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200109056
<br />Trust to the Trustee. The Trustee shall reconvey the Premises without warranty and without charge to the
<br />person or persons legally entitled thereto at the cost of Grantor.
<br />6.12 Condemnation. (a) Grantor hereby irrevocably assigns to Trustee any award or
<br />payment which may become payable by reason of any taking of the Property, or any part thereof, whether
<br />directly or indirectly, temporarily or permanently, in or by condemnation or other eminent domain
<br />proceedings (a "Taking "). Immediately upon receipt by Grantor of notice of the institution of any
<br />proceeding or negotiations for a Taking, Grantor shall give notice thereof to Trustee. Trustee may appear
<br />in any such proceedings and participate in any such negotiations and may be represented by counsel.
<br />Grantor, notwithstanding that Trustee may not be a party to any such proceeding, will promptly give to
<br />Grantee copies of all notices, pleadings, judgments, determinations and other papers received by Grantor
<br />therein. Notwithstanding anything herein to the contrary, the Trustee shall have the right, at any time, by
<br />an instrument in writing executed and delivered to Grantor, to direct the method of conducting all
<br />proceedings for a Taking; provided that such direction shall not be otherwise than in accordance with the
<br />provisions of law. Grantor will not enter into any agreement permitting or consenting to the taking of the
<br />Property, or any part thereof, or providing for the conveyance thereof in lieu of condemnation, with anyone
<br />authorized to acquire the same in condemnation or by eminent domain unless Grantee shall first have
<br />consented thereto in writing. All awards payable as a result of a Taking shall be paid to Trustee, who may,
<br />at his option, apply them, after first deducting Trustee's expenses incurred in the collection thereof, to the
<br />payment of the debt secured hereby, whether or not due and in such order of application as Trustee may
<br />determine, or to the repair, replacement, rebuilding or restoration of the Property, in such manner as
<br />Trustee may determine.
<br />(b) If the Taking involves a taking of any building or other Improvement now or
<br />hereafter located on the Premises, Grantor shall promptly proceed, with reasonable diligence, to demolish
<br />and remove any ruins and complete repair, replacement, rebuilding or restoration of the Property to its
<br />respective size, type, value and character immediately prior to the Taking, whether or not the condemnation
<br />awards are available or adequate to complete such repair, replacement, rebuilding or restoration; provided,
<br />however, that if Trustee shall apply the entire condemnation award to payment of the debt secured hereby,
<br />Grantor shall have the option, in lieu of completing such repair, replacement, rebuilding or restoration, to
<br />pay in full the Obligations according to the terms thereof and this Deed of Trust. Grantor shall promptly
<br />reimburse Trustee upon demand for all of Trustee's expenses (including reasonable attorney's fees) incurred
<br />in the collection of awards and their disbursement in accordance with this Section, and all such expenses,
<br />together with interest from the date of disbursement at the Default Rate, shall be additional amounts secured
<br />by this Deed of Trust. Grantor shall certify to Trustee and shall provide adequate evidence satisfactory to
<br />Trustee that the Property has been put in a state of repair and equivalent to or better than that existing prior
<br />to such Taking.
<br />6.13 Damage to Property. In the event any part of the Property or any additions,
<br />betterments, substitutions or replacements shall be destroyed or damaged by any party or from any cause
<br />whereby Grantor becomes entitled to indemnity therefor from any third person or persons, Grantor, for the
<br />considerations named, does hereby sell, assign and transfer to Trustee all of such sum or sums so due from
<br />any such third person or persons, and Trustee is hereby authorized to receive, collect and sue for the same
<br />and Grantor hereby authorizes and directs that such sum or sums be paid to Trustee upon presentation of
<br />a duly certified copy hereof. Any and all sums received by Trustee hereunder, after deducting therefrom
<br />the reasonable charge or expenses paid or incurred in connection with the collection and disbursement of
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