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<br />IT IS MUTUALLY AGREED THAT. 89'�_ 103350
<br />LITIGATION: Trustor shall defend ihm Trust in any action or proceeding purporting to affect such property, wh~oir 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 actione M prevent or recover for any damage to or destruction of such property► and
<br />either Trustee or Beneficiary is trsrebv autbar:xed, without obligation so to do, to commence -appear In ar deland any such
<br />action, whether brought by or agolnetTruator. BaneficlW orTrustesor with or withoulaulRM sxerciaaorenforceanyodw
<br />right, remedy or power aysilabt or conferred hereunder.whether or Trot judgmeM be enlared in any action or
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<br />and Trustor or Beneficiary may appear or intervene in any action or proceeding, and retain counsNiheroln; pnd4Mossuc
<br />action theism; as either may be*&sod and may W4W. compromise or pay the same or any other clainos and, In fttatbehalf
<br />and for an; of said purposes, may expand and advanoe such sums of rmnoy as~ ffay deem necessary. Whattwor not
<br />Trustor so appears or defiefft Trustor on demand shah pay all costs and expenses of Beneficiary and Tn»tee, rove xMg
<br />cost of evidence of tilt and sMamey's Mee Ina reasonable sum, in any such actin or proceeding in which Benelfclery or
<br />Trustee may appear by virtues of, being made a party defendant or otherwise and irroepectiva of whether the htimes! of
<br />Boneflclary or Trustee in such property is directly questioned by such action, includiirl. but not limited to, any action for the
<br />foreclown of, or sale proceedings under, any secondary lien an such properly; condwnriation or partition of such
<br />property, and any suit brought by BeWciary to foreclose this Deed of Trust.
<br />CONDEMNATION: AN sums due, paid or'palpsbje to Txusw, or any successor in interest of Trustor, whether by way of
<br />judgmertti selNement or otherwise, (a) for injury or damage to such property, or (b) in connection with artyf f~ondernnation
<br />tot public use or injury to such property or any pari thereof, or (c) in connection with the transaction financed by to loan
<br />secured hereby or (d) arising out of 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 heroWabsolutey and
<br />irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence. intervene in,
<br />appear in and prosecute in its own name. any action or proceeding. or to make any compromise or soNoment. in
<br />connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation,
<br />award, damages. rights of action and proceeds as Beneficiary may require.
<br />All amou rift received by Beneficiayr pursuant to this Deed of Trust under any fire or other insurance policy, in connection
<br />wto.wany condemnation forpublic use ctor injury to such property.for injury or damageto such hereby auto be applied at
<br />tha'option of Beneficiary upon any indebtedness secured hereby. The application, ttse or release of such amount shall not
<br />cure or waive any dehult or notice of default hereunder or invalidate any act done, pursuant to such notice.
<br />CONSENT. PAtdTIAL HEWIWEYANCE, C 1 G.: T rusiee may, at any tiif WO. of iiviu t ilitm iv iit"R. I .wise sno y s`""Ww. Wo
<br />and without notice, upon written request of Beneficiary, and without affecting the personal liability of any person for
<br />payment of the lndeMedrim secured hsreby.'or the lien of this Deed of Trust upon the remainder of such property for the
<br />t,;li a;no•.tr!t ^! the irtd•. •tn..•>lh.n „r th.rwwtey. awc>,�re_ ha:ehy, or the rinhta or aowwrs ntths Brneficiary or the Trustee
<br />with respect to the remainder of 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 writio n (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 reconveyonce 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 />thereb". Such requestflr and reconveyance shall operate as a reassignment of the rents. Income. issues and profits
<br />bereinbeforo 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 profit 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 perfssion to Trustor shall be
<br />automatically revoked upon default hereunder by Trustor.
<br />FINANCIAL INFORMATION: Trustor will provide to Benefiary, within 90 days of tho0ose.of each fiscal year of Trustor. a
<br />consolidated balance sheet and statement of earnings of Trustor and: any and alF guarantors; of the obligations secured
<br />herebyand wiit provide and deliver to Beneficiary such otfter financial information, taindiin su4iv manner as Beneficiar t.may
<br />direct from time to tints.
<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, thefollowing financial covenants: (This paragraph shall be non - applicable
<br />if covenants and requirements are not filled in below.)
<br />EVENTS OF DEFAULT Any of the following events shall be deemed an event of default hereunder-
<br />( a 1 Default shall be made en the payment of any installment of principal or interest or Any other sum secured hereby when
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<br />(t)) Truster 511ould breacri or otClerwfln W in detau:t under any term coven nt agreement. condilson or provision
<br /><.r,r +ta.ri�ttf herein or in any building tuar) ttfgreemelit fir in any other ngrvement ner,:ired hereby, or
<br />) Af, It rt';.tershr.t.I'.fai or Covenant rriade hierit!3n. in [frig bulltl.ry Waft a 'Jrevment of In ,aliy tither agteonse'nt sw (114. 1
<br />harftsti/ +f fjiitlyt 41 t'arif:Qf,t:rsrl rip rr3*lttt f)r tiny Ir debuminess se!.Ured ticfeby',ftutfl1l tie fal'',O of ill 1:'r'.IES'll•;, of
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