<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 />
|