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<br />(d) Condemnation Awards. This Deed of Trust covers any
<br />and all condemnation awards from any municipal, county, state,
<br />federal or other governmental authority to the present and all
<br />subsequent owners of the Trust Property, including any awards for
<br />any change or changes of grade of streets :affecting the Trust
<br />Property,.which award or awards are hereby a=zaig:ed to Beneficiary.
<br />The proceeds of all such awards shall be paid over to Beneficiary,
<br />notwithstanding the fact that the amount owing on account of this
<br />Deed of Trust or the Note may not be then due and payable.
<br />(e) Insurance Proceeds. This Deed of Trust covers all
<br />of Trustorls right, title and interest in and to any proceeds from
<br />insurance on the Land, Buildings and Personal Property, subject to
<br />the,terms and provisions of section 16 below.
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
<br />:COVENANTS AND AGREES AS FOLLOWS:
<br />= 1. Title to Trust Property. Trustor` cove_,ants, warrants ar.1
<br />agrees with Beneficiary, its successors and assigns, that A.rustor
<br />owns the Trust Property free from any prior lien or encumbrance,
<br />that this Deed of Trust is and shall remain a valid and enforceable
<br />first lien on the Trust Property, that Trustor, at its expense,
<br />shall preserve such title and shall maintain this Deed of Trust as
<br />a first and paramount lien upon the Trust Property and shall
<br />forever warrant and defend the validity and priority of the lien
<br />.Hereof against the claims of all persons ant-parties whomsoever.
<br />Trustor, at its expense, shall cause this Deed of gust, and each ,.
<br />amendment or supplement hereto, to be filed and recorded as a
<br />mortgage of the Trust Property in such maser and in such place and
<br />shall take such action as in the opinion of: °Trustee may be required
<br />by any: present ' or future law in order to }perfect, maintain and
<br />protect the lien of this Deed of Trust„ as the same may be amended
<br />or supplemented from time to time. Trustor shall make such further
<br />assurance or assurances to perfect its title to the Trust Property
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<br />as may be required by Beneficiary. Trustor hereby relinquish -es• all
<br />right of dower and homestead in and to the Trust Property.
<br />2. Related Loan Instruments. In cozn4action with this Deed of
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<br />Trust and the lean secured thereby, Trustar has executed, or caused
<br />to be executed,- the promissory Note menticned above, Financing
<br />Statements, aM,Assignment of Leases and Dents, a Guaranty, a loan
<br />commitment le�t:er and other security (hereinafter collectively
<br />referred to as the "Related Loan Instruments"). All provisions of
<br />the Related Loan Instruments are hereby incorporated by this
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<br />reference into this Deed of Trust as if fully set forth herein. In
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<br />case of any conflict in terms between the loan commitment letter,``
<br />on the one hand, and either this Deed of Trust or ahy of the other
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<br />Related Loan Instruments, on the other hand, the terms of this Deed
<br />of Trust and.the other Related Loan Instruments shall control. To
<br />the extent any of the Related Loan Instruments creates a security
<br />interest in any of the Personal Property covered by this Deed of
<br />Trust, the security interest created by such Related Loan
<br />Instrument shall be deemed to be given by Trustor and accepted by
<br />Beneficiary as. additional security, and the execution or delivery
<br />of such Related Loan Instrument shall not render the security
<br />interest herein contained ineffective or without force, the
<br />security interest herein being, notwithstanding the execution and
<br />delivery of such Related Loan Instrument, fully effective and
<br />operative.
<br />3. Payment and Performance of obligations.
<br />(a) Trustor shall pay all amounts payable under the
<br />Obligations in accordance with the terms of the Obligations when
<br />and as due, including, but not limited to, paying the installments
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<br />of principal and interest on the indebtedness evidenced by the
<br />Note, and paying any late charges, installments for taxes, special
<br />L assessments and insurance, advances made by Beneficiary in behalf
<br />of Trustor and other expenses, and shall timely perform all other
<br />Obligations.
<br />D: 4LOAND04""\ iEALTH. DOT
<br />April 20, 1980 3
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