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<br /> IT IS MUTUALLY AGREED THAT: t94-- 104 713
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<br /> LITita k TION: Trustor shall deiand t1 its Trust in any action or proceeding purp<; Ang to affect such property, whether or not
<br /> it affectti, the security hereaf,,or purporting to affect the rights or powers of Senefirirry of Trustee, and shall file and
<br /> prosecute all necessary claims and itcdc cis to prevent or recover for T.mv damage to or ~~estruction of such property, and
<br /> either Trustee or Beneficiary is herebly authorized. without obligation ss) to do, to cv, iw. menc:e, appear In or defend any such
<br /> action, whether biougM by or aagainsf: Trustor. Beneficiary or Trustee or with or without ssuil, to exercise or enforce any other
<br /> right, remedy or power available or conferred hereunder, whether or not iudgment be entere:i in any action or proceeding;
<br /> and "Trustor or Beneficiary mFsy appear cr intervene in any action or proceeding, and rata ri counsel therein; and take such
<br /> action therein, an either may be advined and may settle, compromise or pay the same or a,iy other claims and, in that behalf
<br /> and for any of said purposes, may exp : id and advance such sums of money as either may,Niem nocers3e:.ry. Whether or not
<br /> Trustor so appears or defend:t, Truss',;.r on demand shall pay all costs and expenses of Wmeficiary and TrustP, r, including
<br /> cost of evidence of tibe and a tomey"s ti3es in a reasonable sum, in any such action or proceeding in we iich Beceficiary or
<br /> Truster: may appear by virtue of belog, made a party defendant or otherwise and irrespctctive of whether the interest of
<br /> Beneficiary or Trustee in such oroperty is directly questioned by such action, including but not limited to, any action for the
<br /> foreclosure of, or sale pro"rtidings under, any secondary lien on such property, condemnaidion or partition of such
<br /> property, and any suit broug;,Q by Bend iclary to foreclose this Deed of Trust.
<br /> CO'NDEMNATiON: All sums due, paid or payable to Trustor, or any successor In interest of Trustor, whether by way of
<br /> judryrnent, s:.Wement or otherwise, (a) lor injury t r damage to such prop", , 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 c It of a!i causes of action, whether accruing before or after the date of this Deed of Trust
<br /> sounding in tort or contract, inwuding ;auses of action for fraud or concealment of a material fact together with the
<br /> settlements, proceeds, awards qnd dam,-,,,W % direct and consequential, in connection theraawith are hereby absolutely and
<br /> irrevocably assigned and shali be pak'^ ,x^ "-rieficiary. Beneficiary shall be entitled, at its option, to commence, intervene In,
<br /> appear In and prosecute In its own nar t any action or proceeding, or to make any compromise or settlement, in
<br /> connection with any such taking or ctarii :go. Trustor agrees to execute such further assignments of any compensation,
<br /> award, damages, rights of action id prt; cc eds as Beneficiary may require.
<br /> All arnounts received by Beneficiary pu! sG 'tnt to this Deed of Trust undtrr any fire or other insurance policy, in connection
<br /> with any condemnation for public use of or irijuryto such property, for iaijury or damage to such hereby are to be applied at
<br /> the option of Eeneficiary upon any indebtedness secured hereby, i he apYplicatiori, use o r release of such amount shall not
<br /> cure or waivs any default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br /> CONSENT, PARTIAL RECONVEY NCE, ETC.: Trustee may, aat any ttr.ne, or from time to time, without liability therefore,
<br /> and without notice, upon written niquest of 13eneficiaiy, and without affecting the personal liability of 0,,Iy person to!'
<br /> payment of the indebtedness secured hereby, or the lien of this Deed of Twist upon the remainder of such property fcr the
<br /> full amount of the indebtedness then or ?hereafter, secured hereby, or the rights or powers of the Beneficiary or the Trustee
<br /> with respect to *:ie rnn:ainder of ;;uch property, (a) reconvey any part of such property, (b) consent to the making of any
<br /> map or plat thereof, (c) join in gr,.riti ng any easement thereon, or (d) join in any extension agreement or any agreement
<br /> subordinating the !ien or charge hereof.
<br /> FULL RECONVEYANCE: That, upon written request of Beneficiary stating that all sum;, secured hereby have been paid
<br /> and all obligations secured hereby Piave 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 /> "hereto", 03uch requests and reconveyance shall operate as a reassignment of the rents, income, issues and profits
<br /> hereintpfot, 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 w:,oliect 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 lime, with or without cause. by notice in
<br /> writing to Trustor, mailed to rustor at his last known address. In any evert, such permission to Trustor shall be
<br /> automatically revoked upon dWauit hereunder by Trustor.
<br /> FINANCI A L 6WORMATION: Trustor will a,ovic',? 41c Beneficiary, within SU days of the close of each fiscal year of Trustor, a
<br /> consolidated balance sheet and statement of earnings of Trustor and any and ail gua.rento.- of the obligations secured
<br /> hereby and will provide and deliver to Beneficiary such other financial information and in such v anr,%,e tea Beneficiary may
<br /> direct from ti.-aae 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 ben compliance with, thefollowing financial covenants: (This parr-graph 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) Cefault shall be made in the payment of any installment of principal or interest oranv other sum secured hereby when
<br /> due; or
<br /> (b) Trustor should breach or otherwise be in default under any term, covenant, agreement, condition, or provision
<br /> contained herein or in any building loan agreement or in >v cry other agreement secured hereby; or
<br /> (c) Any representation or covenant made herein, in any building loan agreement, or in any other agreement secured
<br /> hereby or given !n connection herewith or any indebtedness se:cure-~ hereby should be false or misleading: or
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