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<br />IT IS MUTUALLY AGREED THAT:
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<br />88-101575
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<br />LlTIGA TION: Trustor shall delend Ihis Trust in any action or proceeding purporting 10 aHect such property, whether or not
<br />it affects the security hereof, or purporting to aHect ihe rights or powers of Beneficiary of Trustee, and shall file and
<br />prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property, and
<br />eltherTrustee or Beneficiary is hereby authorized, without obligation so 10 do, to commence, appear in ordefend any such
<br />action, whether brought by or against Trustor, Beneficiary or Trustee or with or without suit, to exercise or enforce any other
<br />right, remedy or power available or conferred hereunder, whether or not judgment be entered in any action or proceeding;
<br />and Trustor or Beneficiary may appear or intervene in any action or proceeding, and retain counsel therein; and take such
<br />action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, In that behalf
<br />and for any of said purposes, may expend and advance such sums of money as either may deem necessary. Whether or not
<br />Trustor so appears or defends, Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee, including
<br />cost of evidence of title and attorney's lees in a reasonable sum, in any such action or proceeding in which Beneficiary or
<br />Trustee may appear by virtue of being made a party defendant or otherwise and Irrespective of whether the interest of
<br />Beneficiary or Trustee in such property is directly questioned by such action, Including but not limited to, any action forthe
<br />foreclosure of. or sale proceedings under, any secondary lien on such property, condemnation or partition of such
<br />property, and any suit brought by Beneficiary to foreclose this Deed of Trust.
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<br />CONDEMNATION: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of
<br />judgment, settlement or otherwise, (a) for injury or damage to such property, 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 out of all causes of action, whether accruing before or after the date of this Deed of Trust,
<br />sounding in tort or contract, including causes of action for fraud or concealment of a material fact together with the
<br />settlements, proceeds. awards and damages, direct and consequential, in connection therewith are hereby absolutely and
<br />irrevocably assigned and shall be paid to Beneficiary. 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 compromise or settlement, in
<br />connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation,
<br />award. damages, rights of action and proceeds as Beneficiary may require.
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<br />All amounts received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance polley, in connection
<br />with any condemnation for public use of or injury to such property, for injury or damageto such hereby are to be applied at
<br />the option of Beneficiary upon any indebtedness secured hereby. The application, use or release of such amount shall r.ot
<br />cure or waive any default or notice 01 default hereunder or invalidate any act done pursuant to such notice.
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<br />CONSENT, PARTIAL RECONVEYANCE, ETC.: Trustee may, at any time, or from time to time, without liability therefore,
<br />and without notice, upon written request 01 Beneficiary, and without affecting the personal liability of any person for
<br />payment of the indebtedness secured hereby, or the lien of this Deed of Trust upon the remainder of such property for the
<br />full amount ofthe indebtedness then or thereafter, secured hereby, or the rights or powers of the Beneficiary or the Trustee
<br />with respect to the remainder of such property, (a) reconvey any part of such property, (b) consent to the making of any
<br />map or plat thereof, (c) join in granting any easement thereon, or (d) join in any extension agreement or any agreement
<br />subordinating the lien or charge hereof.
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<br />FULL RECONVEYANCE: That, upon written request of Beneficiary stating that all sums secured hereby have been paid
<br />and all obligations secured hereby have been satisfactorily per1ormed, Trustee shall reconvey, without warranty, the
<br />pror.;erty 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 />thereto". Such requests and reconveyance shall operate as a reassignment of the rents, income, issues and profits
<br />hereinbofore assigned to the Beneficiary.
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<br />RIGHT TO COLLECT AND RECEIVE RENTS AND PROFITS: Notwithstanding any other provisions hereof, Beneficiary
<br />hereby grants permission to Trustor to collect 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 time, with or without cause, by r.otice in
<br />writing to Trustor, mailed to Trustor at his last known address. In any event, such permission to Trustor shall be
<br />automatically revoked upon default hereunder by Trustor.
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<br />FINANCIAL INFORMATION: Trustor will provide to Beneficiary, within 90 days of the close of each fiscal year ofTrustor, a
<br />consolidated balance sheet and statement of earnings of Trustor and any and all Quarantors of the obligations secured
<br />hereby and will provide and deliver to Beneficiary such other financial information and in such manner as Beneficiary may
<br />direct from tim!! to time.
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<br />FINANCIAL COVENANT. Trustor shall comply with and shall cause any and all guarantors of the obligation secured
<br />hereby to compiy with, or be in compliance with, the following financial covenants: (This paragraph shall be non-applicable
<br />if covenants and requirements are not filled in below.)
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<br />EVENTS OF DEFAULT: Any of the !ollowing events shall be deemed an event of delault hereunder:
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<br />(aJ Default shall be made in the payment of any installment of principal or Interest or any other sum secured hereby when
<br />due; or
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<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 any other agrP.ement secured hereby; or
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<br />( c) Any representation or covenant made herein. in any building loan agreement. or in any other agreement secured
<br />hafeby or given In connection herewith or any indebtedness secured hereby should be false or mIsleading; or
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