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�01iQ360� <br />all liens and encumbrances except as may otherwise be specifically <br />noted herein or waived in writing by the Beneficiary; that <br />Trustor will execute or procure any further necessary assurances <br />of title and does hereby warrant generally the title to said <br />Property and will forever defend the same against the claims and <br />demands of all persons whomsoever, and that Trustor'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 of any homestead, dower, courtesy, <br />appraisement, exemption and stay laws of this state. It is agreed <br />that the interest provided for in subsection (g) above shall be at <br />the same rate as specified in the Note secured hereby on the <br />principal thereof after default and maturity. <br />SECOND: In the event Trustor, without the prior written <br />consent of Beneficiary shall sell, transfer or convey or contract <br />to sell, transfer or convey 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 option of Beneficiary; provided, however, Beneficiary may <br />waive such option to accelerate if, prior to such sale, transfer <br />or conveyance or contract therefore, Beneficiary and the person to <br />whom the property is to be sold or transferred reach an agreement <br />in writing that the credit of such person is satisfactory to <br />Beneficiary and that the interest payable on the sums secured by <br />this Deed of Trust shall be at such rate as Beneficiary shall <br />request. <br />THIRD: That as further security for the payment of the Note <br />and the indebtedness thereby evidenced and the performance of all <br />of the terms, covenants and conditions hereof, Trustor agrees that <br />Beneficiary shall and does hereby have the right, power and <br />authority during the continuance of this Deed of Trust to collect <br />the rents, issues and profits of the Property and of any personal <br />property located thereon with or without taking possession of the <br />property affected thereby; and Trustor hereby absolutely and <br />unconditionally assigns all such rents, issues and profits to <br />Beneficiary. Beneficiary, however, hereby consents to Trustor's <br />collection and retention of such rents, issues and profits as they <br />accrue and payable so lonq as Trustor is not at such time in <br />default with respect to payment of any indebtedness secured hereby <br />or in the pertormance of any agreement hereunder. Upon any such <br />default, Beneficiary may at any time, either in person, by agent, <br />or by receiver to be appointed by a court without notice and <br />without regard to the adequacy of any security for the <br />indebtedness hereby secured (a) enter upon and take possession of <br />the Property or any part thereof and in its own name sue for or <br />otherwise collect such rents, issues and profits, including those <br />past due and unpaid, and apply the same, less costs and expenses <br />of operation and collection, including reasonable attorney's fees, <br />upon any indebtedness secured hereby and in such order as <br />Beneficiary may determine; (b) lease the same or any part thereof <br />for such rental, term and upon such conditions as Beneficiary's <br />judgment may dictate or terminate or adjust the terms and <br />conditions of any existing lease or leases. Unless Trustor and <br />Beneficiary agree otherwise in writing, any application of rents, <br />issues or profits to any indebtedness secured hereby shall not <br />extend or postpone the due date of the installment payments as <br />provided in the Note or change the amount of such installments. <br />The entering upon and taking possession of the Property, the <br />collection of such rents, issues and profits, and the application <br />thereof as aforesaid, shall not waive or cure any default or <br />notice of default hereunder, or invalidate any act done pursuant <br />to such notice. Trustor assigns to Beneficiary, as further <br />security for the performance of the indebtedness and obligations <br />secured hereby, all prepaid rents and all moneys which may have <br />been or may hereafter be deposited with Trustor by any lessee of <br />the Property, to secure the payment of any rent or damages, and <br />upon default in the performance of any of the provisions hereof, <br />0 <br />