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<br />1.19 Liens. To pay and promptly discharge, at Trustor's cost and expense, all liens, tncumbrznces and
<br />charges upon the Trust Estate, or any part thereof or inttrtst thtrtin; provided that the czistenca of-any
<br />mechanic's, laborer's, materiatman's, supplier's or vendor's Tien or right thereto shall not constitute a violation of
<br />this Section if payment is not yet due under the contract which is the foundation thereof and if such contract dots
<br />not postpone payment for more than ~5 days after the performance thereof Trustar shalt have the right to contest
<br />in good-€aith Ehe validity of any such lien, encumbrance or charge, provided Trustar-shaft first deposit with
<br />Beneficiary a bond or other security satisfactory to Beneficiary in such amounts as Beneficiary shall reasoita.bly
<br />require, but not more than one and one-half (I 50%) of the amount of theclaim, and provided further that Trustor
<br />shall thereafter diligently proceed to cause such lien, encumbrance or charge zo be removed and discharged If
<br />Trustor sha{I fai6 to discharge any such lien, encumbrance or charge, then; in addition to any other-right or
<br />remedy of Beneficiary, Beneficiary may, but shalt not be obligated to, discharge the same, either by paying the
<br />amount tlaimed to be due, or by procuring-the discharge of such lien by depositing in courta bond or [tie amount
<br />claimed or otherwise giving security for such claim, or in such manner as is or may brprescribed by-}aw.
<br />l.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 Decd of Trust and-the Note secured hereby for en-
<br />dorsement, and without affecting the personal liability of any person for paymentof-the.indebtednesssecurtd
<br />hereby or the effect of this Deed. of Trust upon the remainder aC 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, (iii) join in granting any
<br />easement thereon, (iv) or fain in any tztension -agreement or any agreement subordinating the-lien or-charge
<br />hereof.
<br />1.21 Beneficiary's Powers. Without affecting the liability of any other parson liable for the payment of any
<br />obligation herein mentioned, and without affecting the lien or charge of this Decd of Trust upon any portion of` ~ ~-
<br />the Property not then or theretofore released as security far the full amount of aibunpaid obligations, Beneficiary:
<br />may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alterany of. - -
<br />the terms of any such obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released-or. - -
<br />rcconveyed at any time at Beneficiary's option any parcel, portion ut all of the Trust Estate, (v) take or release.
<br />any other or additional security for any obligation herein mentioned, or (vi) make compositions or other
<br />arrangements with debtors in relation thereto. ~ - -
<br />1.22 Financial Statements. Trustor will cause to be delivered to Beneficiary as soap as practicable, but in
<br />any event within 120 days after the close of each operating year of Trustor, a statement of condition or balance -
<br />shcet of Trustor as at the end of such operating year, all certified as to accuracy by an independent certified
<br />oublic accountant ar reprastntative of Trustar acceptable :o Beneficiary, and an annual operating statement
<br />showing in reasonable dttail all income and expenses of Trustor with respect to the operation of the Trust Estate
<br />prepared by Trustor and certified as to accuracy by an independent certified public accountant or officer of
<br />Trustor acceptable to Bencfciary.
<br />l.23 Tradtnames. At the request of Bcneticiary, Trustar shall execute a cenificate in firm satisfacmry to
<br />Btneficiary listing the Frae7enames un~'er which Trustor intends to operate thc'Frust Estate, and representing and
<br />warranting that Trustar dais buss.^.ess t:rder ::o ether tradenames with aspect to the Tru_ st Gsrate. Trustar shalt
<br />immediately notify Beneficiary in writing of any change in said tradenantes, and :vil1, open request of
<br />Bene.:ciary, e&ccutc arty as'uditir~nal Financing s-aiement-s and n__.__ ccrtiiicatts rtwised to r-"_~itct the ch~ng€ in
<br />rradtnamc.
<br />AKTICLE [I
<br />ASSIGNMENT OF KEN fS, {S$UES AND PROFI"f$
<br />2,01 As;ignmrn[_of_Rents. Trustor hereby assigns and transfers to Btneficiary all the trots, issues and
<br />profits of the Trust Estate, and hereby gives ro and confers upon Beneficiary the right, power and authority to
<br />collect such rents, issues and profits. Trustor irrevocably appoints beneficiary rts true and lawful attorney-in-fact,
<br />at the option of Btneficiary at any timt and lento timz to time, to drrrtund, receive and cocotte payment, to give
<br />receipts, releases mad satisfactions, and to sue, in the name ~+f T'rustor or Btnefrciary, for al! such trots, issues and
<br />profits aad apply the same to the indebtedness secured hereby; provided, huwtvrr, that Trustor shall have the
<br />right to cutlet[ such rents, issues and pn>fits (hut nut mutt than tsvo months in advance) prior to ur at any time
<br />there is oat an event of default under any of the Loan instrua+enu. The assignment of the rents, issues and profits
<br />of ehc Trust Estate in this Article 11 is intended to bean mhsuluta ass+gnrnent frc+m Trustor to Brntftetary and not
<br />merely the passing of a securit} interest. 'the rents, issues and profits sec lscreby assigned absolutely by Trwtor to
<br />Btncfrciary contingent only upon the occurrence of an cveni of dttauh wider any of the Loan Instruments.
<br />2.02 Coltccticn Upon Default_ Upc,n any event +,>f default under any ut tt:e !-oan Instruments, t3eneftciary
<br />ar. 7 nt any t car witlrant nn+iee ether to perwn, by gent rr by a rcriv<r app,+int-d by a court, and without
<br />regard to rho adtgw:r:y ~f ay sex tity r r t±:r ::rdrbtr.iar-s t rob} -r. a-rd r,ter up n - nd take posstsstc r .t the
<br />Truss estate ar any part tharcuf in its own name sue for ur .thuwise collect such rents, issues and prchts, in- '
<br />eluding those past dot artd tmpard, and apply the same, less rusts and expenses of operation and collection, in- -
<br />cluding attorneys' fees, upon any indebtedness secured hereby, and in wch order as Beneficiary may determine.
<br />The collection of such rents, issues and profits, ur the entering upon .end taking poasessiun of the Trust Estate, or
<br />the application thereat as aforesaid, ahail oat cure or waive any default or nutlet of default hereunder s:r m-
<br />vatidate any act done in response to such default ur pursuant to such notice of default.
<br />ARTICI:E Itt
<br />SECURIi'Y AGREF.MEN`f
<br />3.01 Creation of Sacurity_Interest. Trustor htrrby grants to Beneficiarp a stonily interest in the Personal
<br />Property lacaied an or at the Property, including without limitation :u+}' and al! properly of siatilar type or 'surd
<br />hereafter locaicd an ur at the Pmpert}- far the putpvse of securing all obligations of frusurr contoured in .uty of
<br />rite t,c,an Insuumtnts.
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