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<br />IS MUTUALLY AGREED THAT, 90'-' I"6 ( 2
<br />LITIGATION: Trustor shall defend this Trust in any action or proceeding purportinntu affect such property. whetheror 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 actions to prevent or recover for any damage to or destruction of such property. and
<br />- ::,",= Trustee or Beneficiary is hereby authorized, without obligation solo do. to commence, appear in or defend any such
<br />action, whether broughibyoragsinstTrustor. Beneficiary ofTrustaeorwith or withoutsuit .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 either 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. Whether or not
<br />Trustor so appears or detends. 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 />Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of
<br />Beneficiary or Trustee in such property is directly questioned by such action. including but not limited to, any action forthe
<br />foreclosure of, or sale proceedings under. any secondary Ilen on such property, condemnation or partition of such
<br />property, and any suit brought by Beneficiary to foreclose this Deed of Trust,
<br />CONDEMNATION: Al I 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 the 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 herebyabsolutely 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 nnake any compromise or settlement in
<br />connection with any such taking or damage. Trustor agrees to execute such further assigrnrree3nts of any compensation,
<br />award, damages, rights of action and proceeds as Beneficiary may require.
<br />All amounts received by Beneficiary pursuaritto this Deed of Trust under any fire or other insurance policy. in coarimton
<br />with any condemnation for public use of or injury to such property. for injury or damageto such hereby aretor beappNedat
<br />the option of Beneficiary upon any indebtedness secured hereby. The application, use or release of such amountstWl rmt
<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 amountof the indebtedness then or thereafter. secured hereby, or the rights or powersof the Beneficiary ortheTrustee
<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 ).jolty in any extension agreement or any agreement
<br />suuviul;'�aang the lien or chargo hers!.
<br />FULL RECONVEYANCE: That upon written request of Beneficiary stating that all sums secamred hereby have been paid
<br />and all obligaWns secured hereby have been satisfactorily performed. Trustee shall recornvey, without warranty, the
<br />property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the
<br />tr , fulness thereof. The grantee in such reconveyance may be designated as "the person or persons legally entitled
<br />1he,reto ". Such requests and reconveyance shall operate as a reassignment of the rents, income. issues and profits
<br />hereinbefore essigned to the Beneficiary.
<br />RIGHT Td COLLECT AND RECEIVE DENTS AND PROFITS: Notwithstanding any other provisions hereof. BeneficiM
<br />" f�ereby grants permission, i1a Trustor to collect and retain the rents, income, issues and profits of such property as. lbey
<br />Wcome due and payable, lit reserves the right to. revoke such permission at any time, with or without cause. by nob.,ce in
<br />ra sting to Trustor, mailed W Trustor at his last Ikrown address. In any event, such permission to 1rrustor sl:ral:ll be
<br />iivtomaticallly revoked upon default hereunder, bs lfvustor.
<br />FINANCIALINFORMATPON: Trustor wallp�ovvdellaBeneficiary, within90daysofthecloseofeachfisc year ofTrustor,a
<br />consolidated balance sheet and statement of earn 'n, as of Trustor and any and all guarantors of the obl5lations secured
<br />hereby and will provide and deliver to Beneficiary swch other financial information and in such manner as Beneficiary may
<br />direct from time to time.
<br />FINANCIAL COVENAi r. Trustor shall comply with and shall cause any and all guarantors of the obligation secured
<br />hereby to comply with, orbei.n compliance with, ttreftailowing financial covenants: (This paragraph shall be lion- applicable
<br />if covenants and requirements are not filled in be'ica)
<br />EVENTS 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 instal Iment 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
<br />contained herein or in any building loan agreement or in any other agreement secured hereby; or
<br />(c) Any representation or covenant made herein, in any building loan agreement, or in any other agreement secured
<br />hereby or given in connection herewith or any indebtedness secured hereby should be false or misleading; or
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