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<br />88- 104026
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<br />IT IS MUTUALLY AGREED THAT:
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<br />LITIGATION: Trustor shall defend this Trust In any action or proceeding purporting to affect such property, whether or not
<br />it affects the security hereof, or purporting to affect 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 />either TrustElEl or Beneficiary is hereby aUlhorized, without obligation so to dO,lo commence, appear in or defend any such
<br />action, whether brought by or against Trustor, Beneficiary or Trustee or with or without suit, toexerciseo,r enforcearito~her
<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,~ln 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 fees 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 actlon,lncludlng 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 lurther assignments of any compensation,
<br />award, damages, rights 01 action and proceeds as Beneficiary may require.
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<br />All amounts received by Beneficiary pursuant to this Deed 01 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
<br />the option of Beneliclary upon any indebtedness secured hereby. The application, use or release of such amount shall not
<br />cure or waive any default or notice of 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 of Beneficiary, and without affecting the personal liability of any person for
<br />payment of the indebtedness secured hereby, or the lien 01 this Deed of Trust upon the remainder of such property for the
<br />lull amount of the Indebtedness then or thereafter, secured hereby, or the rights or powers of the Beneficiary or the Trustee
<br />with respect to the remainder 01 such property, (a) reconvey any part 01 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 hereol.
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<br />FULL RECONVEYANCE: That, upon written request of Benellciary 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
<br />property then held hereunder. The recitals in such reconveyance 01 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 />hereinbelore assigned to the Beneficiary.
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<br />RIGHT TO COLLECT AND RECEIVE RENTS AND PROFITS~ Notwithstanding any other provisions hereof. Benefic::iary
<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 lime, with or without cause, by notice 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 01 the close of each liscal year of Trustor. a
<br />consolidated balance sheet and statement 01 earnings of Trustor and any and all guarantors 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 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 in compliance with, the lollowing 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 ollhe lollowing events shall be deemed an event ot delault hereunder:
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<br />(B) Default shall be made In the payment 01 any Installment of principal or interest or any other sum secured hereby when
<br />due; or
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<br />(b I Trustor should breach or otherwise be In default under any term, covenant, agreement, condition, or prOVision
<br />contalned herein or In any building loan agreemenl or in any other agreement secured hereby; or
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<br />( c) Ar-y representation or covenant made herein. In any building loan agreement, or In any other agreement secured
<br />hereby Of given In connection herewith or any Indebtedness &ei:ured hereby should be .aise or misleading, or
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