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900000833
<br />5. Actions Affecting Trust Estate. To appear in and contest any action or proceeding purporting to affect the security hereof or the rights or
<br />powers of Beneficiary or Trustee; and to pay all costs and expenses, including costs of evidence of title and attorney's fees, in any such action or
<br />proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any
<br />of the Loan Instruments, Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon
<br />Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to
<br />protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in
<br />connection with the exercise by Beneficiary of the foregoing rights, including without limitation, costs of evidence of title, court costs, appraisals,
<br />surveys and attorney's fees.
<br />6. Eminent Domain. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any public improvement
<br />or condemnation proceeding, or in any other manner ( "Condemnation "), or should Trustor receive any notice or other information regarding such
<br />proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments
<br />or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. Beneficiary shall
<br />also be entitled to make any compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, rights of
<br />action and proceeds awarded to Truster (the "Proceeds ") are hereby assigned to Beneficiary and Truster agrees to execute such further assignments of
<br />the Proceeds as Beneficiary or Trustee may require.
<br />In the event any portion of the Trust Estate is so taken or damaged, Beneficiary shall have the option, in its sole and absolute discretion, to apply
<br />all such Proceeds, after deducting therefrom all costs and expenses (regardless of the particular nature thereof and whether incurred with or without suit),
<br />including attorneys' fees, incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such order as Beneficiary may
<br />determine, or to apply all such Proceeds, after such deductions, to the restoration of the Trust Estate upon such conditions as Beneficiary may determine.
<br />Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br />7. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, devisees, Personal
<br />Representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary
<br />herein.
<br />8. Inspection. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the
<br />Trust Estate for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of any of
<br />the Loan Instruments.
<br />9. Beneficiary's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and
<br />without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the fall amount
<br />of all unpaid obligations, Beneficiary may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alter any of
<br />the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at
<br />Beneficiary's options any parcel, portion or all of the Trust Estate, (v) take or release any other or additional security for any obligation herein
<br />mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
<br />10. Events of Default. Any of the following events shall be deemed an event of default hereunder:
<br />(a) Default made in the payment of any installment of principal or interest or any other sum secured hereby when due; or
<br />(b) A writ of execution or attachment or any similar process entered against Trustor which shall become a lien on the Trust Estate or any portion
<br />thereof or interest therein and such execution, attachment or similar process of judgment is not released, bonded, satisfied, vacated or stayed within sixty
<br />(60) days after its entry of levy; or
<br />(c) Breach of or default under any term, covenant, agreement, condition, provision, representation or warranty contained in any of the Loan
<br />Instruments.
<br />11. Acceleration Upon Default. Additional Remedies. In the event of any event of default Beneficiary may declare all indebtedness secured
<br />hereby to be due and payable immediately and the same shall thereupon become due and payable without any presentment, demand, protest or notice of
<br />any kind. Thereafter Beneficiary may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to
<br />the adequacy of its security, enter upon and take possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do
<br />any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or part thereof or interest therein,
<br />increase the income therefrom or protect the security thereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the
<br />rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection including
<br />attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the
<br />Trust Estate, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in
<br />possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise
<br />every right provided for in any of the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the power of
<br />sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof,
<br />(c) Deliver to Trustee a written declaration of default and demand to cause Trustor's interest in the Trust Estate to be sold by power of sale.
<br />12. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the power of sale herein contained, Beneficiary shall
<br />notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby
<br />as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default
<br />and Election to Sell as then required by law. Trustee shall, without demand on Trustor, after lapse of such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale
<br />fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale or upon such terms as set by
<br />the Trustee. Upon payment of the full purchase price, Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
<br />conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including, without limitation, Truster, Trustee or Beneficiary, may purchase at Such sale.
<br />(b) After deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title in connection with sale, and
<br />attorney's fees, Trustee shall apply the proceeds of sale to payment o£ all sums expended under the terms hereof, not then repaid, with accrued interest
<br />at the same rate as provided by the Loan Instruments; all other sums then secured hereby and the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may postpone sale of all or any portion of the Trust Estate by public announcement at such time and place of sale, and from time to
<br />time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement or subsequent notice of sale and
<br />without further notice, except such as may be required by statute, make such sale at the time fixed by the last postponement, or may, in its discretion,
<br />give a new notice of sale.
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