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<br /> � interest thereon, shall constituts additional Obligation� secured by this Deed af Trust. �"`�`�~`'�`
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<br /> � ;„.,.�rR► �seneficiary is hereby given an irrevucaole pc,wcr uf atturney (which paw�r is caupled with ��=�'
<br />_ •��- � an interest for purposes af security) to enter upon th�e Trust Property as the Trustar's agent `'�=��
<br /> and in the Trustor's name to perform any and all covenants and agreements to be �'
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<br /> � performed by the Trustor as herein provided. Unless Trusror and Beneficiary agree to �`�'-�—��
<br /> other terms of payment, such amounts shal l be payable upon notice from Beneficiary to --
<br /> Trustor requesting payment thereof. and shall bear interest from the date of disbursement -
<br /> or the date incuned at the default rate set forth in the Note. unless payment of interest at �
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<br /> such rate would be contrary to applicable law, in which event such amounts shall bear -
<br /> interest at th�highest rate permitted by applic;ible law. Nothing contained in this paragraph '�'-`__
<br /> shall require Benefieiary to incur any expense or take any action hereunder. Beneficiary ��:-
<br /> � shall, at its option. be subrogated to any encumbrance, lien,claim or demand and to all �Y
<br /> rights and securities for the payment thereof paid or discharged by Beneficiary under the �'''
<br /> provisions hexeof and any such subrogation rights shall be additional and cumulative �:-
<br /> securiry for this Deed of Trust. --
<br /> ' 11.Condemnadon. Subject to the terms of the Lease, the proceeds of any awazd or payment �"
<br /> ,,+ or claim for damages, direct or consequential. in connection with any condemnation or `"'-
<br /> "�� other takin�of the Trust Property, or any part thereof, either te=ngvrazily or permanendy, _
<br />_ or for conv�yance in lieu of or in anticipation of condemnation,are hereby assigned to and _
<br />- . shall be paid to Beneficiary. Trustor will file and prosecute,in good faith and with due
<br /> �%��•� � diligence, its claim for any such awazd or payment, and will cause the same to be collected
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<br /> . and paid to Beneficiary. and should it fail to do so, '�rustor irrevocably authorizes and
<br /> ��` - empowers Beneficiary. in the name of Trustor or otherwise,tv file, prosecute, settle or =
<br />��Y��'��'•% compromise any such claim and to coIlect, receive for and re�ein Q� proceeds. If thc Trust °
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<br /> „ ;:fti,w;�; Property is abandoned by Trustor, or, after notice by Beneficiary to Trustor that the
<br /> � �f`�� ��" condemnor offers to make an award or settle a claim for damages,Trustor fails to respond
<br />-.. . ' � ;;, to Beneficiary within thirry (30) days after the date such notice is mailed, Beneficiary is
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<br />���'�i:�I�.� authorized to collect and apply the proceeds in the manner indiaated herein. The proceeds
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<br />`'"`` �����; of any award or claim may, after deducting all reasonable costs and expenses, including -
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<br />�,`�;��r:=f�r attorneys' fees. which may have been incurred by Beneficiary in the collection thereof, at �:L
<br />— • ° °" the sole discretion of Beneficiary, be released to Trustor, applied to restoration of the Trust �
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<br />� j�.L,; ��'.. Property, or applied to the payment of the Obligations. Uriless Beneficiary and Trustor ��_.
<br /> -"` � r otherwise agree in writing, any such application of proceeds to the Note or Guaranty, as �"=
<br /> ''"�`"�"�'�` a licable, shall not extend or s ne the due date of an re lar installments called for - -
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<br />��' therennder ar change the amount of any such instaliments. —
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<br />`'-''��� 12. Environmental Representations and Warranties; Indeinni�ication; Inspection aind
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