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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 />