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<br />88- 103086
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<br />LITIGATION: Truslor shall defend tllis Trust if' any aclion or proceeding pl;rporting to affect such property. whether or nol
<br />It affecls the security hereof. or purporting I') affecllhe rig his or powers of Beneficiary of Trustee. and shall file and
<br />prosecute all necessary claims and actions 10 prevenl or recover for any damage to or destruction of such property, and
<br />either Trustee or Beneficiary is hereby authorized. without obligallon so to do. to commence. appear in or defend any such
<br />action. whelher brought by or againsl Trustor. Beneficiary or Trustee or with or without suit. to ellercise or enforce any other
<br />right, remedy or power avaliabie or conferred hereunder. whether or not judgment be entered in any action or proceeding;
<br />and , r Jstor 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 Of pay the same or any other claims and. in that behall
<br />and for any 01 said purposes. may expend and advance such surrs 01 money as either may deem nec&ssary. Whether or not
<br />Trustor so ap.-ears or defends. Trustor on demand shall pay all costs and expenses of Beneficiary and Truste*,. including
<br />cost of evidence 01 title and attorne)'s fees in a reasonable sum, in any such action or proceeding in which Beneficiary or
<br />Trustee may appear by virtue of baing made a party defendant or otherwise and irrespective of whether the interest ot
<br />BenefiCiary or Trustee rn such property is directly questioned by such action. including but not limited to. any action for the
<br />loreclosure 01, or sale proceetiings under. any secondary lien on such property, condemnation or partition of such
<br />property, and any suit brought by BenefiCiary to loreclose this D&ed 01 Trust.
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<br />IT IS MUTUALLY AGREED THAT.
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<br />CONDEMNATION: All sums due, paid or payable to Trustor, or any successor In interest 01 Trustor, whether by way of
<br />Judgment settlement or otherwise, (a) for Injury or damage to such property, or (b) 10 connection with any condemnation
<br />lor public use or injUry to such ;lroperty or any part Ihereof. or (c) in connection wilh ihe transaction financed by the loan
<br />secured hereby or ( d ) Bnslng out of all causes 01 action, whether accrUing belore or after the date 01 this Deed of Trust
<br />soundmg m tort or contra~t, Including cause,; 0' acllon lor Iraud or concealment 01 a matenal fact together with the
<br />settlements. proceeds, awards and de mages, direct and consequential. In connection therewith are hereby absolutely and
<br />Irrevocably assigned and shall be paid to Beneficlaf'j Benelrclary shall be entttled, at Its option, to commence. mtervene in,
<br />appear m and prosecute in Its Dwn name, any action or proceeding, or to make any compromise or settlement In
<br />connection with any such taking or damage Trustor agrees to executa suCh further assignments of any compensation,
<br />award. damages, fights of acllOn and proceeds as Aenellclary may require
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<br />All amounts received by Beneficiary pursuantto thiS Deed 01 Trust under any Irre or other Insurance policy, In connection
<br />With any condemnation lor publiC use of or If'JUry to such property, for injury or damage to such hereby are 10 be applied al
<br />Ihe option 01 BenefiCiary upon any Indebtedness secured hereby The application, use or release of such amount shall not
<br />cure or waive any default or nollee of delault hereunder or Invalidate any act done pursuant to such notice.
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<br />CONSENT, PARTIAL RECONVEY ANCE, ETC ,ruslee !lay, at any time, or from lime to lime, Without liability therefore,
<br />and Without notice. upon wfltten request 01 Beneficiary and Without affecting the f,lersonal liability 01 any person lor
<br />payment of the Indebtedness secured hereby. or Ihe lien of thiS Deee: 01 Trust upon the remamder of such property for the
<br />lull amount ot the 'ndebtedness then or thereafter, secured hereby, or the fights or powers otthe Beneficiary or the Trustee
<br />With respect to the remainder 01 such Droperty, (a) reconvey any pa~ 01 such property, (b) consent to the making of any
<br />map 01 pial thereol, ( c ) 10m In granting any easementtnereon, or (d) Jom In any extenSion agreemenl or any agreement
<br />subordinating the lien or charge hereol
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<br />FULL RECONVEYANCE. That upon wntten request f)f Benelrclary statmg that all sums secured hereby have been paid
<br />and all obligallons secured hereby have beer. sattsfactonly performed. Trustee shall reconvey. Without warranty, the
<br />property then held hereunder The reCitals In such reco/'l'leyance 01 any matters 01 fact shall be conclusive proof of the
<br />truthlulness !hereot The grantee In such reconveyance may be deSignated as "the person or persons legally entitled
<br />Ih8r8to" Such requests and reconveyance shall operate as a reassignment 01 the rents, Incomp.. Issues and profits
<br />harombolore asslgnod to the BenefiCiary,
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<br />RIGHT TO COLLECT AND RECEIVE RENTS AND PROFITS NotWithstanding any other prOVISIOns hereol, BenefiCiary
<br />110raby grants permiSSion to Truslor 10 collect and retain the rents, Income, Issues and profits of such property as they
<br />become duo and payable, but reservl"S the nght 10 revoke suCh permiSSion at any time, With or without cause. by nol1ce In
<br />wnhng to Truslor, mailed to Trustor at hiS last known address In any event. such permiSSion to Trustor shall be
<br />automatically revoked upon del6lult hereunder by Trustor.
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<br />FINANCIAL INF ORMA nON T ruslor Will prOVide to Benehclary. wnrlln 90 days 01 Ihe ciose of each fiscal year of Trustor, a
<br />consolidated balance sheet and statement of earnrngs of Trustor and any and all guarantors of the obligations secured
<br />hereby and Will prOVide and deliver to Benehclary such other ftnanClallnlormatlon and ,n such manner as BenefiCIary may
<br />dl/ecltrom time to time.
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<br />FINANCIAL COVENANT Trustor shall comply With and shall cause any and all guarantors 01 the obligation secured
<br />hereby to comply with. or be tn compliance with,ihe follOWing finanCial covenants (ThiS paragraph shall be non-applicable
<br />" covenants and reqUIrements are not filled In below)
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<br />EVENTS OF DEFAULT Any 01 the follOWing Clients shall be deemed an event of delault hereunder
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<br />(a, Defaul! shaH be made In the payment 01 any Installment 01 pllnclpal or tnterest 01 any other sum secured hereby when
<br />due, or
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<br />(b I Trus'or should broach or othorwIse be In de1aull under any term coveni1nl 1qr.lt~fl1."nt l'l,nl1Itlon l'lr {:HClVISI('\r'l
<br />r.untBlnlld herein or 'r. any building loan ag,eemont or In IIny olher agreement SCCUI(.tl '1(>rl't,~, elf
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<br />I ( , An'f fJ'JpHJfl.OntllhOfl or covenant made horOln, In any building loan ngrenrTH~nl I)' Ir' an~' OH'(H illJ'Pt:'ITlt'nt St",,"U1Pt1
<br />tw.tp.b.,. 0' 1J''Ion In connochon horowlth Of an'llndeb'odn09U securud hfHOby f;tloul\1 btl tal511lll rnlsl(lfH1lnq ,H
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