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201605328
<br />Section 3.08. Condemnation. Should the Property, or any part thereof or interest therein,
<br />be taken or damaged by reason of any public improvement or condemnation proceeding or in any
<br />other manner including a deed in lieu of condemnation, or should Trustor receive any notice or
<br />other information regarding any such proceeding, Trustor shall give prompt written notice thereof to
<br />Beneficiary. Beneficiary shall be entitled to all compensation, awards, and other payments or relief
<br />therefor not exceeding the amount then due or to be due under any of the Loan Documents. If the
<br />condemning authority specifically allocates a portion of the condemnation award to restoration of
<br />the property affected by such taking (including curbing, sidewalks, and landscaping), however,
<br />Beneficiary agrees Trustor may retain such portion of the condemnation award so long as it
<br />commences such restoration, diligently prosecutes such restoration to completion, and completes
<br />such restoration within one hundred and twenty days after receipt of the award. Beneficiary shall
<br />be entitled, at its sole option, to commence, appear in, and prosecute in its own name any such
<br />action or proceedings. All such compensation, awards, damages, rights of action, and proceeds
<br />awarded to Trustor (not exceeding the amount then due to Beneficiary pursuant to the Loan
<br />Documents) are hereby assigned to Beneficiary, and Trustor shall execute such further
<br />assignments of such proceeds as Beneficiary or Trustee may require.
<br />Section 3.09. Due on Sale and Due on Encumbrance. Trustor shall not (a) sell or transfer
<br />all or any part of the Property or any interest therein, including, but not limited to, by an option to
<br />sell, a sale or transfer by deed or land contract, or by contract for deed or (b) encumber, pledge, or
<br />mortgage all or any part of the Property or any interest therein, in either case without Beneficiary's
<br />prior written consent. In the event of a violation of the provisions of this Section 3.09, Beneficiary
<br />may, at its option, declare all the sums secured by this Deed of Trust to be immediately due and
<br />payable.
<br />Section 4.01. Releases, Extensions, Modifications, and Additional Security. From
<br />time to time, Beneficiary may perform any of the following acts without incurring any liability,
<br />impairing the security of this Deed of Trust, or giving notice to any person: (i) release any
<br />person liable for payment of any Secured Obligation; (ii) extend the time for payment, or
<br />otherwise alter the terms of payment, of any Secured Obligation; (iii) accept additional real or
<br />personal property of any kind as security for any Secured Obligation, whether evidenced by
<br />deeds of trust, mortgages, security agreements, or any other instruments of security; or (iv)
<br />alter, substitute, or release any property securing the Secured Obligations.
<br />Section 4.02. Substitution of Trustee. From time to time, Beneficiary may substitute a
<br />successor to any Trustee named in or acting under this Deed of Trust by a written instrument
<br />executed and acknowledged by Beneficiary and recorded in the office of the recorder of the
<br />county where the Land and Improvements are situated. Any such instrument is conclusive proof
<br />of the proper substitution of the successor Trustee, who will automatically upon recordation of
<br />the instrument succeed to all estate, title, rights, powers, and duties of the predecessor Trustee.
<br />Section 4.03. Acts of Trustee. When requested to do so by Beneficiary in writing,
<br />Trustee may perform any of the following acts without incurring any liability or giving notice to
<br />any person: (i) consent to the making of any plat or map of the Property or any part of it; (ii) join
<br />FNBO /Nova -Tech
<br />Leasehold Deed of Trust
<br />DOCS/1660400.5
<br />ARTICLE IV
<br />RIGHTS OF TRUSTEE AND BENEFICIARY
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