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<br /> limiting their general powers) , Beneficiary shall have and is
<br /> _== hereby given the right, but not the oblig�tion, (i) �o enter upon
<br />;�,�� and take posseseion of the Premises; (fi) ta make additions,
<br /> ��'"= alterations, repairs and improvements to the Premises which it may
<br /> �-J aonaider necessary or proper to keep the Premises in good condition
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<br /> - _-- y and repair; (iii) to appear and partici�ate in any act on or
<br /> procesding (other than any action or proceedin� solely against �
<br /> =-�� Beneficiary which does not arise out of the r�lationship between
<br /> "� Grantor and Heneficiary) affecting or which may affeat the security
<br /> y hereof or the riqhts or powers af Beneficiary; (iv) to pay,
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<br />���� purchase, contest or compromise any enaumbrances, claim, chargB,
<br />-.�.,;.,:,.� lien or d�bt which in the judgment of Benpficiary may affect or
<br />�-a� appears to affect the security of this Ueed or be priar or superior
<br /> ��•' hereto unless Grantor shall furnish to Heneficiary collateral or
<br /> - = affirmative title insurance adequate to proteat the interest of
<br />- - ° Beneficiary against suc,h matter; and (v) a.n exercising such powers,
<br /> �---- to pay neaessary expPnses, including employment of aounsel or �ther
<br />;_�A necessary or desirable consultants. Grantor shall immediately upon
<br />..;,�� demand therefor by Beneficiary, pay all costs and expenses incurr�d _
<br />..__�-� by Beneficiary in connection with the exercise by 1Beneficiary �f
<br /> the foregoing rights, including without limitation, costs of
<br /> =-���� evidence of title, court costs, appraisals, surveys and reasonable
<br /> ��� attorneys' foes. Notwithstanding anything to tha contrary
<br />-��• contained herein, �rantor agrees and it is understood that
<br /> � Beneficiary sha1:L have no obligations, duties or liabilities pri or _
<br /> to or after acquisitfon of title to the Premises to any tenant,
<br />-_:-:,�3�.� contractor or any other third party.
<br />-- � 1.13 Survival of Warranties. To fully and faithfully satisfy
<br />�� and perform the obligations of Gran�or contained in the Loan
<br /> -==•� Instruments and each agreement o� Gran�or i.ncorpc�rai.eu by rafcx�nce
<br /> s� �herein or herein, and any modif ication or amendment thereof. All
<br /> J representations, warranties and covenants of Grantor aontair3ed
<br />-- � therein or incorporated by reference shall survive �he closing and
<br /> _�.�: fundiny of the loan evidenced by the Note and shall remain
<br />""-' continuing obligations, warranties and representations of Grantor
<br />--- during any time when any portion of the obligations secured by ttzis
<br />_�;�,�� Deed remain outstanding.
<br />-�---■ 1..14 Eminent Domain. That should the PremisPS, or any part
<br />`-'�`'��� thereof or interest therein, be taken or damaged by r�ason of any
<br /> N4 y public improvement or condemnation proceeding, or in any other
<br />" —°-' manner ("Condemnation'�) , or should Grantor receive any notice of
<br />=��!� other information regarding such proceeding, Grantor shall give
<br /> ___�� prompt written notice thereof to Beneficiary.
<br />-Y=��� (a) Beneficiary shall be entitled to all compensati4n,
<br />�.��� awards and other payments or relief there�or. All such
<br /> --== compensation, awards, damages, rights of acti.on and proceeds
<br />,,_,;:s�:� awarded to Grantor (the "Proceeds") are hereby assigned to
<br /> �`"=��"'�` Beneficiary and Grantor agrees to. execute such further assignments
<br />=�'�'-'--� of thP Proceeds as Beneficiary may require.
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<br /> �;�;�'•» (b) Benefici.ary shall be entitled at its option to
<br /> �`� "' commenc�, appear in and prosecute in its own name any action or
<br /> proceedings in connection with such Condemnation. Beneficiary
<br /> shall also be entitled to make any compromise or settlement in
<br /> ., � �, connection with such Condemnation; provided, however, that the
<br /> • Proceeds shall be disposed of as herein provided.
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<br /> � �' (c) In the event the Proceeds are applied to any
<br />' . indebtedness secured hereby, Beneficiarylshall the Proceedsl�after
<br /> � � its sole and absolute discretion, to app y
<br /> __�. _ deducting thereirom all costs and e:tpenses (regardless of the
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<br /> • particular nature tnereof anu Wi1C1.11Ci �.,�..........w .. -- -- -
<br /> suit) , including reasonable attorneys' fees, incurred by it in
<br /> connection with the Proceeds upon any indebtedness secured ier�h�
<br /> �� and in such order as BeneEiciary may determix►e, or �o �pP Y
<br /> � Proceeds after such deductions for. the restoration of the Premi.ses
<br /> �
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