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<br />90---1046 a
<br />IT IS MUTUALLY AGREW THAT.'-- - -
<br />Ll TfGATION: TrustorMa lidefendthisTrustinanyaction orproceedingpurportingtoatfectsuchproperty .whetherornot
<br />it affects tits. security homf, cr purporting to.affect the rights or powers of Beneficiary of Trustee, and shall file and • -.
<br />prosecute all necessary claims and holions to prevent or reeaver for arty damage to or destructioitf of aucn property. and
<br />eithertiusteeorBOneirWaryisherebyauthorized. withoutobligationsotodo. tocommence ;9ppearinordetendanyauch
<br />` action, whirtherbrougMbyoragainsiTrustor. GeneticW gorTrusteeorwithorwithoutsu l%.toexerciasoreniorceiinyother '
<br />right; remedy orpower availoWe or conferred hereunder. whether or not judgment be enteredin any action or proceeding.
<br />and Truster or Beneficiary may appearor interveneia anyaction orproceeding.and retain counsel therein; and take such
<br />action therein ,aseithermaybeadvisedsnd maysettle. compromise orpaythesame orany otherclaimsand, in that behaff
<br />andforarryofsaidpurposes ,mayexperxl andadvatnoesuchsumsofmoneyaserthermaydeem necessary.Wtiedwornot
<br />- - - Triistor'so appears Qr defends, Tnr�rrQ!t demand ilia!! p~y a!! trorts andsxpenses of 8snefscisry and Trustee, including - - .
<br />. .. cost of evrrience of title and attorney's tees in a reasonable sum. in any such action or proceeding in which Beriaficiary or .
<br />Trustee may appeal by virtue of being made a party defendant or otherwise and irrespective of wfiether the interost of
<br />• 8eneficiaryorTrusteainsuchpropertyfsdirectiyquestionedbysuchaction, irtctudingbutno tfimitedto,anyacctieonforthe
<br />foreclosure of, a► sale proceedings under. any secondary lien on such property. condemnation or paRltian of such
<br />property. and any suit brought by aBerieficiary to foreclose this Deed of Trust
<br />CONDEMNATION: All sums due, paid or payableto Truster, or any successor in interest of Trustor, whether by wayof
<br />judgment. aAttlement orotherwise, (a) for injury or damage to such property, or (b) In connection with any condemnation
<br />for public use or injury to such property orany part thereof. or (c) in connection with the transaction financed by the loan
<br />secured'hereby or (d) arising outof all causes of action, whether accruing before or after the date of this Deed of Trust,
<br />sounding in tort or contract, including causes of action for fraud or concealment of a material fact together with the
<br />settlements, proceeds, awards and damages, directand consequential, in connection therewith are herebyabsolutelyand
<br />i 'Irrevocably assigned and shall be paidto Beneficlary: Soneficlaryshall be Ontittedatits option, to commence. is its, Y neln,
<br />appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in
<br />connection with any such taking or damage. Trustor agrees to execute such further assignment of any compensation,
<br />award. damages, rights of action and proceeds as Beneficiary may require.
<br />All amounts received by Beneficiary pursuantto this Deed of Trust underany fireorother insurance policy,in connection
<br />with any condemnation for public use of or injury tesuch property,for injury or damage to such herebyareto be applied at
<br />the option of Beneficiary upon any indebtedness secured hereby. Theapplication, use or release of such amount shall not
<br />cure or waive any default or notice of default hereunder or 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 therefore.
<br />and without notice, upon written request of Beneficiary, and without affecting the personal liability of any person for
<br />payment of the Indebtedness secured hereby. or the lien of this Deed of Trust upon the remainder of such property for the
<br />full amount of the indebtedness then or thereafter. secured hereby, or the rights or powers of the Beneficiary or the Trustee
<br />with respect to the remainderof such property, (a) reconvey any part of such property, (b) consent to the making of any
<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 hereof.
<br />FULL RECONVEYANCE: That, upon written request of Beneficiary stating that all sums secured hereby have been paid
<br />and all obligations secured hereby have been satisfactorily performed, Trustee shall reconvey, without warranty, the
<br />property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the
<br />truthfulness thereof. The grantee in such reconveyance may be designated as "the person or persons legally entitled
<br />thereto ". Such requests and reconveyance shatl operate as a reassignment of the rents, income, issues and profits
<br />hersinbefore assigned to the Beneficiary.
<br />RIGHT TO COLLECT AND RECEIVE RENTS AND PROFITS: Notwithstanding any other provisions hereof. Beneficiary
<br />hereby grants permission to Trustor to collect and retain the rents, income, issues and profits of such property as they
<br />become due and payable, but reserves the right to revoke such permission at any time, 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 />FINANCIAL INFORMATION: Trustor will provide to Beneficiary, within 90 days of the close of each fiscal year of Trustor. a
<br />consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the obligations secured
<br />herebyand will provideand deliver to Beneficiary such otherfinancial information and in such manneras 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 complywith,or be in compliance with, thefoliowing financial covenants: (This paragraphshall be non - applicable
<br />it 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 />(a) Default shall the made in the payment of any installment of principal or interestor any other sum secured hereby when
<br />due: or
<br />(b) Trustor should breach or otherwise be in default under any term, covenant, agreement condition; or provision
<br />contained herein or in any building loan agreement or in any other agreement secured hereby: or
<br />(c) Any representation or covenant made herein, in any building loan agreement, or in any other agreement secured
<br />hereby or given in connection herewith or any indebtedness secured hereby should bu false or misleading, or
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