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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 I
<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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