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IT IS MUTUALLY AGREED THAT: 88- 1 n 2 �j
<br />LITIGATION: Truster shall defend this Trust in any action or proceeding purporting toaffect such pprol4y w1ther or not
<br />it effects the security hereof, or purporting to affect the rights or powers of Beneficiary of Trustee, and shall file and prosecute
<br />all necessary claims and actions to prevent or recover for any damage to or destrucion of such property, and either Trustee or
<br />Beneficiary is hereby authorized, without obligation so to do, to commence, appear in or defend any such action, whether
<br />brought by or against Truster. Beneficiary or Trustee or with or without sulk to exercise or enforce any other right, remedy or
<br />power available or conferred hereunder, whether or not judgment be entered in any action or proceeding; and Truster or Bene•
<br />ficiary may appear or intervene in any action or proceeding, and retain counsel therein; and take such action therein, as either
<br />may be advlsod and may settle, compromise or pay the same or any other claims and, in that behalf and for any of said purr
<br />poses, may expend and advance much sums of money Y either may deem necessary. Whether or not Trustor so appears or de.
<br />fends, Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee, including cost of evidence of title and
<br />attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of
<br />being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is
<br />directly questioned by such action, including but not limited to, any action for theforeclosure of, or sale proceedings under, any
<br />secondary lien on such property, condemnation or partition of such property, and any suit brought by Beneficiary to foreclose
<br />this Deed of Trust.
<br />CONDEMNATION: All sums due, paid or payable to Truster, 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 for
<br />public use or injury to such property or any part thereof, or (cjin connection with the transaction financed by the loan secured
<br />hereby or (d) arising out of all causes of 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 together with the settlements, proceeds, a-
<br />wards and damages, direct and consequential, in connection therewith are hereby absolutely and irrevocably assigned and
<br />shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in
<br />its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or dam.
<br />age. Trustor agrees to execute such further aeaignments of any compensation, award, damages, rights of action and proceeds
<br />as Beneficiary may require.
<br />All amounts received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance policy, in connection
<br />with any condemnation for public use of or injury to such property, for injury or damage to such hereby are to be applied at the
<br />option of Beneficiary upon any indebtedness secured hereby. The application, use or release of such amount shall not cure or
<br />waive any default or notice of default hereunder or invalidate any act done pnnuant to such notice.
<br />CONSENT, PARTIAL RECONVEYANCE, ETC.: Trustee may, at any time, or from time to time, without liability there-
<br />for. and without notice, upon written request of Beneficiary, and without affecting the personal liability of any person for
<br />payment of the indebtedness secured hereby, or the lien of this Dead of Trust upon the remainder of such property for the full
<br />amount of the indebtedness then or thereafter, secured hereby, or the rights or powers of the Beneficiary or the Trustee with re-
<br />spect to the remainder of such property, (a) reconvey any part of such property, (b) consent to the making cf any map or plat
<br />thereof; (c) join in granting any easement thereon, or (d) join in any extension agreement or any agreement subordinating the
<br />lien or charge hereof.
<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 performed. Trustee shall reconvey, without warranty, the property
<br />then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the truthfulness
<br />thereof. The grantee in such reeonvsyance may be designated as "the person or persons legally entitled thereto ". Such requests
<br />and reconveyance shall operate as a reassignment of the rents, income, issues and profits hersinbefore assigned to the Bens-
<br />ficim '
<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 become
<br />due and payable, but reserves the right to revoke such permission at any time, with or without cause, by notice in writing to
<br />Trustor, mailed to Trustor at his last known address. In any went, such permission to Trustor shall be automatically revoked
<br />upon default hereunder by Trustor.
<br />EVENTS OF DEFAULT: Any of the following events shall be deemed an event of default hereunder.
<br />(a) Default shall be made in the payment of any installment of principal or interest or any 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 contained
<br />herein or in any building loan agreement or in any other agreement secured hereby; or
<br />(c) Any representation or covenant made herein, in any building loan agreement, or in any other agreement secured hereby
<br />or given in connection herewith or any indebtedness secured hereby should be false or misleading; or
<br />(d) Trustor shall have procured, permitted or suffered, voluntarily or involuntarily, any creditor to obtain alien not permitted
<br />herein upon all or part of such property; Trustor or any guarantor of the indebtedness secured hereby shall become insolvent or
<br />admit in writing it's inability to pay its debts as they mature, or make an assignment for the benefit of creditors or apply for or
<br />consent to the appointment of a receiver or trustee for it or for a substantial part of such property, or such a recover or trustee
<br />shall be appointed and shall not be discharged within thirty (80) days after appointment; or
<br />(e) A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest in
<br />such property, or any judgment involving monetary damages shall be entered against Trudar which shall become a lien on
<br />such property or portion thereof or interest therein and such execution, attachment or similar process or judgment is not re-
<br />leased. bonded, satisfied, vacated or stayed within mlxty (80) days after its entry or levy; or
<br />(f) Bankruptcy, insolvency, reorganization, arrangement, or liquidation proceedings or other proceedings for relief under
<br />any bankruptcy law or other law for the relief of debtors shall be instituted by or against Trustor or any Guarantor hereof and,
<br />if instituted against such party shall be consented to or shall not be dismissed within sixty (60) days after such institution; or
<br />(11) Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact, convey, transfer, contract
<br />to sell, lease with option to purchase, sublease, dispose of, change the character or use of, or further encumber such property, or
<br />any part thereof, or any interest therein, or if any said parties shall be divested of title to such real property of any part thereof,
<br />or any interest therein either voluntarily or involuntarily, or if title to such property be subjected to any lien or charge voluntar
<br />ily or involuntarily, contractual or statutory, without the written consent of Beneficiary being first had obtained, or
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