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<br />IT IS MUTUALLY AGREED THAT:
<br />89.. 103981
<br />LITIGATION: Trustor shall defend this Trust in anyaction 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 />prasecut!t► all necessary claims and actions to prevent or recover for any damage to or destruction of such property, and
<br />either Trustee or Beneficiary is hereby authoriied, withoutobligation so to do, to commence, appear in ordefend any such
<br />action, whether brought by or against Trustor. Beneficiary or Trustee or with or without suit, to exercise or enforce any other
<br />right remedy or power available or conferred hereunder. whether or 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, as elOw 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. Whetheror 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 attorney's fees In a reasonable sum, in any such action or proceeding in which Beneficiary or
<br />Trusts* may appear by virtue of being made a party defendant or otherwise and irrespdetive of whether the interest of
<br />Beneficiary or Trustee in such property is directly questioned by such action, including butnot limited to,anyaction 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 Beneficl" to foreclose this Deed of Trust
<br />CONDEMNATION: All sums due. paid or payable to Trustor, or any successor in interest of Trustor, whether by way of
<br />Judgment settlement or otherwise, (a) for injury or damage to such 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 tf to loan
<br />secured hereby or (d) arising out of all causes of action. whether accruing before or after the date of this Deem of Trust,
<br />sounding in tort or contract including causes of action for fraud or concealment of a material fact tage0w. with the
<br />settlements, proceeds, awards and damages. directand consequential, in connection therewith are herebyabs6lu.Wyand
<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 settlement in
<br />connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation,
<br />award, damage% rights of action and proceeds as Beneficiary may require.
<br />All amounts received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance policy, in connection
<br />with any condemnation for public use of or injury to such property.for injury or damage to such hereby are to be app4led at
<br />the option of Beneficiary upon any indebtedness secured hereby. The application, use or release of such amountsball 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 remainder of such property, (a) reconvey any part of such property. (b) consent to the making of any
<br />map or _plant thaeof, (v .1 Join In gran "Ung any e,- lenient thereon, or (d ) Join in any extension agmerrient of arty asre'ament
<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 rectiweyance 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 requtfsts and reconveya)C . e thall operate as a reassignment of the rents, income, issues and profits
<br />hereinbefore 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 rfght 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 />FfN1 ?40AL INFORMATION: Trustor will provide to Beneficiary, within 90 days of the closeafeach fiscal year of Trustor. a
<br />consolidated balanceushest and statement of earnings of Trustorapd any and all guarantors of the obligations secured
<br />herebyand will provid v and deliver to Beneficiary such other financial information and in such manner as Beneficiary may
<br />direct firom 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 />it covenants and requirements are not filled in below.)
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<br />LEVENTS OF DEFAULT: Any of the following events shall be deemed an event of default hereunder
<br />( a) Default shall be made in the payment of any installment of principal or interest or 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 5 ?
<br />contained herein or in any building loan agreement or in any other agreement secured hereby, or
<br />1 c t Any repr(,sentation or covenant made herein, in any building loan agreement or in any other agreerent st,�.ured
<br />hereby or yi.en iu u,ormectron herewith or any indebtedness secured hereby should be fa,se or misleading. or -�
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