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<br />10. Protection of Security. If Trustor fails to perform any of the covenants and agreements contained in this Deed of
<br />Trust, or if any action or proceeding is commenced which does or may adversely affect the Trust Property or the
<br />interest of Trustor or Beneficiary therein or the title of Trustor thereto, then Beneficiary, at its option, may perform
<br />such covenants and agreements, make such appearances, defend against and investigate such action or proceed-
<br />ing, and take such other action as Beneficiary deems necessary to protect its interest including, but not limited to,
<br />disbursement of reasonable attorney fees and entry upon the Trust Property to make repairs. Any amounts dis-
<br />bursed by Beneficiary pursuant to this paragraph 10, with interest thereon, shall constitute Indebtedness of Trustor
<br />secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, the amounts shall
<br />be payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date
<br />of disbursement at the default rate, if any, set forth in the Note, or otherwise at the highest rate permitted by law.
<br />Nothing contained in this paragraph shall require Beneficiary to incur any expense or take any action hereunder.
<br />Trustor irrevocably authorizes and empowers Beneficiary to enter upon the Trust Property as Trustor's agent and,
<br />in Trustor's name or otherwise, to perform any and all covenants and agreements to be performed by Trustor as
<br />herein provided. Beneficiary shall, at its option, be subrogated to any encumbrance, lien, claim or demand and to all
<br />right and securities for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any
<br />such subrogation rights shall be additional and cumulative security for this Deed of Trust.
<br />11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Trust Property, or any part thereof, or for conveyance in lieu of or in anticipation
<br />of condemnation, are hereby assigned to and shall be paid to Beneficiary. Trustor will file and prosecute, in good
<br />faith and with due diligence, its claim for any such award or payment, and will cause the same to be collected and
<br />paid to Beneficiary, and, should it fall to do so, Trustor irrevocably authorizes and empowers Beneficiary, in the name
<br />of Trustor or otherwise, to file, prosecute, settle or compromise any such claim and to collect, receipt for and retain
<br />the proceeds. If the Trust Property is abandoned by Trustor, or, after notice by Beneficiary to Trustor that the
<br />condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within
<br />thirty (30) days after the date such notice is mailed, Beneficiary is authorized to collect and apply the proceeds in the
<br />manner indicated herein. The proceeds of any award or claim may, after deducting all reasonable costs and
<br />expenses, including attorney fees, which may have been incurred by Beneficiary in the collection thereof, at the sole
<br />discretion of Beneficiary, be released to Trustor, applied to restoration of Trust Property, or applied to the payment of
<br />the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writing, any such application of proceeds to Indebtedness
<br />shall not extend or postpone the due date of the Note or the payment of any installments called for thereunder.
<br />12. Trustor Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness
<br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability
<br />of Trustor and Trustor's successors in interest. Beneficiary shall not be required to commence proceedings against
<br />such successor or refuse to extend time for payment or otherwise modify amortization of the Indebtedness by
<br />reason of any demand made by Trustor and Trustor's successors in interest.
<br />13. Financial Information. Upon request of Beneficiary, Trustor will provide to Beneficiary, within ninety (90) days of the
<br />close of each fiscal year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any
<br />and all guarantors of the Indebtedness secured hereby, if any, and will provide and deliver to Beneficiary such other
<br />financial information and in such manner as Beneficiary may reasonably request from time to time.
<br />14. Financial Covenants. In addition to any other financial covenants of Trustor made in any other agreement, instrument
<br />or document, Trustor shall comply with and shall cause any and all guarantors of the Indebtedness secured hereby
<br />to comply with, or be in compliance with, the following financial covenants: (This paragraph shall not apply if
<br />covenants and requirements are not set forth herein.)
<br />15. Schedule of Leases. Within 10 days after demand, Trustor shall furnish to Beneficiary a schedule, certified by
<br />Trustor, setting forth all leases of the Trust Property, or any portion thereof, including in each case, the name of the
<br />tenants or occupants, a description of the space occupied by the tenant or occupant, the rental payable for the
<br />space, and other information and documents with respect to such leases and tenancies as Beneficiary may reason-
<br />ably request.
<br />16. Covenants of Trustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not,
<br />directly or indirectly, with respect to any lease of space in the Trust Property, or any portion thereof, whether the
<br />lease is now or hereafter in existence:
<br />(a) Accept or permit any prepayment, discount, or advance payment of rent hereunder in excess of one month;
<br />(b) Cancel or terminate the same, or accept any cancellation, termination, or,surrender thereof, or permit any event
<br />to occur which would occur thereunder to terminate or cancel the same, other than termination for nonpayment
<br />of rent;
<br />(c) Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any
<br />renewal provisions therein contained;
<br />(d) Waive any default thereunder or breach thereof;
<br />(e) Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a
<br />lessee thereunder, which would have the effect of impairing the value of the lessor's interest thereunder or the
<br />property subject thereto, or of impairing the position or interest of Beneficiary therein; or
<br />(f) Sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any lease or any rents,
<br />issues, or profits issuing or arising thereunder.
<br />17. Waiver of Statute of Limitations. Time is of the essence in all of Trustor's obligations and duties hereunder; and to the
<br />extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand,
<br />or obligation secured hereby and any action or proceeding for the purpose of enforcing this Deed of Trust or any
<br />rights or remedies contained herein.
<br />18. Assignment of Deposits. In the event construction of improvements is contemplated by the loan evidenced by the
<br />Note secured hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary all right,
<br />title, and interest to any and all monies deposited by or on behalf of Trustor with any city, county, public body or
<br />agency, sanitary district, utility company, and any other body or agency, for the installation or to secure the installa-
<br />tion of any utility by Trustor pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. If Trustor is a corporation, general partnership, or limited partnership, it will do
<br />all things necessary to preserve its corporate or partnership existence, as the case may be, and all rights and
<br />privileges under the laws of the state of its incorporation or organization.
<br />20. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy
<br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such
<br />right or remedy. The procurement of insurance or the payment of taxes or the discharge of liens or charges by
<br />Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the Indebtedness.
<br />21. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or
<br />remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />22. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con-
<br />tained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Beneficiary,
<br />Trustee, and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and headings
<br />of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the
<br />provisions hereof.
<br />23. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor
<br />provided for in this Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested
<br />addressed to Trustor at its mailing address set forth above or at such other address as Trustor may designate by
<br />notice to Beneficiary as provided herein; and (b) any notice to Beneficiary or Trustee shall be given by certified mail,
<br />return receipt requested, to Beneficiary's and Trustee's mailing address stated herein or to such other address as
<br />Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any notice provided for in this Deed of
<br />Trust shall be deemed to have been given to Trustor, Beneficiary or Trustee when given in the manner designated herein.
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