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89--- 145089
<br />_ effect, and all such sums advanced by Beneficiary, together with.
<br />• all costs and expenses incurred by Beneficiary in connection with
<br />action taken by Beneficiary pursuant to this Section 4.8 -, shall
<br />be due and able b Grantor to Beneficiary upon demand, shall° '
<br />Pell Y p°
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<br />_baar�eres�- un�ir- ..
<br />secured by this Dood of Trust. To the extent that any such sung
<br />are to be expended prior to the occurrence of an Event of
<br />Default, Beneficiary shall make reasonable efforts to notify
<br />Grantor of the nature and amount of each such expenditure when °•
<br />and as the same is made.
<br />4.9 Eminent Damaih; Private Damage. If all or any., -:
<br />part of any property encumbered hereby is taken or damaged by
<br />eminent domain or any other public or private action, Grantox,
<br />will notify Benefic iary promptly of the time and place of a�
<br />meetings, hearings, trials, and other proceedings relating,,.#q -,<<..
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<br />such action. Beneficiary may participate: Ift all negotiations ail
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<br />appear and participate in all judicial o.t,atbitration proceedings
<br />concerning any award or payment which may be due as a result .,Of:
<br />such, taking or damaging, and may, in Beneficiary's reasono -O�x-
<br />discretion, compromise or settle, in the names of both - dt4`,t
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<br />and Beneficiary, any claim for any such award or payment. ".:
<br />such award or payment is to be paid to peneficiary and will be
<br />applied first to ,::.reimburse BeneficiAry:- for all costs and
<br />expenses, includin�c ; .attorneys' fear:, iocrxt'red by Beneficiary. >s
<br />connection witb'.thg:".ascertakinment and cclZSction of such award at-, �
<br />payment. Ths Lalanc, if any, of such award or payment may,; °: in '
<br />aeneficiary's< sole-"'- `4iiscrA� ion, either (a) be retained . ,:�y
<br />Beneficiary and appl d toward the Secured Obligations, at (k►),__4.
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<br />paid over, in whole or in part and subject to such conditiot�ts air
<br />Beneficiary may impose, to Grantor for the purpose of restoring,•
<br />repairing, or rebuilding any part of the encumbered property
<br />affected by the taking; provided, so long as no Event of Default
<br />shall:" exist hereunder, then such;- award or payment shall be
<br />appli as set forth in (b) above 1f, pursuant to the protrisiOMS
<br />of any Primary. Lease or Secondary Lease* Grantor is required to
<br />restore, repair or rebuild the portion of - the encumbered ,property
<br />'' affect,.*4 by the taking. Benef iciary will' have no duty tai.. Aer ,,t*
<br />the Application of any part of any award or payment released .
<br />Grantor. Grantors duty to pay the Notes in accordance 'with
<br />their terms and to perform the other Secured Obligatiotw 'dill not
<br />be suspended :'by the pendency or discharged by the cohitO:u*ior of
<br />any proceedings for the collection. -of. any such a ward or'-payment
<br />and a 4y reduction .3;n the Secured ; obligations._ resulting I ,rexm
<br />flenefi"ciary's application of any such awaMt d -or payment will take
<br />effect only" •when Beneficiary receives su-r�i4 award or payment. if
<br />this Deed of Trust has been foreclosed prior to Benaficiary's
<br />receipt of such award or payments Beneficiary: ,may nortetheloss
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<br />eeta4p such award or payment to the,'. extent requi+reed to xeimbtrse
<br />senef"iciary .far all costs and expenses, including attorneys'
<br />fees, incurred: in connection therewith,; and to discharge any
<br />deficiency remaining with respect 'O the Secured obligations.
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