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201600847
<br />all costs and expenses, including cost of evidence of title and attorney's fees, in any
<br />such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor
<br />fail to make any payment or to do any act as and in the manner provided in the Trust
<br />Instruments, Beneficiary and /or Trustee, each in its own discretion, without obligation so
<br />to do and without notice to or demand upon Trustor and without releasing Trustor from
<br />any obligation, may make or do the same in such manner and to such extent as either
<br />may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br />demand by Beneficiary, pay all costs and expenses incurred by Beneficiary in
<br />connection with the exercise by Beneficiary of the foregoing rights, including without
<br />limitation costs of evidence of title, court costs, appraisals, surveys and reasonable
<br />attorney's fees. Any such costs and expenses not paid within ten (10) days of written
<br />demand shall draw interest at the rate of six percent (6 %) per annum unless payment of
<br />interest at such rate would be contrary to applicable law, in which event such amounts
<br />shall bear interest at the highest interest rate authorized by applicable law.
<br />c. Should the Trust Estate, or any part thereof or interest therein, be taken
<br />or damaged by reason of any public improvement or condemnation proceeding, or in
<br />any other manner including deed in lieu of condemnation, or should Trustor receive any
<br />notice or other information regarding such proceeding, Trustor shall give prompt written
<br />notice thereof to Beneficiary. Beneficiary shall be entitled to the fullest amount of
<br />compensation, awards and other payments or relief therefrom as allowed under law, and
<br />shall be entitled at its option to commence, appear in and prosecute in its own name any
<br />action or proceedings. Beneficiary shall also be entitled to make any compromise or
<br />settlement in connection with such taking or damage. All such compensation, awards,
<br />damages, rights of action and proceeds awarded to Trustor (the "Proceeds ") are hereby
<br />assigned to Beneficiary, and Trustor agrees to execute such further assignments of the
<br />Proceeds as Beneficiary or Trustee may require.
<br />3. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the
<br />benefit of and binds all parties hereto, their heirs, legatees, divorcee, personal representatives,
<br />successors and assigns.
<br />4. INSPECTION. Beneficiary or its agent may make reasonable entries upon and
<br />inspections of the Trust Estate. Beneficiary shall give Trustor notice at the time of or prior to an
<br />inspection specifying reasonable cause for the inspection.
<br />5. FORBEARANCE BY BENEFICIARY NOT A WAIVER. Each waiver by Trustor,
<br />Beneficiary or Trustee must be in writing, and no written waiver is to be construed as a
<br />continuing waiver. No waiver is to be implied from any delay or failure by Trustor, Beneficiary or
<br />Trustee to take action on account of any default of another party. Consent by Trustor,
<br />Beneficiary or Trustee to any act or omission by another party must not be construed as a
<br />consent to any other or subsequent act or omission or to waive the requirement for Trustor's,
<br />Beneficiary's or Trustee's consent (as and if applicable) to be obtained in any future or other
<br />instance.
<br />6. TRUSTOR NOT RELEASED. Extension of the time for payment or modification
<br />of the sums secured by this Deed of Trust granted by Beneficiary any successor in interest of
<br />Trustor shall not operate to release the liability of the original Trustor or Trustor's successors in
<br />interest. Beneficiary shall not be required to commence proceedings against any successor in
<br />interest or refuse to extend time for payment or otherwise modify the sums secured by this
<br />Deed of Trust by reason of any demand made by the original Trustor or Trustor's successors in
<br />interest.
<br />7. TRANSFER OF THE PROPERTY. If all or any part of the Trust Estate is sold or
<br />transferred without Beneficiary's prior written consent, Beneficiary may, at its option, require
<br />immediate payment in full of all sums secured by this Deed of Trust, however this option shall
<br />not be exercised by Beneficiary if exercise is prohibited by federal law as of the date of this
<br />Deed of Trust. If Beneficiary exercises this option, Beneficiary shall give Trustor notice of
<br />acceleration. The notice shall provide a period of not less than 20 days from the date the notice
<br />is delivered or mailed within which the Trustor must pay all sums secured and currently owed by
<br />this Deed of Trust. If Trustor fails to pay these sums prior to the expiration of this period,
<br />Beneficiary may invoke any remedies permitted by this Deed of Trust without further notice or
<br />demand on Trustor.
<br />8. EVENTS OF DEFAULT. Any of the following events shall be deemed an Event
<br />of Default hereunder:
<br />a. There has occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in any of the Trust
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