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<br />attorney's fees inarras . 4f esum. onanysuchactionorproceedinginwhichBeneficiary orTrusteemayappearbyvirtueofbeingmadea
<br />party defendant or ether rear, and irrespective of whetherthe interest of Beneficiary orTrustee in such property is directly questioned by such
<br />action, including tact net t(irr0d to, a� ry action for the foreclosure of,or sale proceedings under, the First Mortgage or any subordinate lien on
<br />such property. ccedemnaUen or par Mion of such property, and any suit brought by Beneficiary to foreclose this Deed of Trust.
<br />PA,
<br />CONDEMNATION': sums die. paid or payable to Truster, or any successor in interest of Truster, whether by way of judgment,
<br />settfementorotherwise; ( a) forinjuryordamagetosuchproperty; or( b) inconnectionwithanycondemnationforpublicuseorinjurytosuch
<br />propenyorany part theradAv (c) inconnection withthetransaction financed bytheToan secured hereby, or(d) arising outot all causes of
<br />action, whether accruirtgtaefore or after the date of this Deed of Trust, sounding in tort or contract, including causes of actionfor fraud or
<br />concealment of a maW-W fact together with the settlements; proceeds, awards and damages, direct and consequential, in connection
<br />therewith are hereby aligiofutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to
<br />commence, intervene irr*"ari_nedprosecuted in its own name, anyaction or proceeding, orto makeanycompromiseorsettlement, in
<br />connection with any suckl0in g or damage. Trustor agreesto execute such further assignments of any compensation, award, damages,
<br />rigttts.gf action and ptceefteisEleneficiary may require. - -
<br />,f'StzsYurrfsmcs,veais Beneficia urx,+*Ftctl�:srsedr�Tr�� Y.�,: :r.
<br />Y ry p ,�- st uviawa 21aif li r C1o• t`sui+Ge tscd`..^+� rs� 4, • ;rt il^�u
<br />fta,p btir:aceoforinury tosawhliame 'i ', 1, Vr dar tcherret� 1?�L'�r Fr is t,11 r� +x�, `fl neficiary
<br />ais+y ; evir s4r:rfiiass secured hereby. The, a rG �nz N Isie„se a such arr4+� ;:Via: i^�': :s: i a y' default or notice of
<br />deraiii f.h �:3,r�et cr inusiiMate airy act done pursuant to sum notice -
<br />CONSENT, PARTIAti I IECONVEYANCE, ETC.: Trustee may. at anytime, or from time to time, without liability therefore, and without
<br />notice, upon written requgUo1 Beneficiary, and withoutaifecting the personal liability of any person for payment of the indebtedness secured
<br />hereby, or the lien of tli.40eed of Trust upon the remainder of such property for the full amount of the indebtedness then or thereafter,
<br />secured hereby, or the ri*.tsor powersofthe Beneficiary or theTrustee with respectlo the remainder of such property, (a) reconveyany part
<br />of such property, ((y) Consent to the making of any map or plat thereof, (e) join in granting any easement thereon, or (d) join in anyextension
<br />agreement or any agreement subordinating the lien or charge hereof.
<br />FULL RECONVEYANCE. That, upon written request of Beneficiary stating that all sums secured hereby have been paid and all
<br />obligations secured Oeni.y have been satisfactorily performed, Trustee shall reconvey,without warranty, the propertython hetdheroundar.
<br />The recitals in such reiionveyance of any matters of fact shall be conclusive proof Of the truthfulness thereof. The grantee in such
<br />reconveyance may lie designated as "the person or persons legally entitled thereto ". Such requests and reconveyance shall operate as a '
<br />reassignment of the rants, income, issues and profits hereinbefore assigned to the Beneficiary.
<br />RIGHT TO COLLECT AND RECEivE RENTS AND PROFITS: Notwithstanding any other provisions hereof. Beneficiary hereby grants .
<br />permission to Truster to collect and retain the rents, income, issues and profits of such property as they become due and payable, but,i
<br />reserves the right to revrke such permission at any time, with or without cause, by notice in writing to Truster, mailed to Truster at his last.
<br />known address. In any event, such permission to Truster shall be automatically revoked upon default hereunder by Truster.
<br />EVENTS OF DEFAULT: Any of the following events shall be deemed an event of default hereunder:
<br />(a) Default shall to-made in the payment of any insta6t writ of principal or interest or any other sum secured hereby when due; or •
<br />:;�.' >;:
<br />(b) Trustersitculdbereacharotl erwisebeindefaultund eTanyterm.covenant.agreement, condition, or provision contained hereinor in
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<br />any building loan agreesr'ert or in ar c-tfiQr agreement secured herety; er
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<br />(c) Any repnaseniatimcecovai *'-*;(r_hefein, in any building leer-ageement, Orin any otheragreement secured herebyorgiven in
<br />connection herewilfs on any ir;d a6,)a mess secured hereby should be Fala : =,tr misleaiting; or
<br />(d). Ttustcr shoukt t:e in deCaw under the First Mortgage and such ,'T. ault shall camtnuefor Live days or morc, or should any law suit tae
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<br />commenced to foradase the First Mortgage; or
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<br />(e) Trustarshallrtave procured, permittedor suffereO,: o iidatart;ii •:r tt- Voluntarily, any creditor to obtain alien not permitted, fw. ein upon
<br />all or part of such prape" ; Trustoror any quarantor of the.nd.Wednesssecured hereby shall became insolvent or admit In wrfCrVd, inability
<br />to pay itsdebts as they onature, or makean assignment fczrf't'V benefitof creditors or apply loror consentto theappointmentof a receiveror
<br />trustee for itcf let a substantial such
<br />roper ty, orsuvrm,keiverortrusteeshallbea ppointedandshallnotbedischargedwithinthilty(30)daysafersuchappoint
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<br />or
<br />(f) A writ of execufkanor attachment or ary similar process shall be iissued or levied against all or any part of or interest in such property,
<br />orarrr judgment inverbil:gmonetary damages vla,'; ;e entered agains:' nwstor which shall becomea lienon such propertyorportionthereof
<br />or interest therein andsuch execution, attac -ant or s•rniiar• process or, ;,gment is not released, bonded, satisfied, vacatedorstayed within
<br />sixty (60) days after its entry or levy; or
<br />insolvency, reorganization, arrange --�sin:, or liquidation a; cceee.'rg or other proceedings for relief under any bankruptcy
<br />law or other law for file relief of debtors shall be institutes c� or against Trusitor or any Guarantor hereof and, if instituted against such party
<br />shall be consented to or shall not be dismissed within sixty (60) days a ±per such institution; or
<br />(h) Truster crarty successor in interest of Truster, vo%';nlarily or involuntarily should sell, exact, convoy, transfer, contract to sell, lease
<br />with option to purchase, sublease, dispose of, change the cil arecter or use o1, or further encumber such property, or any part thereof, or,any
<br />interest therein, or d any said parties shall be divested of tifelosuch real properiyor any part thereof, or any interest therein either voluntarily
<br />or involuntarily, or if title to such property be subjected to any lien or charge voluntarily or involuntarily, contractual or statutory, without the
<br />written consent of Beneficiary being first had and obtained; or
<br />(i) If truster is a partnership and the interest ofa general partner terminates, is assigned or transferred, or is diminished in any respect,
<br />or if Truster is a - of peratoon and a majority of the voting corporate stock is transferred. sold or assigned, or if the Truster is a Trustee of a trust
<br />and there is a change of any of the Beneficial interest of the trust; or
<br />(j) Truster shaltl without the consent of Beneficiary, create or consent to the establishment of a :;strict which has taxing powers.
<br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: In the event of any default her"rider, Beneficiary may, at its option;
<br />(a) Terminate additional advances, if any, to be made under or pursuant to the Promissory Note or any building loan agreement; or
<br />(b) Declare any aurn secured hereby immediately due and payable and the same shallithereupon become due and payable without any
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<br />presentment, demand, protest or notice of any kind; or
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<br />(c) At any time, with or without notice, either in per �.. , ty W:r og, or -by receiver to be appwt Gsr, i; j tiia Onurt without regard to the
<br />adequacy ofany mcurityfor the indebtedness secured he-1f:q. eregruj;*T and take possession :r:u ^ -frc„ tyerr any part inereof,make.
<br />can isk enforce at modify leases; obtain and eject tenants, v�! ;r±^r,, is ,ants; in its atwn name sui5 :r c rfrsa collect the rents, income,
<br />+sw.usit.and profits thereof, iryJucfing those past due and? yxr. aid, v,,x. apply the sane. lass cost's and rsVa eas of operation, includingr
<br />upmony trdMednrs,^, u t rr y are. i , At;& arjw. as'Oeneficiary inay de* -rmfle- and except for su,rr
<br />apo,.* Lmtisn. Beneficiary shall not be liable to any person for t�,e or non- ci;Wecfion of any rents, income, issues of profits for ti %e
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<br />failuria Id assail arenforce any of the foregoing rights, not shall eer esidary be charged with any of the duties and obligations of a mortgagee
<br />in po%essfan. The entering upon and taking possession of such the collection of income, issues,
<br />property, such rents, or profits, the doing of
<br />other acts herein authorized, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or
<br />inV3141119 airy act done pursuant to such notice; Or
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<br />(d) Cauw to be filed of record. a written notice of default andelection to sell such property. After the lapse of such time as then maybe
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<br />required by law rolll:wing recordation of such notice of default, and notice of sale having been given as required by law. Trustee, without
<br />demand on Vus,ur shall sell such property, either as a whole or in separate parcels, and in such order as a or Beneficiary may doterfrine at
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<br />uubia:awJibntu the highest bidder The Yrustoo may postpono the salo of all or any portion Of Such PfOPerly by PubliC announceinentat thn
<br />hire, of Sate, and train time to time 01preaffer, may pvsfpone the sale by public announcement at the timoand Mace fixed by the tifecedinq
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<br />poSTIVIE (W TIuSlooshall deli vertoSuChpurChastritsdeadconveyingtheproperty, osol d. wi thoutanycovenantcry iarrantyexfressor
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<br />anfjl. evf Teio rr{r,tlto in s*JCh duel pf tiny roatter , pt fact of othetvnse shat► Diu condusive proof of Me Irultlfulinw,s wortiuf tiny petsoit
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