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<br /> � In thq�avent of the passage of any law d��durt��u� frc�m tlur v,�lu�� �f re,�l property for the purposes c�t t��xation
<br /> of��ny lien ther�on, or Changinc�in any way th�� i.�w, i��� U,e t,ix,�tiun uf deeds of trust or debts st�wred by doedS of �
<br /> ' trust for state or locat purposes, or ih�m,inn��r uf uu� �c�ll�,ct�on o( dlly Sl1CI1 taxes, so�is to affect this Deed ol"frust,
<br /> t17e holder o1 this Ueed o( Trust.�nd ol the ol�l�q,it�um,wh��h�t Secur�rs Sh,�ll h.we the nght to declare all sums se�ur�d ' _
<br /> hereby due as oi a d�te to be spec�ficd t,y not Ir.ti, cli,,�� 3n cl�iyti'wr��ier� noi�ce tn ue given to Trustor by Soneliciary;
<br /> > provided,however,that such��lection shall he �nclfr.ct�ve if I iustnr �s permittecl by law to pay the whole oI sucl�taM in �
<br /> addition to all other payments required hereuncler r�nd �1, pnnr to such spenfied date, does pay suth tax and aqraes
<br /> to pay any such tax when hereaf�er lev�ed or ,�ssestr,d ag�,�nst sucli praperty, and such agreement shall tonstitute a
<br /> � modification of this Deed of Trust. � '
<br /> ,.i.:
<br /> Sums Advenced to Bear Interest: To pay immediately upon demand any sums advanced or paid by Beneficir.ry
<br /> or Trustee under any clause or provision �f this Deed nf Trust Any sucf�sums,until so repaid,shall be secured hereby
<br /> „,.,...�...np�1• and bear interest from the date it was advanced or pa�d at the same rate as such indebtedness and shall be secured by �
<br /> this Deed of Trust. +�;;_
<br /> Assignment of Deposits: That as further add�t�onal securiry if this be a construction loan, Trustor hereby :,;�,^'.-
<br /> � transfers and assigns to Beneficiary during conanu��nce of these 7rusts, all right, t�tle and interest to any and all
<br /> � monies de�OOSited by Trustor ar deposited on behalf of Trustor�vit1,any city, county,public body or agency,sanitary
<br /> . district, gas and/or electric company, telephone company a�d any other body or agency, for the installation or to -_.
<br /> seture the instdlldtion of any utility by Trustor pertainmg ta thfs property �:t��.-
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<br /> i Failure of Trustor to Comply with Deed of T�ust: Should Maker or Trustor fail to make any payment,or to do �'='
<br />� a any act as provided in this Deed of Trust, or fail to perform any obl igation sewred by this Deed of Trust,or do any act ��°-
<br /> �� Maker or Trustor agreed not to do, Trustor shall be in default under this Deed of 7rust. Beneficiary, but without —
<br /> obligation So to do and without notice to or demand upon 7rustor and witho��t releasing Trustor from any obligation ;<:��•
<br /> �. hereof and without contesti�g the validity or amounc of the same, may(aI make or do the same in such manne�and
<br /> to suth exte��i as it may deem necessary to protect the security hereof, Beneficiary bei�g authorized to enter upon
<br /> ��'=t. such property for sur.h purposes, and (b) pay, ourchase, contest or compramise any encumbrance, charge or lien, =��
<br /> . �•;:._�s,:
<br /> ,±�:� which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such po�n►er,pay necessa�y
<br /> expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand �;_�.,
<br />�'f'�' of eeneficiary.
<br /> �::,:
<br /> . � � f IT IS MllTUALLY AGREED THA7: �-
<br /> ; .����: Envirpnmental Disclaimer. Trustor warrants(and this shall be a continuing warranty which shall survive until =
<br /> ,`,.,_+�,i° all the obligations of Maker orTrustor to Trustee and Beneficiary have been futly satisfied) that it is in compliarote
<br />=+ � � : � with all federal, state and local environmental iaws and regulations anp nas outained ail environmentai permits
<br /> �'';.,.,:' '''�''; � necessary or appropriate to the conduct of its business. There is not pending,nor to the best of Trustor's knowledge,
<br />���... � ����� after due inquiry, are there any threatened environmental enforcement actions, sufts or proceedings before any
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<br /> ' .. � court,tribunal or administrative body or official. Trustor, or any responsible offiter, general partner, or agent of
<br /> - <,, ;.`�' Trustor,has not,nor has any former owner of real property occupied by Trustor,stored, used or disposed of any toxic
<br /> or hazardous substance on its properties or transported any such substance to or from its properties in violation of
<br />�J'`'` �: any presently existing or previously existing laws,regulations or poli�ies. The Trustorwill notstore, use or dispose of
<br /> j=">�=`�'`�' � 3uch substances an this property.
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<br />�;;..;::��.v� Litlgation: Trustor shall defend this Trust in any action or proceeding purporting to affect suth property,
<br /> ��.�t.:�.�-�r_ whether or not it affects the security hereof, or purporting to affect the rights or powers of 9eneficiary or Trustee,
<br />-"��"'Y ' � and shall file and prosecute all necessary claims and actions tu prevent or recover for any damage to or destruction of
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<br />��'y�-:,�.� such property; and either Trustee or Beneficiary is hereby authorized, without obligation so to do,to commence,
<br /> ���.�Y! appear in or defend any such action, whether brought by or against Trustor, eeneficiary or Trustee, or with or
<br /> ����.::.•�;;�^;�;.� without suit,to exercise or enforce any other right, remedy or power available or conferred h�ereunder, whether or
<br />�:�,�:.„�.-� not judgment be entered in any action or proceeding; and Trustee or eeneficiary may appear or intervene fn any
<br />-� -'� action or proceeding,and retain counsel therein; and take such action therein, as either may be advised and may
<br />,`-��.: settle,compromise or pay the same or any other daims and,in that behalf and for any of said purposes, may expend
<br /> � � � �' and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,
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<br /> — r; Trustor on demand shall pay all costs ancl expenses of Beneficiary and Trustee,including costs of evidence of title and
<br /> '�;?",`�_'�., . attorney's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by
<br /> � �.�=�,;,;�� virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or
<br /> ...�r _ � . Trustee in such property is directly questioned by such action, including but not limited ta any action for the
<br /> , ���,;:�,,�: condemnation or partition of such property and any suit brought by Beneficiary to foreclose this Deed of T�ust.
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<br />���••• ��-�-� Condemnation: All sums due,paid or payable to Trustor, or any successor in interest of Trustor, whether by �
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<br /> - - :.,�,-., way of judgment,settlement or otherwise,(a)for in�ury or damage to such property, or(b) in connection with any s_,
<br />��. ~' condemnation for public use or injury to such property or any pan thereof, or(c) in connection with the transaction ��:
<br /> '� , .r':? financed by the loan secured hereby,or(d)arising out of all causes of action, whether accruing before or after the �-
<br />� `•��`•' date of this Deed of Trust, sounding in tort or cantrart, including causes or action for fraud or concealment of a �: ._
<br />_', material fact together with the settlements, proceeds, awards and damages,direct and consequential,in connettion �"
<br /> ; therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary, subject hov�ever to the f�.�"`
<br />- '. rights of the holder of any prior lien. eeneficiary shall be entitled,at�ts option,to commence,intervene in,appear in =
<br />�� and prosecute in its own name,any action or proceeding, or to make any compromise or settlement,in connection �`'�'�-
<br /> '� with any such taking or damage. Trustor agrees to execute such further assignments of any compensation,award,
<br />- ` damages,rightsof attion and proceeds as Beneficiary may require. ,
<br /> - � The amount received by Beneficiary pursuant ta this Deed of Trust under any fire or other insuran�e policy, in "
<br /> ,.."': . � .nnnnitin.� ...:fA �....innanmr��tinn 4�� nnhl�� ncaa nf nr �n���.., fn e���h nrnnnrt�� f�r ini�vu nr 'Inrr�nno fn e��e�h
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<br /> � ;,:;'.:x property,or in connection with the transaction fmanced by the Ioan secured hereby are to be applied at the option �
<br /> _ `•`�`� of Beneficiary upon any indebtedness sewred hereby. No such application, use or release shall wre or wdive any
<br /> default or notice of default hereunder or invalidate any act done pursuant ta such notice.
<br /> -- Consent,Partial Iteconveyance,Etc.: At any time,or from time to time,without liability therefor, and without:
<br /> __ notice,upon written request of Beneficiary,and w�thout affecting the personal liability of any person for payment of
<br /> - J the indebtednsss secured hereby, or tt�e lien of th�s Deed of Trust upon the remainder of such property for the full�' -
<br /> 1 amount o� the indebtedness then or thereafter, secured hereby or the rights or powers of the Beneficiary of.xhe..
<br /> - I Trustee with respect to the remainder of sucii property, Trustee may (a> reconvey any part of such property,'(bZ�•
<br /> _ � consent to the making of any r*iap or plat thereof, (c) �oin �n granting �ny easement thereon, or (d) join in any,.•
<br /> extension agreement or any agreement subord�nating the I�en or charge hereof.
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