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<br />TRUSTEE, including costs of evidence of title and attorney's fees in a reasonable sum,
<br />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
<br />interest of BENEFICIARY or TRUSTEE in SUCH PROPERTY is directly questions by
<br />such action, including but not limited to any action for the condemnation or partition of
<br />SUCH PROPERTY and any suite brought by BENEFICIARY to foreclose this Deed of
<br />Trust.
<br />Condemnation: All sums due, paid or payable to TRUSTOR, or any successor
<br />in interest of TRUSTOR, whether by way of judgment, settlement or otherwise, (a) for
<br />injury or damage to SUCH PROPERTY, or (b) in connection with any condemnation for
<br />public use or injury to SUCH PROPERTY or any part thereof, or (c) in connection with
<br />the transaction financed by the loan secured hereby, or (d) arising out of all causes of
<br />action, whether accruing before or after the date of this Deed of Trust, sounding in tort
<br />or contract, including causes of action for fraud or concealment of a material fact
<br />together with the settlements, proceeds, awards and damages, direct and
<br />consequential, in connection therewith, are hereby absolutely and irrevocably assigned
<br />and shall be paid to BENEFICIARY, subject however to the rights of the holder of any
<br />prior lien. BENEFICIARY shall be entitled, at its option, to commence, intervene in,
<br />appear in and prosecute in its own name, any action or proceeding, or to make any
<br />compromise or settlement, in connection with any such taking or damage. TRUSTOR
<br />agrees to execute such further assignments of any compensation, award, damages,
<br />rights of action and proceeds as BENEFICIARY may require.
<br />The amount received by BENEFICIARY pursuant to this Deed of Trust under any
<br />fire or other insurance policy, in connection with any condemnation for public use of or
<br />injury to SUCH PROPERTY, for injury or damage to SUCH PROPERTY, or in
<br />connection with the transaction financed by the loan secured hereby are to be applied
<br />at the option of BENEFICIARY upon any indebtedness secured hereby. No such
<br />application, use or release shall cure or waive any default or notice of default hereunder
<br />or invalidate any act done pursuant to such notice.
<br />Consent, Partial Reconveyance, Etc.: That at any time, or from time to time,
<br />without liability therefore, and without notice, upon written request of BENEFICIARY,
<br />and without affecting the personal liability of any person for payment of the
<br />indebtedness secured hereby, or the lien of this Deed of Trust upon the remainder of
<br />SUCH PROPERTY for the full amount of the indebtedness then or thereafter secured
<br />hereby, or the rights or powers of the BENEFICIARY or the TRUSTEE with respect to
<br />the remainder of SUCH PROPERTY, TRUSTEE may (a) reconvey any part of SUCH
<br />PROPERTY, (b) consent to the making of any map or plat thereof, (c) join in granting
<br />any easement thereon, or (d) join in any extension agreement or any agreement
<br />subordinating the lien or charge hereof.
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