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�oious�99 <br />in full or in part at the option o� the Beneficiary in reduction <br />of the indebtedness hereby secured; (j) that �he Beneficiary <br />shall have the right to inspect the Property at such reasonable <br />times as the Beneficiary may desire �a determine Trustor's <br />compliance with the covenants cantained in this Deed of Trust; <br />(k) that the Beneficiary may release from the lien herenf any part <br />or parcel of the Property without requiring any consideration <br />therefore, and (1) that Trustor is lawfully seized af said <br />premises and Property in fee simple, that the same are free from <br />al1 liens and encumbrances exc�pt as may otherwise be speci�ically <br />noted herein ar waived in writing by the Beneficiary; that <br />Trustor will execute or procure any �urther necessary assurances <br />of titl� and does hereby warrant qenerally the title to said <br />Property and will forever defend th� same against the claims and <br />demands of a11 persons whomsoever, and that Trust�r's separate <br />estate, whether vested, contingent or in expectancy, is hereby <br />conveyed and Trustor does hereby expressly waive, release all <br />rights and benefits af any homestead, dower, courtesy, <br />appraisement, exempti.on and s�ay laws af this state. It is agreed <br />that the interes� provided tor in subsection (g) above shall be at <br />th� same rate as specified in the Note secured hereby on the <br />principal ther�of a�ter default and maturi�y. <br />SECOND: Zn the event Trus�or, without the prior writt�n <br />consent ot Beneficiary shall se11, transfer or convey or contract <br />to sel�., transfer or canvey the Property, or any part thereof or <br />any interest therein, the entire balance of the indebtedness <br />hereby secured shall become and be immediately due and payable at <br />the aption of Beneficiary; provided, however, Beneficiary may <br />waive such option �o accelerate if, prior to such sale, transfer <br />or conveyance or contract therefore, Beneficiary and �he person to <br />wh�m the property is to be so1.d or transferr�d reach an agreement <br />in writing that the credit of such person is sa�isfactory to <br />Benef.iciary and that the interest payable on the sums secured by <br />this Deed of Trust shall be a� such rate as Beneficiary shall <br />request. <br />THTRD: That as further s�curity far the payment of �he Note <br />and the indebtedness thereby evidenced and the performance of a11 <br />af the terms, cavenants and conditions hereof, Trustor agrees that <br />Beneficiary shall and does hereby have the right, power and <br />authority during the con�inuance of this Deed of Trust to collec� <br />th� rents, issues and profits of �he Frop�rty and of any personal <br />property located thereon w.�th or without taking possession af the <br />property affected thereby; and Trustor hereby absolutely and <br />uncondi�ionally assigns all such rents, issues and profi�s to <br />Beneficiary. Bene£iciary, however, hereby consents to Trustor's <br />collection and retention of such rents, issues and profits as they <br />accrue and payable so long as Trustor is not at such time in <br />default with respect to payment of any indebtedness secured hereby <br />or in th� performance of any agreement hereunder. Upon any such <br />default, Beneficiary may at any tim�, either in person, by agent, <br />or by r�ceiver �o be appointed by a court without notice and <br />without regard �o the adequacy of any security for the <br />indebtedness hereby secured (a) enter upon and take p�ssession of <br />the Praperty or any paart thereof and in its own name sue for or <br />otherwise collect such ren�s, issues and pro�its, including thase <br />past due and unpaid, and apply the same, less costs and expenses <br />of ape�ation and callection, including reasonable attorney's f�es, <br />upon any indebtedness secured hereby and in such arder as <br />Beneficiary may determine; (b) lease the same or any part thereaf <br />tor such ren�al, term and upon such conditians as Beneficiary's <br />judgment may dic�ate or terminate or adjust the terms and <br />canditions of any existing lease or l�ases. Unless Trustor and <br />Beneficiary agree otherwise in wr�.ting, any application of r�nts, <br />issues or profits to any indebtedness secured hereby shall not <br />ex�end or postpone the due date of the installment payments as <br />provided in the Note or chang� the amaunt of such installments. <br />The en�.ering upon and taking possession of the Propex'ty, the <br />4 <br />