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<br />IT IS MUTUALLY AGREED THAT
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<br />102547
<br />LITIGATION: Trustor shall defend this Trust in any action or proceeding purporting to affect such property, whether or not
<br />it affects the security hereof, or purporting to affect the rights or powers of Beneficiary of Trustee, and shall file and
<br />prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property. and
<br />either Trustee or Beneficlary is hereby autfeorized, without obligattan so to do, to commentAAppearin or defend any such
<br />action, whether brought by or against Trustor. Beneficiary or Trustee or with or without suit, toexerclse orentorce any other
<br />►fight. remedy or power available or conferred hereunder, whetheror not judgment be entered in any action or proceeding;
<br />and Trustor or Beneficiary may appear or intervene in any action or proceeding. and retain counsel therein; and take such
<br />action therein, aseither may be advised and may settle, compromise or pay the same or any other claims and. in that behalf
<br />and for any of said purposes, may expend and advance such sums of money as either may deem necessary. Whether or not
<br />Trustor so appears or defends, Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee. including
<br />cost of evidence of title and attomey's fees in a reasonable sum. In any such action or proceeding in which Beneficiary or
<br />Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of
<br />Beneficiary or Trustee in such property is directly questioned by such action. including but not limited to, any action forthe
<br />foreclosure of, or sale proceedings under, any secondary lien on such property, condemnation or partition of such
<br />property, and any suit brought by Beneficiary to foreclose this Deed of Trust.
<br />CONDEMNATION: AIR sums due, paid or payaVe to Trustor, or any successor in interest of Tnustor. whether by way of
<br />judgment, setttetnen0r otherwise, (a) for injury or damage to such property. or (b) In connection with any condemnation
<br />for public use cc ipjur* tti.sueh property or any part thereon. or (e) in connection.r>;I.ttt the transaction financed by the loan
<br />secured hereby;cr ( d) o sing out of all causes of action, whether accruing before or after the date of this Deed of Trust
<br />sounding in tort oT con "i ct including causes of action" tat fraud or concealment of a material fact together with the
<br />settlement& proveaft awards and damages. directandconsequentiak irn connection therewith are hereby absoluWyand
<br />irrevocably aft -Sned and shall be paid to Beneficiary. BeneffeWry shall be entitled: at its option. to commence, intervene In.
<br />appear in and. prosecute in its own name, any action ar proceeding, or to make any compromise or settlemiott in
<br />connection with any such taking or damage. Trustor agrees to execute such further assignments of any c6mpensaffon,
<br />award, damages, rights ig action and proceeds as Beneficiary may require.
<br />All amountsreceived dy Beneficiary pursuant to this Deed of Trust under any fire arather insurance policy, in connection
<br />with any coodumnstion for public use of or injury to such pe party, for injury or damage to such hereby are to be applied at
<br />the option of 8ieneficiary upon any Indebtedness secured hcmby. The application, use or release of such amount shall not
<br />cure or waive any defsultior nonce of default hereunder oc invalidate any act done pursuant to such notice.
<br />CONSENT. PARTIAL RECONVEYANCE. ETC.: Trustee may, at any time. or from time to time. without liability theretore.
<br />and without notice, upon written request of Beneficiary, and without affecting the personal liability of any person for
<br />meant of the indebtednGess secufad twfaby, or the liar of this Doc -dot Trust up i-, the r emainde: of s"h proport'i lar the
<br />faR amount of the indebtedness then or thereafter. secured hereby, or the rights or powers of the Beneficiary or the Trustee
<br />w th respect to the remainder of such property, (a) reconvey any part of such property, (b i ronsent to the rat of rimy
<br />'map or plat thereof. (c) join in granting any easement thereon, or (d) join in any extension agreement or any agreement
<br />subordinating the lien or charge hweaf.
<br />FULL RECONVEYANCE. That, upon written request of Beneficiary stating that all sums secured hereby have been Pibd
<br />and all obligations secured hereby have been satisfactorily performed. Trustee shall reconvey. without warranty. t"
<br />property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof 00the
<br />truthfulnew thereof. The grantee in such reconveyance may be designated as "the person or persons legally er "Olid
<br />thereto ". Such requests and reconveyance shall operate-as a reassignment of the rents, income, issues and profits
<br />fmretnbefore assigned to the Beneficiary.
<br />RIGHT TO COLLECT AND RECEIVE RENTS AND PROFITS: Notwithstanding any other provisions hereof. Beneficiary
<br />hereby grants permission to Truster 0 Collect and retain the rents. income, issues and profits of such property as they
<br />become due and payable. but resenves the right to revoke such permission at any Brice. with or without cause, by notice in
<br />writing to Trustor, mailed to Trustor at his last known address. In:'any event, such permission to Trustor shall; be
<br />automatically revoked upon default hereunder by Trustor.
<br />FiNANCIA.LINFORMATION: Trusl<or will provide to Beneficiary. within 90 days of the close of each fiscal year of Trustor, a
<br />consolidated balance sheet and statemeM,of earnings of Trustor and any and all guarantors of the obligations secured
<br />hereby and will provide and deliver to Beneficiary such other financialinformation and in such manner as Beneficiary-may
<br />direct from time to time.
<br />FINANCIAL COVENANT: Trustor shall comply with and shall cause any and all, guarantors of the obligation secured
<br />hereby to comply with, or be in compliance with, the following financial covenants- (This paragraph shall be non - applicable
<br />if covenants and requirements are not filled in below.)
<br />LEVENTS OF DEFAULT Any of the following events shall be deemed an event of default hereunder
<br />I a i Default shall be made in the payment of any installment o1 principal or interest or any other sum secured hereby when
<br />due, or
<br />t b) Tiustor should breach or otherwise be in detaaft under any term. co.unsr.t. rigreenlerrt. cordition, or ernv,suyn
<br />r •irttained herein (f? M ar'y building loan agreement or in any other 3grc rlrr :aunt sei..ired hereby. (;it
<br />f r At '-# topiese,'IjNart Crr covenant mado herelr. it im V tj l!j r .t '[ „1:, :1gr6, 'n.(., • ' :r t, ..w j 1:11:(': litjr('(11nr•11 ? 'WI:IIF(rd
<br />r•:( tq it q dCri in t cs• iiecf!fin hro00411h Or Wto 411detott :01 Q• "i ! fZ.: t'(K: he!' (41'r 'vii 1 t.r, f ;lily, if at+,,IS'.idif`fj '1'
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