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201009659
<br />ry; that Trustor will execute or procure any further necessary assurances af
<br />ti�le and do�s hereby warrant generally the title to said Property and will
<br />forever defend the same against the claims and demands of all persans
<br />whomsoever, and that Trustor's separate estate, whe�her vested, contingent or
<br />in �xpectancy, is hereby canveyed and Trustor does hereby expressly waive,
<br />release all rights and benefits of any homestead, dower, curtesy, appraise-
<br />ment, exemption and stay laws of this state. It is ag�eed tha� the inter�st
<br />provid�d for in subsection (g) abnve shall be at the same rate as speci�ied
<br />in th� No�e SEC��Ed hereby on the principal thereof af�er default and
<br />maturi�y.
<br />SECOND. zn the event Trustor, without �he prior writtien consent of
<br />Beneficiary, sha11 s�ll, transfer or convey or contract to sell, transfer or
<br />convey th� Property, or any part thereof or any interest therein, the entire
<br />ba�anc� of the ind�btedness hereby secured shall becom� and be immediately
<br />due and payable at the option of Beneficiary; prov�ded, however, Beneficiary
<br />may waive such option ta acc�lerate if, prior to such sale, transfer or
<br />conveyance or contract ther�for, Beneficiary and th� person to whom the
<br />property is to be sold or transferred reach an agreement in wr�ting �hat the
<br />credi� of such person is satisfactory to Beneficiary and that the inte�est
<br />payable on the sums secured by this De�d of Trust shall be at such rate as
<br />Beneficiary shall request.
<br />THIRD. That as fur�her security for the payment o� the Note and th�
<br />indebtedness thereby evidenced and �he performance of a11 ot the terms,
<br />covenants and conditions hereof, Trustor agrees that Beneficiary shall and
<br />does hereby have the right, power and autharity during tihe continuance o�
<br />this Deed of Trust to collec� �he rents, issues and pro�i�s af the Property
<br />and of any personal proper�y lacated thereon with or without �aking
<br />poss�ssion of the property affected thereby, and Trustor hereby absolutely
<br />and unconditionally assigns all such rents, issues and profits to Beneficia-
<br />ry. Seneficiary, however, h�reby consents �a Trustor's callection and
<br />reten�ion af such rents, issues and profits as they accrue and become payable
<br />so long as Trustor is not at such time in default with respect �o payment of
<br />any indebtedness secured hereby or in th� perfarmance of any agxeemen�
<br />h�reunder. Upon any such default, Beneficiary may at any time, either in
<br />person, by agent, or by receiver to be appointed by a court, withou� notice
<br />and without regaxd to the adequacy af any securi�y for the indebtedness
<br />hereby secured (a) ent�r upon and take possession of the Property or any part
<br />thereof and in its own name sue for or othe�wise collect such r�n�s, issues
<br />and pro�its, including those past due and unpaid, and apply the same, less
<br />casts and expenses of operation and collection, including r�asonable
<br />a�torney�s fees, upon any indebtedness secured hereby and in such order as
<br />Beneficiary may determine; (b) leas� the same or any part thereof far such
<br />rental, term and upon such conditions as seneficiary's judgment may dictate
<br />nr terminate or adjust the terms and canditions ot any existing lease or
<br />leases. Unless Trustor and Beneficiary agree otherwise in writing, any
<br />application of rents, issues or profits to any indebtedness secured hereby
<br />shall not �x�end or postpone the due date of the installment payments as
<br />provided in the Note or change the amount o� such installments. The entering
<br />upon and taking possession of the Property, the collection of such rents,
<br />issues and profits, and the app�icatian thereof as afore�aid, shall not waive
<br />or cure any default or notice of detault her�under, or invalidate any ac�
<br />done pursuan� to such notice. Trustor assigns to Seneficiary, as further
<br />security for the performance of the indebtedness and obligations secured
<br />hereby, all prepaid ren�s and all moneys which may have been or may hereaf�.er
<br />be depasitied with Trustor by any lessee of the Property, �.o secure the
<br />payment of any rent ar damages, and upon de�ault in the perfortnance af any of
<br />th� provisa.ons hereof, Trus�ar agrees �.o deliver such rents and deposits to
<br />Beneficia�y. Delivery af written no�ice of Bez�eficiary's exercise of the
<br />rights granted by this paragraph THIRD to any tenant occupying the Prope�ty
<br />or any portion thereof shall be suffa.cient to require said tenant to pay said
<br />rent to Beneficiary until fur�her notic�.
<br />FOURTH. �f th�re shal]. b� �iled by or against the Trustor any petition
<br />or proceeding �eeking any arrangement or composition or extensian of any
<br />o�her relief under or pursuant to the Federal Bankruptcy Code or any other
<br />similar statu�e as a.s now or hereaf�er in effect, or if the Trustor shall be
<br />adjudicated bankrupt or insolvent ar any of Trustor�s property shall have
<br />been sequestered and such decree shall have continued undischarged and
<br />unstayed tor 90 days after th� entry thereof, then the whol.e of �.he Note and
<br />indebtedness hereby secured shall, withouC natice, at the option af th�
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