2�ioo�52i
<br />sold or transferred reach an agreement in writing that the credit of such person is satisfactory to Beneficiary
<br />and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary
<br />shall request.
<br />THIRD: That as further security for the payment �f the Note and the indebtedness thereby evidenced
<br />and the performance of all of the terms, covenants and conditions hereof, Trustor agrees that Beneficiary
<br />shall and does hereby have the right, pawer and authority during the continuance of this Deed of Trust to
<br />collect the rents, issues and profits of the 1'roperty and of any personal property located thereon with or
<br />withaut taking possession of the property affected thereby; and Trustor hereby absolutely and
<br />unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby
<br />consents ta Trustor's collection and retention of such rents, issues and profits as they accrue and become
<br />payable sa long as trustor is not at such time in default with respect to payment of any indebtedness secured
<br />hereby or in the performance of any agreement hereunder. Upon any such default, Bene�ciazy may at any
<br />time, either in person, by agent, or by receiver to be appainted by a court without notice and without regard
<br />to the adequacy of any security for the indebtedness hereby secured (a) enter upon and take passession af
<br />the Froperty or any part thereof and in its own name sue for or otherwise collect such rents, issues and
<br />profits, including those past due and unpaid, aa�d apply the same, less costs and expenses of operation and
<br />collection, including reasonable attorney's fees, upon ar�y indebtedness secured hereby and in such order as
<br />Beneficiary may determine; (b) lease the same or any part thereof far such rental, term and upon such
<br />conditions as Beneficiary's judgment may dictate or terminate or adjust the terms and canditians of any
<br />existing lease or leases. Unless Trustor and Bene�ciary agree atherwise in writing, any application of rents,
<br />issues or prafits ta any indebtedness secu.red h�reby shall not extend or postpone the due date af the
<br />installment payments as provided in the Note or change the amount of such installments. The entering upon
<br />and taking possession of the Fraperty, the collection of such rents, issues and profits, and the application
<br />thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate any act
<br />done pursuant to such notice. Trustar assigns ta Beneficiary, as further security for the performance of the
<br />indebtedness and obligations secured hereby, all prepaid rents and all moneys which may have been or may
<br />hereafter be deposited with Trustor by ariy lesse� of the Property, to secure the payment of any rent or
<br />damages, and upon default in the performance of any of the pravisivns hereof, Trustor agrees to deliver such
<br />r�nts and deposits to Beneficiazy. Delivery of written notice of Beneficiary's exercise of the rights granted
<br />by this paragraph THIRD to any tenant occupying the Property or any portion th�reof shall be sufficient to
<br />require said tenant to pay said rent to B�neficiary until further notice.
<br />FOURTH: If there shall be �iled by or against the Trustor any petition or proceeding seeking any
<br />arrangement or composition or extension of any other relief ur�der or pursuant to the �'ederal Bankruptcy
<br />Code or any other similaz statute as is now or hereafter in effect, or if the trustar shall b� adjudicated
<br />bankrupt or insolvent or any af Trustar's praperty shall have been sequestered and such decree shall have
<br />continued undischarged and unstayed for ninety (90) days after the entry thereof, then the whole of the Note
<br />and indebtedness hereby secured shall, without natice, at the option of the Beneficiary become due and
<br />payable.
<br />FIFTH: Upon default by Trustor in the payrnent of or performance of the terms and conditions of
<br />the Note, or any renewals, modifications or executions thereof, the payment af any other indebtedness
<br />secured hereby ar in the performarice of any agreement, covenant ar warranty herein contained or set forth
<br />in any agreement or instrument executed by Tntstor in connection with the indebtedness hereby secured,
<br />Beneficiary rnay declare all sums secured hereby immediately due and payable and the same shall thereupon
<br />become due and payable without presentment demand, protest or notice of any kind. Thereafter, Beneficiary
<br />may deliver ta Trustee a written declazation of default and demand for sale. Trustee shall have the power
<br />of sale of the Property and if Bene�'iciary decides the Property is to be sold, it shall deposit with Trustee this
<br />Deed af trust ar�d the Nate nx notes and any other documents evidencing expenditures secured hereby, and
<br />shall deliver to Trustee a written notice of default and election to cause the Property to be sold, and Trustee,
<br />in turn, shall prepare a similar natice in the form required by law, which shall be duly filed for record by
<br />Trustee,
<br />(a) After the lapse of such time as may be required by law following the recordation of Notice of
<br />Default, and Notice of Default and Notice af Sale having been given as required by law, Trustee, without
<br />demand on Trustar, shall sell the Property hereinbefore described, and any and every part thereof, in separate
<br />parcels or en masse as the Trustee may elect and in such order as trustee may determine on the date and at
<br />the time and place designated in said Notice of Sale, at public auction to the highest bidder, the purchase
<br />price payable in cash in lawful rnaney of the United States at the tirne of sale. The person conducting the
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