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201�0906� <br />premises and Property in fee simple, that the same are free from <br />all liens and encumbrances except as may otherwise be specifically <br />noted herein or waived in writing by the Beneficiary; that Trustor <br />will execute or procure any further necessary assurances of title <br />and does hereby warrant generally the title to said Property and <br />will forever defend the same against the claims and demands of a11 <br />persons whomsoever, and that Trustor's separate estate, whether <br />vested, contingent or in expectancy, is hereby conveyed and Trustor <br />does hereby expressly waive, release all rights and benefits of any <br />homestead, dower, curtesy, appraisement, exemption and stay laws of <br />this state. It is agreed that the interest provided for in <br />subsection (g) above shall be at the same rate as specified in the <br />Note secured hereby on the principal thereof after defau�t and <br />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 hereby <br />secured shall become and be immediately due and payable at the <br />option of Beneficiary; provided, however, Beneficiary may waive <br />such option to accelerate if, prior to such sale, transfer or <br />conveyance or con�ract therefor, Beneficiary and the person to whom <br />the property is to be sold or transferred reach an agreement in <br />writing that the credit of such person is satisfactory to Benefi- <br />ciary and that the interest pa�table on the sums secured by this <br />Deed of Trust shall be at such rate as Beneficiary shall 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 />autho�ity during the continuance of this Deed of Trust to collect <br />the rents, issues and profits of the Propert�r 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 become 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 the performance 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 indebtedness <br />hereby secured (a) enter upon and take possession of the Property <br />or any part thereof and in its own name sue for or otherwise <br />collect such rents, issues and profits, including those past due <br />and unpaid, and apply the same, less costs and expenses of <br />operation and collection, including reasonable attorney's fees, <br />upon any indebtedness secured hereby and in such order as Benefi- <br />ciary may determine; (b) lease the same or any part thereof for <br />such rental, term and upon such conditions as Beneficiary's <br />judgment may dictate or termina�e or adjust the terms and condi- <br />tions 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 notice <br />of default hereunder, or invalidate any act done pursuant to such <br />notice. T�ustor assigns to Beneficiary, as further security for <br />the performance of the indebted.ness and obligations secured hereby, <br />all prepaid rents and all moneys which may have been or may <br />hereafter be deposited with Trustor by any lessee of the Property, <br />to secure the payment of any rent or damages, and upon default in <br />the performance of any of the provisions hereof, Trustor agrees to <br />deliver such rents and deposits to Beneficiary. Delivery of <br />written notice of Ben.eficiary's exercise of the rights granted by <br />this parag�aph THIRD to any tenant occupying the Property or any <br />