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<br />1.19 Liens. To pay and promptly discharge, at Trustee's cost and expense, all liens, encumbrances and <br />charges upon the Trust Estate, or any part thereof or interest tncrein; provided that the existence of any <br />mechanic's, (sharers, materialman's, supplier's or vendor's lien or right thereto ;hall not constitute a violation of <br />this Section if payment is not ye[ due under the contract which is the foundation thereof and if suckcnntract does <br />not pasipone payment for more than 35 days after the performance titercaf. Trustor shall have the-right to contest <br />in good faith the validity of any such lien, encumbrance or charge, provided Trustor shalt lint deposit with <br />Benefieiary a bond or other security satisfactory to Beneficiary irz such amounts as Beneficiary shall reasonably _ <br />require, but not mare than one and one-half (150%) of the amount of the claim, and provided further that Trustor ' , <br />shalt thereafter diligently proceed to cause such lien, encumbrance or charge to be remoued and discharged. If <br />Trustor shall fail to discharge any such lien- encurnbrance or charge, then, in addition to any other right or -- <br />remedy of Beneficiary, Beneficiary may, but shall nut be obligated to, discharge the same, either by paying the <br />amount claimed to be due, er by procuring the discharge of such lien by depositing in court a bond or the amount <br />claimed ar otherwise giving security for such claim, or in such manner as is or may he prescribed by law. <br />1.20 Trustee's Powers. At any time, or from time to time, without liability therefor and without notice, <br />upon written request of Beneficiary and presentation of this Deed of Trust and the Note secured hereby for en- <br />dorsement, and without affecting the personal liability of any person for payment of t'.:e indebtedness secured <br />hereby or the affect of this Deed of Trust upon the remainder of said Trust Estate, Trustee may (i) reconvey any <br />part of said Trust Estate, (ii) consent in writing to the making of any map or plat thereof, (lit) join in granting any <br />easement thereon, (iv} or join in any exiensian agreement or any agreement subordinating the lien ar charge <br />heroof. <br />t.21 Beneficiary's Powers, without affecting the liability of any other person !labia for the payment of any <br />obligation herein mentioned, and without affecting the lien ur charge of this Deed of Trust upon any portion of <br />the Property not then or theretofore released as security for the full amount of all unpaid obligations, Beneficiary <br />may, from time to time and without notice (i) release any person su liable, fill extend the maturity or alter any of <br />the fe~rms of any such chligation, (iii? grant other ia.,ulgtaces, (iv) release 'r recenvey, or cause to be released er <br />reconveyed at any time at Beneficiary's option any parcel, portion or all of the Trust Estate, (v) take or release <br />any other ur additional security for any obligation herein mentioned, ar (vt) make compositions ur other <br />arrangements with debtors in relation thereto. <br />1.22 Financial Statements. Trustor will cause to be delivered m Beneficiary as soon ae practicable, but in <br />any event within ;20 days after the close of each operating year of Trustor, a statement of condition or balance <br />sheet of Trustor as at the end of such operating year, all certified as ::, accuracy by an independent certified <br />public accountant or representative of Trustor acceptable to Benetciary, and an annual operating statement <br />showing in reasonable detail ai! income and expenses of'Prustor with respect to the operation of the Trust Estate <br />prepared by Trustor and certified as ur accuracy 6y an independent certified public accountant or officer of <br />Trtutor acceptable to Beneficiary. ' <br />I.Z3 Tradenames. At th? request of Bzneficiaey, Trustor .hall ezecu:r a ccrirficatr in form satisfactory to <br />8tnefieiary listing the tradtnamts under which Trustor iurends to ,operate the 4-rust Esune, cmd representing and <br />warranting that Trustor does husintss under nn other trailenamzs with rzsk,r~[ t,: [n+ .rust €:state. Trustor shalt <br />imnaediaEely t[utify Beneficiary in wri[inE .,f any change ,,, ;aid _,.idenames, and .., upon request of <br />Iaentficiary, execute auy additional tiranc:rg statements and tithes c~ rt,ficates revised t.. -eriect [he change in <br />tradename. <br />AR'i-ICLF l1 <br />4SSIGNMENI' C)F RENTS. tSSI!ES AND PROFIT'S <br />2.01 Assi~nm_tnt of Rents. Trusu,r hereby assigns and transfers u> Beneficiary all the rents, issues and <br />profits of the Trust Estate, and hereby gives to and canters upon Beneficiary the right, power and authority to <br />collect such rents, issues and profits. Truster irrtvucably appuous Beneficiary its true and lawful atnrrnty-in-fact, <br />at the option of Beneficiary at am time and from time to hint, to demand, recerye and enforce payment, to grvr <br />receipts, releases and satisfactruns. and to sue. m ihr name of Trus[ur or Beneficiary, fur ail such rents, issues and <br />profits and apply the same is the indebtedness secured hereby, pri,vidtd, howevrr, that Trustor shall have the <br />right to collect such rents- issues and profits (hut nut more than two muatlts ii[ advance) prior to ur ai any trine <br />there is not an turn[ of default under any of the Loan Insttumrnts. -the assignment of the rents, issues and profiU <br />of the Trust Estate in this Arxrcle ii is attended to be an absolute assignment from l'rustur to Beneficiary and not <br />inertly the passing of a :security interest. The rents, issues and prutits are hereby assigned absolutely by Trustor to <br />Beneficiary contingent only upon the crccurrencc of an event of default under oar of the Laan lnxtruntcnts. <br />2.02 Collection Upun Default. tvipou any event of default under any of the Lunn instruments, Beneficiary <br />may, at any time without nutlet, either :n person, by agent er by a receiver appum[rd by a court, and without <br />regani to the adequacy ai any security fur the rnur'rtrdness hereby secured, enter upon and take possession of the <br />Trta4t Estate, or any part thereof, in t;s own name sue fur or rthtiwise «iilect such rests, issues and prutits, in- <br />cluding those past dot and unpaid, and apply the saint, less costs and expenses of optratran and cnllectton, in- <br />ctttding attorneys' fits, upon any tndtbtedness secured hereby, anti in such order as Benrf~ciary rosy dettrmtne. <br />The cultection of such rents, issues soil profits, ar the entering upon and taking pussessum of the Trust Estate, ur <br />the application thereof as aforesaid, shall not aura ur waive any default ur nuuct of default htceuudtr ire in- <br />validate any act door in response to such default of pursuant to such notice ui default <br />4RTtCf-E Ili <br />~ECtiRITY AGREEMENT <br />3.U1 Creation of Security :ntertst. Trust ~r hereby grants to Bencticraty a security interest :n the Ptrs+rna! <br />Rroperty located un ur a[ the Property, v[duding with.~ut trmitauon any and ail pruperh~ ,+t similar type u+ kind <br />hdirtafter iut:ated un ur at the Property fur the purpose of ucurinK alt obligations ut Trustor ~~,ntaine.l ,n any ~>t <br />the is+an Instrumtn[s. <br />