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<br />•{ t (, t 90- 107183
<br />IT IS MUTUALLY AGREED THAT:
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<br />LITIGATION: Trustor shall defend this Trust in any action or proceeding purportingto affect such property. whetherpr 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 f ouch property, any and
<br />r�fAften Trustee or Beneficiary is hereby authorized, without obligation so to do, to commence, appear
<br />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 i in any action or proceeding;
<br />and Trustw or Beneficiary may appear or intervene in any action or proceeding, and retain counsel
<br />any other claims ee, ind n that such
<br />action therein. as either may be advised and may settle, compromise or pay e
<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 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 />Trustee may appear by virtue of being made a parry 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 />property, and any su t bproceedings
<br />ought by 8eneliceary to foreclose of Truat.o��. condemnation or partition of such
<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 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 hereby absolutely 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 make any compromise or settlement in
<br />connection with award, damegesariphts of action damage. Trustor
<br />as Beneficiary h further assignments of any compensation,
<br />et ciery may require.
<br />All amounts received by Beneficiary pursuanttolhis Deed of Trust under any fire or other insurance policy, in connection
<br />with any condemnation for public use of mT injury to such property, for injury or damageto suchherebyare to be applied at
<br />the option of Beneficiary upon any indebtedness sectured hereby. The application, use or release o1 such amount shall nog
<br />cure w waives arty deaaui: zr roi:ca cf dttssuft her��!Ider aw 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 plat thereof, (c) join in granting any easement thereon, or (d) join in any extension agreement or any agreement
<br />subordinating the Ilan or charge hereof.
<br />FULL RECONVEYANCE: That upon written request o1 Beneficiary stating that all sums secured hereby have bee n 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 reconveyance 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". Sucti requests and reconveyance shall 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 right 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 />FINANCIAL INFORMATION: Trustor will provide to Beneficiary, within 90 days of the close of each fiscal year of Trustor, a
<br />consolidated balance sheet and statement c! earnings of Trustor and any and all guarantors of the obligations secured
<br />hereby and will provide and deliver to Beneficiary such other financial Information and in suchmanner as Beneliciary may
<br />direct from 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 />if covenants and requirements are not filled in below.)
<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 installment of principal or interest or any other sum secured herebywhen
<br />due; or
<br />contained herein or breach
<br />any building loan agreement in any other agreement secured onditlon, or provision
<br />hereby; or
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<br />hereby or given in coninection herewith or any indebtedness secured hereby should be false other or
<br />secured
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