F
<br />IT IB MUTUALLY AGREED THAT S9- 161654
<br />LiTI(IATION: Trustor shall defend this Trust in any action or proceeding purpoelingtoaffect eachproperty, whetherornot
<br />it affects the security hereof, or purporting to affect the rights or power of Beneficiary of Trustee, and shall file and prosecute
<br />all necessary claims and actions to prevent or recover for any damage to or destruction of such property, and either Truee . -r
<br />Beneficiary is hereby authorized, without obligation so to do. to commence, appear in or defend any such action, n- . er
<br />brought by or against Trastov, Beneficiary orTrusteeor with or without suit. taexerriaearenformanyothersight remedy or
<br />power available orconferred hereander, whether or not judgment be entered in any action or proceeding, and Trustoror Bene.
<br />flefarymay appearorintervene in any action or proceeding, and retain counsel therein: and takesuch action therein,satit1w
<br />may be advised and may settle, compromise or pay the same or any other claims and, in that behalf and for any of said pur.
<br />pow may expend and advance such sums of money as either may deem necessary. Whether or not Truster so appals or de•
<br />fettdsGfivstor on demand shall pay all costs and expenses of Beneficiary and Trustee; including cost of evidence of birds and
<br />attorney's fees in a reasonablesum, in any such action or proceeding in aldch BenetiefaL*q or Trustee may appear by virtue of
<br />betetgmadea party defendant orotherwiseandirresp etiveofwhethertheisslscestofSent5 ary,arTrastaeinaac6pruipsrtyIs
<br />dir�ocOyquestioned by each action, including but not limited to. any action forthe forwimma4cm proesedimpmWer, any
<br />Decaviinry Hen on such property, condemnation or partition of each property. and ans wA brought by Bane orypko to selm
<br />this Dead of Trost
<br />CONDEMNATIEGNN: All sums due, paid or payable to Trustor. or amf sa coceseor in interest of at r. whether byway of
<br />judgtaettf, settiein�x ms otherwise. (a) for injury er damage to awltr r y, or (b) in connection with any condemnation for
<br />public iweorinju�•; 4i�h�Mryoranypartt tereof c�r'(4in =i• nwiththetransactionfinancedbythe inansecured
<br />hereby or (d) ariaiifjaisui itel irmm of action. whether as mGi nisi s. after the dux of this Oeedof Tract, sa dinpR in tort
<br />or contract. traders rOS' a motion for fraud or concealmmt cii_y:; i al fad together with thus i etL:er k proceeds, a-
<br />wards and damages: +Tireet anti consequential, in connection there gc* hereby absolutely aaviiitxzvo rsssigrrod and
<br />shall be paid to Beneficiary.'—%z•eficiary shall be entitled, at its optidm, :consmenar. infervens in, peal in a tit@ in
<br />its own name. any action or }heeding. or to make any compromise or settlement. in connection with any s1&!AWbgordana
<br />age. Truster agora to executesuch further assignments of any compensation. award. damaggh rights of actbsl arwiphromode
<br />se Beneficiary may require.
<br />All amounts received by Beneficiary pursuant to this Deed of Trusk.a--drr any fire or other insurance policy. in connection
<br />with any condemnation for pxi6c use of or injury to such pmperty, fair ir_; ury or damage to such hereby are to berepptied aLthe
<br />option of Beneficiary upon arayindebtedneas secured hereby, The application, useescelease of such amourt'ar eZ, not care or
<br />waive any default or notice oEFault hereunder or invalidate any sctdone puree rat: to such notice.
<br />CONSENT. PARTIAL RECONVEYANCF., ETC.: Trustee may, at any time. or from time to time. without there
<br />for, and without notice. upon written request of Ileneficiary. and without affecting the personal liability of airy; p(rmn for
<br />payment of the indebtedness secured hereby, or the lien of his Deed of Trust upon the remainder of such prop@ ft For the full
<br />P amount of the indebtedness then or theresiter, secured hereby, or the rights or powers of the Beneficiary ortheTrustee with re-
<br />f afect to the remainder of such property. (a) reeonvey any part of such property. (b) consent to the making of any mop or plat
<br />i thereof. (c) join in granting any easement thereon, or (d) join in any extension agreement or any agreement subordinating the
<br />lien or charge hereof.
<br />FULL iiECONVEYANCE: That, upon written request of Beneficiary itating thai-all sums secured hereby irat=e been paid
<br />and *11 obligations secured he.-gvy have been satisfactorily performed. Trustee shoU r nanvey, without wsnart c,�a'tepropefly
<br />then held hereunder. The rec;j4a in such reconveyanee ctrariy matters of fact shall, be conclusive proof of the truthfulness
<br />thereof. The grlirrurtp such neconveyanoe may bedeeiEecaratdas "the person orpenonalegallyentttted thereto ".8achrequeaUra
<br />mit,rawriveyanar wbali openak us a reassignment of Urge .-rents. Income, loam and profits hereinbefore assigned to thaBent}
<br />,mliGiirE'� •
<br />iifi;.i.6 u To COLLECT AN4 a, ZCEI VE RENTS AN1) PROFITS. Notwithstanding anyotherprovisions hereof, Beneficiary
<br />hereb* grams omission to Trustor to collect apd retain the rents, income, issues and profits of e�trdt nperly as they beeo+tue
<br />due and paysbke hart reserves °.Ile right to rercie such permission at any time. with or withouli r.^ iw.. by notice in writing in
<br />Truotor. mailed to Trustor at iii*' But known address. In any event, such permission t,�'I4wtor rha•]I be automatically rsvoW
<br />upon default hereunder by i Nati.a.
<br />EVENTS OF DEFAULT: Any of the events shall be deemed an event of default hereunder.
<br />(a) Default shall be made in the payment of any installment of principal or inteteast:'ar any other sum seared hereby wham
<br />gar. or
<br />(b)Trustor should breachor otherwise i ein default under any term. covenant, agrmnnennt. condition, or provision contained•
<br />herein or in any building lean agreemert or In any other agreement serwred herel n err
<br />(c) Any representation or covenant made herein. in any building loan agreement, or in any other agreement secured hereby
<br />or given in connection herewith or any indebtedness aeeared hereby should be false or misleading: or
<br />(d)Tfudorohall have procured. permitted orfmffaed. volentarilyorinvolantarily. anycreditor toobtain alien not permitted
<br />herein upon all orpart of each property. Trustor or any guarentorof theindebtednesasecured herebyshail beoonte insolventor
<br />admit in writing We inability to pay its debts as they mature. or make an assignment for the benefit of creditors or apply for or
<br />consent to the appointment *to nreiver or trustee for it er for a aaMtantial part of such property, or such a receiver or trustee
<br />shall be appointed and *hell not be discharged within thirty (30) days after appointment. or
<br />(e) A writ of execution air attachment or any similar process shall. be issued or levied against all or any part of or interest in
<br />such p mperty. or any judgment involving monetary damages shall beentered against Trustor which shall become a lien on
<br />such property or portion thereof or interest therein and such execution. attachment or similar process or judgment is not re-
<br />t.e...l. lwrtttisA, sotiafted, vacated or stayed within sixty (60) dam after its entry or levy. or
<br />(0 lfankruptty, insolvency. reorganization. arrangement, or liquidation proceedings or other pmreedinga for relief under
<br />any bankrupity taw or other law for the relief of debtor@ shall be instituted by or nXeinatTrustoror any Guarantor hereof and,
<br />if instituted a gainsl such party shall be consented to or shall not be dismissed within sixty (60) days after such institution. or
<br />(g) Truster rK any surre�enr in interval of Trustor. voluntarily or involuntarily should sell, exact, convev, trnnsfer.cvmtrnot
<br />_ to sell, team withoptiontopurchase, sublease, dispose of, change the character oruseof. rr further eneumber such property. or
<br />any part therenf, or any interest therein, or if any said parties shall be divested of title tosurh teal property of any partthereof,
<br />.tie any interest therein either voluntarily or Involuntarily. air if title to such property besubireted to any lien or charge vo•luntar•
<br />ily or invrr im"ly, contractual or statutory. without the written consent of llrnefitoary being first had obtained. or
<br />a•
<br />r
<br />n
<br />�i
<br />
|