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<br />201009285
<br />THIRD. Tha� as further securi�y for the payment of the Note and the
<br />indebtedness th�reby evidenced and the pex'farmance of all of the terms,
<br />covenants and canditions hereof, Trustor agr�es that Beneficiary shall and
<br />does hereby have the right, pow�r and authority during �he continuance of
<br />this Deed of Trust to callect the rents, issues and profits of the Proper�y
<br />and of any personal proper�.y �ocated thereon with or without taking
<br />possession of the property a�fected thereby; and Trustor hereby absolutely
<br />and unconditionally assigns all such rents, issues and profits to B�neficia-
<br />ry. Ben�ficiary, however, hereby consent� to Trustar's collectian and
<br />r��entiori ot such rents, issues and profits as they accrue and become payable
<br />so long as Trustor is n.ot at �uch time i.n default with respect ta payment af
<br />any indebtedness secur�d hereby �r in the performance of any agreement
<br />hereunder. Upon any such default, Beneficiary may at any time, either in
<br />person, by agent, or by recei.ver �o be appainted by a court, without notice
<br />and without regard �.a the adequacy of any security tor th� indebtedness
<br />hereby s�cured (a) enter upon and take possession of the Proper�y or any part
<br />thereof and in its own name sue for or otherwise COZ��Ct such rents, issues
<br />and profi�s, including those past due and unpaid, and apply the same, less
<br />casts and expenses of operation and coll.ec�ion, including reasanable
<br />attarney's fees, upon any indebtedness secured hereby and in such order as
<br />Beneficiary may determine; (b) lease �.he same or any part thereaf for such
<br />rental, term and upan such con.ditions as Beneficiary's judgment may dictate
<br />or terminate or adjust the �erms and conditions of any existing lease or
<br />leases. Unless Trustor and Beneficiary agree otherwise in writing, any
<br />application of ren�s, issues or profits to any indebtedn�ss secured hereby
<br />shall not extend ar postpone the due date of the installment payments as
<br />pro�rided in the Nate or change the amount of such installments. Th� entering
<br />upon and taking passession of th� Property, the collection of such rents,
<br />issues and profits, and �he applica�ion thereaf as a.foresaid, shall not waive
<br />or cure any default or notice of default hereunder, or inva�idate any act
<br />done pursuant to such notice. Trustor assigns to Beneficiary, as further
<br />security for the performance af the ind�b�edness and obligations secured
<br />hereby, all prepaid rents and all moneys which may have been or may hereaft�r
<br />be deposited with Trustor by any lessee of the Property, to secure the
<br />payment of any rent or damages, and upan default in �.he performance af any af
<br />the provisions hereof, Trus�.or agrees to deliver such rents and deposits ta
<br />Beneficia�y, Delivery of �,vritten notice of Berieficiary's exercise of the
<br />rights granted by this paxagraph TH�RD to any tenant accupying the Prope�ty
<br />or any portion thereaf shal.l b� sufficient to require said tenant to pay said
<br />rent ta Beneficiary until further notice.
<br />FOURTH. If �.here shall be fil.ed by or against the Trustor any petition
<br />or praceeding seeking an.y arrangemen� Q� compasition or ex�ension of any
<br />o�her relief under or pursuant to �.he Federal Bankruptcy Code or any a�he�
<br />similar s�atute as is now or hereafter in e�fect, or i� �he Trustor shall be
<br />adjudica�ed bankrupt or insolvent or any of Trustor's property sha11 have
<br />been s�questered and such decree shall have con�inued undischarged and
<br />unstayed for 90 days after th� entry thereaf, then the whole of �.he Note and
<br />indebtedness hereby secured shall, withou�. natice, a� the option of th�
<br />Beneficiary, become due and payable.
<br />FIFTH. Upon d�fault by Trustor in the payment of or performance of the
<br />terms and conditians of the Nate, or any renewals, modifications or
<br />executions thereat, �he paymen� of any ather indebtedness secured hereby or
<br />in the performance �f any agreement, covenant or warranty herein con�ained or
<br />set for�h in any agreement ar instrument execu�ed by Trustor in corinection
<br />with the indebtedn�ss hereby secured, Beneficiary may declare all sums
<br />secured h�reby immediately due and payable and the same shall thereupon.
<br />become due and payabl� withaut presentmen�., demand, protest or notice of any
<br />kind. Thex'ea�ter, Beneficia�y may del.iver �o Trustee a written declaration
<br />af de�ault and demand for sale. Trustee shall have the power of sale o� the
<br />Prop�r�y and if Beneficiary decid�s the Property is �o be sold, it shall
<br />deposi�. with Trustee this Deed of Trust and �.he Note or notes and any other
<br />documents evidencing expenditures secured hereby, and shal]. deliver to
<br />Trustee a writt�n notice of default and election ta caus� �.he Property to be
<br />sold, and Trustee, in turn, shal.l prepare a simila�' rzotice in �he form
<br />required by law, which shall be duly filed for record by Trus�ee.
<br />(a) After the lapse of such time as may be required by law following
<br />the recordation of Notice of Detault, and not�.ce af Default and Notice
<br />of Sale having been given as required by law, Trustee, without demand on
<br />Trustor, shall sell the Property hereinb�fore described, and any and
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