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201004733
<br />Trustor is iawfully seized of said premises and Property in fee simple,
<br />that the soma are free from a17. liens and encumbrances except as may
<br />otherwise kae specifically noted hereir. or waived in writing by the
<br />Beneficiary; that Trustor 6~till execute or procure any further necessary
<br />assurances of title and does hereby warrant generally the title tc said
<br />Property ar.,ci will forever defend the same against the claims anti demands
<br /><~f all persons whomsoever, and that Tru.star's separate, estate, whether
<br />vesY.ed, cantinaent ar in expectancy, is hereE~y conveyed and Tru.star does
<br />hereby e;spressly waive, release. all rights and benefit.; cf any homestead,
<br />dower, cu.rtesy, appraisement, exemption and stay :news cf this sr_ate. It
<br />is agreed that the interest pxavicied far in subsection ;g} above shall be
<br />at the same rate gas spec.ifiad in the Nate secured hereby on the prinr..ipa1.
<br />thereof after default and maturity-
<br />SECOND, In the event Trustor, w7,.thotzt the prior wr,tten consent o:f
<br />Benefic:ia.ry, shall se.l, transfer or. convey ar cantrac:t to sell, transf~ar
<br />ar convey the Pr-oparty, or any part thereof or ,:zny :i.nterest therein, the
<br />eant.ire balanee of the indebtedness hercYay secured shall became and be
<br />immediately due and payable at the q~:tion af_ Henefi,ciasya provided,
<br />however, Berzhficlary may waive such option. to accelerate if, prior to such.
<br />sale, transfer. or conveyance ar contract therefor, Beneficiary and the
<br />perscln to wham the property is to be sold ar transferred reach. an
<br />agreernr~nt in writing that the credit of such person is satisfactory to
<br />Beneficiary and t~h.at the interest payable on tYze crams secured by this heed
<br />of Txust shall be at such rate as Beneficiary sha11 request.
<br />TH?'RD. That as further security for the payment of the Nnte and. the
<br />indebtedness thereFay evidenced and the performance of a.l.l ai= r_he terms,
<br />covenants and aand;.tions hereof, Trustor agrees kFtat Senefi.ciary sha1.1_ and.
<br />does tzerE.by kzrrve the right, power: and au,thari.ty during the cantinuanre c*
<br />this Dead of Trust to callwct the rents, issues and profits of the
<br />iroperty and of any personal property located thereto w7.th ar.. wit_h.aut
<br />taking possession of the property affected thereby; and Trustor hereby
<br />absolutely anal unconditionally assigns all such rents, issues and profits
<br />tc Beneficiary- Beneficiary, however, hereby consents to Trustcz-'s
<br />rallecticrr and retention. of such rents, issues and profits as they accrue
<br />and became payable so long as Trustor is not at such time in default. with
<br />respect to payr;ent. of a.n}r indebtedness secured hereby or ir_ t11e
<br />perfn;-ztrance of any agreement hereunder. Upon arty sucFL default,
<br />Benefici~~r.y may at any time, either in person, by agent, ar, by receiver to
<br />be appoa.nted Fay a court, without n~atir_e and wit:^.oat regard to t:he adeyuaay
<br />of any security. `cr t;ae lydebtednesa hereby secured (a) carter upon and
<br />take pass~vssiar. of thc~ Property cr any part. thereof and in i.ts awn Warne
<br />sue for or otherwise r'allect such rents, issues and profits, including
<br />those past due and. unpaid., and apply the lama, less costs and expenses of
<br />operation anti rollecti.on, including reasonable attorney's fees, upon any
<br />indebtedness secured herelay and in saran order as Beneficiary may
<br />determine; ib) lease the same or any part thereof far such .rental, term
<br />and apron such conditions as Beneficiary's judgment may dictate or
<br />tc^rminatP ar adjust the terms and aonditians of az:y existing lease or
<br />leases. Unless Trustor and Beneficiary agree otherwise in writing, any
<br />appl.icat.i.on of :ants, issues ar profits to any indebtedness secured .hereby
<br />shall not extend or pgstpane the due date cf tTit~ installment payments as
<br />provided in the Note a.t change the amount of such installments. The.
<br />ent:erine~ upon arzd taking possession of the Property, the co1.1.2rtion oi:
<br />such rents, issues and profits, and the application thereon as aforesaid,
<br />shall not waive ar cure any default ar notice of default hereunder, ar
<br />invaizdate any act done pursuant to such notice. Trustor assigns to
<br />Beneficiary, Rs further security Lor the performance of the indebtedness
<br />and obligations seourad ~~ereby, all prepaid rents and all moneys which Wray
<br />have berm or may hereafter be deposited with Trustor by any lessee of the
<br />Property, to secure the payment of cry rent or damages, and upon default
<br />in the performanee of any of th? provisions hereof, Trustor agrees to
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