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<br /> -� . ;�- RE•REC�RDE =� � ���i� . . �
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<br /> In the event of the passage of any law deducting from the value of real property for the purposes of taxation
<br /> of any lien thereon, or changing in any way the ia�nrs for the taxation of deeds of trust or debts secured by deeds of
<br /> trust for state or local purposes, or the manner o� ti�e �.�Ilection of any such taxes, so as to affect this Deed of Trust,
<br /> the holder of this Deed of Trust and of the obli�,.�t�c�����s�n�hich it secures shall have the right to dedare all sums secured
<br /> hereby due as of a date to be specified by nai I� � th:,n 30 days' written notice to be given to Trustor by Beneficiary;
<br /> provided, however,that such election shall be i���ti�:c�, �e i( rrustor is permitted by law to pay the whole of such tax in
<br /> addition to all other payments required hereu��d�r ar,u if, prior to such specified date, does pay such tax and agrees
<br /> to pay any such tax when hereafter levied or assessecJ against such property, and such agreement shall constitute a
<br /> modification of this Deed of Trust. �
<br /> Sums Advanced to Bear Interest: To pay immediately upon demand any sums advanced or paid by Beneficiary
<br /> or Trustee under any clause or provision of this Deed of Trust. Any such sums, until so repaid, shall be secured hereby
<br /> and bear interest from the date it was advanced or paid at the same rate as such indebtedness and shall be secured by
<br /> this Deed of Trust.
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<br /> Assignment of Deposits: That as further additional security if this be a construction loan, Trustor hereby
<br /> transfers and assigns to Beneficiary during continuance of these Trusts, a�l right, title and interest to any and all
<br /> monies deposited by Trustor or deposited on behalf of Trustor with any city, county, public body or agency, sanitary
<br /> district, gas and/or electric company, telephone company and any other body or agency, for the installation or to
<br /> secure the installation of any utility by Trust��-t-�n:+ �� �:. �, `.� tl,�ti�roc;zr?V
<br /> Failure of Trustor to Comply with Deed caf "fr��st: �hould Maker or Trustor fail,, r�al4
<br /> Maker or Trustoeagreeds ot o dor�ru to�'shatl b�inrde#au�t�un��tii� eetl o ` .rust. ` eneficiary, but without
<br /> obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation
<br /> hereof and without contesting the validity or amount of the same, may (a) make or do the same in such manner and
<br /> to such extent as it may deem necessary to protect the sec�:rity hereof, Beneficiary being authorized to enter upon
<br /> such property for such purposes, and (b) pay, p��rch�s�, contest c�r campromise any encumbrance, charge or lien,
<br /> which in its judgment is or appears to be prior or sup�ric�r r;ereto, ar,d (c) in exercising any such power, pay necessary
<br /> expenses, employ counsel and pay his reasonable fees. Tf-+ascar agrees to repay any amount so expended on demand
<br /> of Beneficiary.
<br /> IT IS MUTUALLY AGREED THAT:
<br /> Environmental Disclaimer: Trustor warrants (and this shall be a continuing warranty which shall survive until
<br /> all the obligations of Maker orTrustor to Trustee and Beneficiary have been fully satisfied) that it is in compliance �
<br /> with all federal, state and local environmental laws and regulations and has obtained all environmental permits �
<br /> necessary or appropriate to the conduct of its business. There is not pending, nor to the best of Trustor's knowledge,
<br /> after due inquiry, are there any threatened environmental enforcement actions, suits or proceedings before any
<br /> court, tribunal or administrative body or official. Trustor, or any responsible officer, general partner, or agent of
<br /> Trustor, has not, nor has any former owner of real pra,�e�ty� occupied by Trustor, stored, used or disposed of any toxic
<br /> or hazardous substance on its properties or transprE�t�d any s�:i:h substanc� to or from its properties in violation of
<br /> any presently existing or previously existing I�yus, regui<�:ic�ns or poiicies. The Trustor will not store, use or dis ose of
<br /> su� _ .
<br /> Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,
<br /> whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee,
<br /> and shall file and prosecute all necessary claims and �ctions to prevent or recover for any damage to or destruction of
<br /> such property; and either Trustee or Benefi:,�r� ,s '� �t�by- authorized, without obligation so to do, to commence,
<br /> appear in or defend any such action, whethn ��^„�'�t by or against Trustor, Beneficiary or Trustee, or with or
<br /> without suit, 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 Trustee or Beneficiary may appear or intervene in any
<br /> action or proceeding, and retain counsel therein; and take such action therein, as either may be advised and may
<br /> settle, compromise or pay the same or any other claims and, in that behalf and for any of said purposes, may expend
<br /> and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,
<br /> Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and
<br /> attorney's fees in a reasonable sum, in any such act.i.��� ar proceeding in which Beneficiary or Trustee may appear by
<br /> virtue of being made a party defendant or nther����;se and irrespective of whether the interest of Beneficiary or
<br /> Trustee in such property is directly questioned b,a suct•� action, incliading but not limited to any action for the
<br /> condemnation or partition of such property and an�suit bro��ght by Beneficiary to foreclose this Deed of Trust.
<br /> Condemnation: All sums due, paid or payable t.o Trustor, or any successor in interest of Trustor, whether by
<br /> way of judgment, settlement or otherwise, (a) far i�jury or damage to such property, or (b) in connection with any
<br /> condemnation for public use or injury to such property or any part thereof, or (c) in connection with the transaction
<br /> financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the
<br /> date of this Deed of Trust, sounding in tort or contract, including causes or action for fraud or concealment of a
<br /> material fact together with the settlements, , r� �eE_•{i. :;�,^ �rds �inc! ciamages, direct and consequential, in connection
<br /> therewith, are hereby absolutety and irrevoc.d`ly a�5igr�ed anc�-shall be paid to-Bertefirtiarq, subjeet however,to the
<br /> rights of the holder of any prior lien. Beneficiary shall be entitled,at its option, to commence, intervene in, appear in
<br /> and prosecute in its own name, any action or �ro�e�riing, or to make any compromise or settlement, in connection
<br /> with any such taking or damage_ Trustor agre�s to e��cute su�h further assignments of any compensation, award,
<br /> damages, rights of action and pr�ceeds as Beneficiary may require.
<br /> The amount received by Beneficiary pursuant t.� t.his Deed of Trust under any fire or other insuranie policy, in
<br /> connection with any condemnation for public use of or injury to such property, for injury or damage to such
<br /> property, or in connection with the transaction financed by the loan secured hereby are to be applied at the option
<br /> of Beneficiary upon any indebtedness secured hereby. No such application, use or release shall cure or waive any
<br /> default or notice of default hereunder or invalidate an�act done pursuant to such notice.
<br /> Consent,Partial Reconveyance,Etc.: At any t.ime, or from time to time, without liability therefor, and without
<br /> notice, upon written request of Beneficiary, and without affecting the personal liability of any person for payment of
<br /> the indebtedness secured hereby, or the lien of this Deed of Trust upon the remainder of s�ch property for the full
<br /> amount of the indebtedness then or thereafter, secured hereby or the rights or powers of the Beneficiary of the
<br /> Trustee with respect to the remainder of such property,�Tnuneera�Y��aaneceasementythe eon, or (d) jopn itn any
<br /> consent to the making of any map or plat there�f, (c) j g 9 Y
<br /> extension agreement or any agreement subordinating the lien or charge hereof.
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