Article III. Remedies of Beneficiary.
<br /> 3 .1 Acceleration of Contract. If an Event of Default shall
<br /> have occurred, then the principal portion of any remaining
<br /> Installment Payments (as defined in the Contract) shall, at the
<br /> option of the Beneficiary, become at once due and payable,
<br /> regardless of the maturity date thereof.
<br /> 3 .2 Right to Enter and Take Possession. Upon the occurrence
<br /> and continuation of an Event of Default, the Beneficiary or the
<br /> Trustee: (a) shall have the right (but not the obligation) to enter
<br /> upon the aforementioned Property to such extent and as often as the
<br /> Trustee or the Beneficiary, in either the Trustee' s or the
<br /> Beneficiary's sole discretion, as the case may be, deems necessary
<br /> or desirable in order to cure any default by the Grantor; (b) may,
<br /> to the extent permitted by law, take possession of all or any part
<br /> of the Property together with the books, papers and accounts of the
<br /> Grantor pertaining thereto and may hold, operate and manage the
<br /> same, and from time to time make all needful repairs and
<br /> replacements as shall be deemed expedient by the Trustee or the
<br /> Beneficiary, as the case may be; (c) may, subject to the rights of
<br /> tenants, modify or cancel any lease of the Property and may lease
<br /> the Property or any part thereof for such periods of time and upon
<br /> such terms and conditions as the Trustee or the Beneficiary, as the
<br /> case may be, may, in either of their reasonable discretion, deem
<br /> proper, in the name of and for the account of the Grantor, and
<br /> collect, receive and request the Rents, and out of the same and
<br /> from any money received from any receiver or any part thereof pay,
<br /> and set up proper' reserves for the payment of, all proper costs and
<br /> expenses of so taking, holding and managing the same, including
<br /> reasonable compensation to the Trustee or the Beneficiary, their or
<br /> its agents and counsel, and any charges of the Trustee or the
<br /> Beneficiary hereunder, as the case may be, and any taxes and
<br /> assessments and other charges prior to the lien of this Deed of
<br /> Trust that the Trustee or the Beneficiary, as the case may be, may
<br /> deem it proper to pay, and all expenses of such repairs and
<br /> replacements, and apply the remainder of the money so received in
<br /> accordance with the provisions of Section 3 .8 hereof; and (d) may
<br /> enforce, enjoin and restrain the violation of any of the terms and
<br /> conditions of any leases of the Property in effect at such time.
<br /> 3 .3 Appointment of Receiver. The Beneficiary and the Trustee
<br /> shall have the right, to the extent permitted by law, after the
<br /> occurrence of an Event of Default, to the appointment of a receiver
<br /> to collect the Rents from the Property without consideration of the
<br /> value of the Property or the solvency of any person liable for the
<br /> payment of the amounts then owing, and all amounts collected by the
<br /> receiver shall, after expenses of the receivership, be applied in
<br /> accordance with the provisions of Section 3 .8 hereof, and the
<br /> Trustee or the Beneficiary, at either the Trustee' s or the
<br /> Beneficiary' s option, in lieu of an appointment of a receiver,
<br /> shall have the right to do the same. If a receiver should be
<br /> 8
<br />
|