202204758
<br />Trust Estate to the person or persons legally entitled thereto, without warranty. Trustor shall pay for
<br />recording of the instrument reconveying the Trust Estate.
<br />16. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve
<br />any notice, demand, request or other communication with respect to this Deed of Trust, each such
<br />notice, demand, request or other communication shall be in writing and shall be effective only if the
<br />same is (a) delivered by personal service, or (b) mailed by certified mail, postage prepaid, return
<br />receipt requested, addressed to the address set forth at the beginning of this Deed of Trust, with
<br />delivery deemed to have occurred on the date of mailing. Any party may at any time change its
<br />address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of
<br />such change.
<br />17. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN
<br />TRUSTOR. If all or any part of the Property or any interest in it is sold or transferred, exchanged,
<br />further encumbered or conveyed without Beneficiary's prior written consent, Beneficiary may, at its
<br />option, require immediate payment in full of all sums secured by this Deed of Trust. However, this
<br />option shall not be exercised by Beneficiary if exercise is prohibited by federal law as of the date of
<br />this Deed of Trust.
<br />18. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit
<br />of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors
<br />and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not
<br />specifically named as Beneficiary herein.
<br />19. LITIGATION. Trustor shall defend the Trust Estate in any action or proceeding
<br />purporting to affect the Property, whether or not it affects the security hereof, or purporting to affect
<br />the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and
<br />actions to prevent or recover for any damage to or destruction of the Property, and either Trustee or
<br />Beneficiary is hereby authorized, without obligation so to do, to commence, appear in or defend any
<br />such action, whether brought by or against Trustor, Beneficiary or Trustee, or with or without suit,
<br />to exercise or enforce any other right, remedy or power available or conferred hereunder, whether or
<br />not judgment be entered in any action or proceeding; and Trustor or Beneficiary may appear or
<br />intervene in any action or proceeding, and retain counsel therein; and take such action therein, as
<br />either may be advised and may settle, compromise or pay the same or any other claims and, in the
<br />behalf and for any of said purposes, may expend and advance such sums of money as either may
<br />deem necessary. Whether or not Trustor so appears or defends, Trustor on demand shall pay all costs
<br />and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a
<br />reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by
<br />virtue of being made a party defendant or otherwise and irrespective of whether the interest of
<br />Beneficiary or Trustee in the Property is directly questioned by such action, including, but not limited
<br />to, any action for the condemnation of partition of the Property.
<br />20. CONDEMNATION. All sums due, paid or payable to Trustor, or any successor in
<br />interest of Trustor, whether by way of judgment, settlement or otherwise, (a) for injury or damage to
<br />the Property, or (b) in connection with any condemnation for public use or injury to the Property or
<br />any part thereof, or (c) arising out of all causes of action whether accruing before or after the date of
<br />this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment
<br />6
<br />
|