trustor agrees to repay, <br />upon demand, any sums so expended by Beneficiary for the above <br />purposes, and any sum so expended by Beneficiary. shall beadd$d <br />to the indebtedness secured hereby and become secured by thellen <br />hereof. Beneficiary shall not incur any personal liability <br />because of anything it may do or omit to do hereunder. <br /> <br />8. Assiqnment of Rents. Beneficiary shalL have the right, <br />power and authority during the continuance of this Deed of Trust <br />to collect the rents, issues and profits of the property and of <br />any personal property located thereon with or without taking <br />possession of the property affected hereby, and Trustor hereby <br />absolutely and unconditionally assigns all such rents, issues and <br />profits to Beneficiary. Beneficiary, however, hereby consents to <br />Trustor's collection and retention of such rents, issues and <br />profits as they accrue and become payable, so long as Trustor is <br />not, at such time, in default with respect to payment of any <br />indebtedness secured hereby, or in the performance of any agree- <br />ment hereunder. If any event of default described hereafter in <br />respect to this Deed of Trust shall have occurred and be con- <br />tinuing, Beneficiary, as a matter of right and without notice to <br />Trustor or anyone claiming under Trustor, and without regard to <br />the value of the trust estate or the interest of the Trustor <br />therein, shall have the right to apply to any court having juris- <br />diction to appoint a receiver of the property. <br /> <br />9. Transfer of Propert.v. If all or any part of the <br />property or any ~nterest of Trustor therein is sold, transferred <br />or further encumbered without the express or written consent of <br />Beneficiary, Beneficiary may, at its sole option, declare all <br />sums secured by this Deed of Trust ro be immediately due and pay- <br />able and proceed to the remedies available to it under the <br />default provisions contained herein. <br /> <br />10. Events of Default. Anv of the fallowing events shall <br />be deemed an event of default hereunder: <br /> <br />fal Trustor shall have failed to make <br />payment of any installment of interest. <br />principal or orincipal and interest or any <br />other sums secured hereby when due; <br /> <br />(b) There has occurred a breach of or <br />default under any term, covenant, agreement, <br />condition, provision, representation or <br />warranty contained in this Deed of Trust, the <br />note or any other loan instrument secured <br />hereby; <br /> <br />(c) There has been a default by the <br />Trustor in the payment of any prior or subse- <br />quent lien or encumbrance in respect to all <br />or any part of the property; <br /> <br />(d) Trustor shall file a voluntary <br />petition in bankruptcy or shall be adjUdi- <br />cated bankrupt or insolvent, or shall make an <br />assignment for the benefit of creditors in <br />respect to the property; or an action to <br />enforce any lien or encumbrance or judgments <br />against the property is commenced. <br /> <br />11. Acceleration Upon Default. In the eVent of any <br />default, BenefiCiary may declare all indebtedness secured hereby <br />to be dU9 and payable. and the same shall thereupon become due <br />and payable without any preaentcment. demand, protest or notice of <br />any kind. Thereafter, Beneficiary may: <br /> <br />-3- <br /> <br />
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