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2oo9ossi3 <br />as is necessary to remedy such failure and all sums paid by the Beneficiary pursuant hereto with <br />interest at the rate hereinafter provided shall constitute a lien upon. the Praperty, shall be secured <br />by this Deed of Trust, and shall be immediately due and repayable to the Beneficiary; (h) not to <br />sell the Property or any portion thereof without the approval of the Beneficiary in writing; and in <br />the event of any sale herein prohibited, then the entire indebtedness secured by this Deed of Trust <br />shall, at the option of the 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 domain, the award for <br />any Property so taken or damaged (including severance damages to the remaining premises) shall <br />be paid to the Beneficiary anal applied in full or in part at the option of the Beneficiary in <br />reduction of the indebtedness hereby secured; (j.)that the Beneficiary shall have the right to <br />inspect the Property at such reasonable times as the Beneficiary may desire to determine <br />Trustor's compliance with the covenants contained in this Deed of Trust; (k) that the Beneficiary <br />may release from the lien hereof any part or parcel of the Praperty without requiring any <br />consideration therefor, and (1.) that Truster is lawfully seized of said premises and Property in fee <br />simple, that the same are free from al] liens and encumbrances except as may otherwise be <br />specifically noted herein or waived in writing by the Beneficiary; that Truster will execute or <br />procure any further necessary assurances of title and does hereby warrant generally the title la <br />said Property and will forever defend the same against the claims and demands of all persons <br />whomsoever, and that Tnistor's separate estate, whether vested, contingent or in expectancy, is <br />hereby conveyed and Truster does hereby expressly waive, release all rights and benefits of any <br />homestead, dower, courtesy, appraisement, exemption and stay laws of this state. It is agreed that <br />the interest provided for in subsection (g) above shall be at the same rate as specified in the Note <br />secured. hereby on the principal thereof after default and maturity. <br />SECOND. In the event Truster, without the prior written consent of Beneficiary, shall <br />sell, transfer or convey or contract to sell, transfer or convey the Property, or any part thereof or <br />any interest therein, the entire balance of the indebtedness hereby secured shall. become and be <br />immediately due and payable at the option of Beneficiary; provided, however, Beneficiary may <br />waive such option to accelerate if, prior to such sale, transfer or conveyance or contract therefor, <br />Beneficiary and the 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 Beneficiary and that the interest payable <br />on the suans secured by this Deed of Trust shall be at such rate as Beneficiary shall request. <br />THIRD. That as further security for the payment of the Note and the indebtedness <br />thereby evidenced and the performance of all of the terms, covenants and conditions hereof, <br />Truster agrees that Beneficiary shall and does hereby have the right, power and authority during <br />the continuance of this Deed of Tnist to collect the rents, issues and profits of the Property and of <br />any personal property located thereon with or without taking possession of the property affected <br />thereby; and Truster hereby absolutely and unconditionally assigns all such rents, issues and <br />profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and <br />retention of such rents, issues and profits as they accrue and become payable so long as Truster is <br />not at such time in default with respect to payment of any indebtedness secured hereby or in the <br />performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, <br />either in person, by agent, or by receiver to be appointed by a court, without notice and without <br />regard. to the adequacy of any security for the indebtedness hereby secured (a) enter upon and <br />take possession of the Property or any part thereof and in its own name sue for or otherwise <br />collect such rents, issues and profits, including those past due and unpaid, and apply the same, <br />less costs and expenses of operation and collection, including reasonable attorney's fees, upon <br />any indebtedness secured hereby and in such order as Beneficiary may determine; (b) lease the <br />same or any part thereof for such rental, term and upon such conditia~s as Beneficiary's <br />judgment may dictate ar terminate or adjust the terms and conditions of any existing lease or <br />leases. Unless Truster and Beneficiary agree otherwise in writing, any application of rents, issues <br />or profits to any indebtedness secured hereby shall not extend or postpone the due date of the <br />installment payments as provided in the Note or change the amount of such installments. The <br />entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of <br />default hereunder, or invalidate any act done pursuant to such notice. Truster assigns to <br />Beneficiary, as further security for the performance of the indebtedness and obligations secured <br />hereby, all prepaid rents and all moneys which may have been or may hereafter be deposited with <br />Truster by any lessee of the Praperty, to secure the payment of any rent or damages, and upon <br />default in the performance of any of the provisions hereof, Truster agrees to deliver such rents <br />and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights <br />granted by this paragraph THIRD to any tenant occupying the Property or any portion thereof <br />-3- <br />