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<br />IT IS MUTUALLY AGREED THAT:
<br />89" . 16719
<br />LITIGATIOW Trustorshall defend this Trust in any action or proceeding purporting to affect such property, whether or not
<br />it affects the seicur4 hereof, or purporting to affect the rights or powers of Beneficiary of Trustee, and shall file and
<br />prosecute ail necessary claims and actions to prevent or recover for any dams" to or destruction of such property, and
<br />either Trustee or Beneficiary is hereby authorized, without obligation so to do. to commence, appear in or defend any such
<br />action, whether brought by or againstTrustor. Beneficiary or Truslimor with or without suit to exercise or enforce any other
<br />right, ramedyor power available or conferred hereundor, whetheror not judgmentbeentered 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, aseitlter may be advised and may settle. compromise or paythe same orany ottw claims and, In that behalf
<br />and kw any of acid purposes, may expend and advance such sums of moneyes settler maydeem necessary. Whetherornot
<br />Trustor so appears or defends, Trustor on demand shall pay all casts and expenses of Beneficiary and Trustee. Including
<br />cost of evidence of title and attorney's fees In a reasonable sum, in any such action or proceeding in which AsneRciary or
<br />Trustee may appear by virtue of being made a parry defendant or otherwise and irrespective of whether the kNerest of
<br />Beneficiary orTrustee in such property is directly questioned by such action, Including but Trot limited to.anyacftsan$orthe
<br />foreclosure of. or sale proceedings under, any secondary Newt on such property, condemnation or partition of such
<br />property; and any suit brought by Beneficiary to foreclose this Deed of Trust.
<br />CONOEMNAMN: Ail sums due, paid or payable to Trustor, orany successor in interest of Truslort, ivhettw by way of
<br />judgtrls n% aatMeff."tor otherwise, (a) for injury or damage to suc$o property, or (b) in connection with any condemnation
<br />for public use or injury to such property or any part thereof, or (c) in connection with the transaction financed by the loan
<br />secured.Nvoy 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. awardsand damages, directaW consequential, in connection therewith are hereby absolutely and
<br />Irrevocably assigned and shall be paid to Beneficiary. Behaticlary �ihall 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 settlement 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 amounts rsceiived by Beneficiary pursuant to this Deed of Trukunder any fire or other insurance policy, in cam-miction
<br />with any condemnation forpublic useof or injury to such propetty.for injury ordamagetosueh hereby areto baeapftlied at
<br />the option of Beneficiary upon any indebtedness secured hereby. The application, use or release of such amowitshall not
<br />cure or waive any default or notice of default hereunderror invalidate any act dope pursuant to such rdAice.
<br />= CONSENT, PARTIAL RECONVEYANCE. ETC.: Trustee nosy; at any times nr frnm bens toe.. Witt m-At ii,.wr '..:–Moore.. r
<br />and without notice. upon written request of Beneficiary, and,*ithout affecting the personal fiabifity of any person for
<br />payment of the indebtedness secured hereby, or the lied ofthis Geed of Trust upon the remainder of such property for the
<br />full armantof theindebledness then or thereafter, securredttereby, or the rights or powers of the Beriefi'ciary or the Trustee
<br />with respect to the remainder of such property, (a) recacvwv any omit of such prop+•rby. (b) con„rntft 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 />FUEL AECONVEYANCE: That upon written request cat Beneficiary stating that all sums secured hereby have been paid
<br />and all. obligations secured. hereby have been satisf+ticlorily performed. Ttu$fte shall reeonvey, without warranty, the
<br />property then held )te reundec The recitals In such reconveyancq..of any matters of fact shell be conclusive proof of the
<br />truthfulness thereon?, The grantee in stick reconveyance may be designated as "the person or persons legality entitled
<br />theeeW. Such requests and reconveyance shall operate as a reassignment of the rents, income, issues and profits
<br />herawAnfors assigned to the Beneficiary.
<br />RIGN r- TO COLLECT AND RECEIVE RENTS AND PROFITS: Notwithstanding any other provisions hereof. Beneficiary
<br />hereby grants pierftnion 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 Truster, mailed to Trustor at his last known address. In any event, such permission to Trustor shall be
<br />sutomeftally revoked upon default hereunder by Trugar.
<br />FINANCIAL INFORMATION: Trustor will- provide to Beneficiary, within 9l) days of the closeof each fiscal year of Trustor, a
<br />consoliQa"d bslarx;e sheet and statement of earnings of Trustor and any and all guar**m of the obligations secured
<br />herebyand wil(provkle and deliver to Beneficiary such- other financial information and in such manneuras Beneficiary may.
<br />direct fivm time to tints
<br />FINANCIAL COVENANT: Trustor shall comply with arse shale 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 />EVENTS OF DEFAULT Any of the following events shall be deemed an event of default hereunder
<br />(a) Default shalt be made in the payment of any installment of principal or interest orany other sum secured hereby when
<br />due, or
<br />I b Trustor sh+ou;d 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 />1 t I Any represtintalian or c.overigrit r lde herein, in any budding loan agreement, or in any other agreement secured
<br />hereby m given rn connect:ei: • herew..1h ur any indeWedness secured hereby should to false or nw,0e3dinq. or
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