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<br />9F_ems necessary to protect its interest including, but not limited
<br />to, disbursement of reasonable attorney fees and entry upon the
<br />Trust Property to make repairs. Any amounts disbursed by
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<br />.At- neficiary pursuant to this paragraph 10, with. interest thereon,
<br />shall constitute Indebtedness of Trustor secured by this Deed of
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<br />rust. Unless Trustor. and Beneficiary agree to other terms o
<br />payment, such amounts.shall be payable upon notice from Beneficiary
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<br />to Trustor requestinq payment thereof, and shall bear interest from
<br />the date of disbursement at the default rate, if any, set forth- in
<br />the Note, or otherwise at the highest rate permitted by law.
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<br />iJOt)inc7 : "contained in this "paragraph shall require Beneficiary,: to
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<br />incur any expense or take any action hereunder.. Trustor
<br />irret'ocably " authorizes and empowers Beneficiary to enter upon ;the
<br />trust'Property as Trustor's 'agent and, in Trustor's name or
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<br />otherwise to per-Form any and all covenants and agreements to. be
<br />erforn!Pd by Trustor as herein provided. beneficiary shall, at its
<br />option,: be subrogated to any encumbrance, lien claim or "deirand an6
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<br />to all rights and securities for the payment thereof paid or,
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<br />discharged by Berificiar_r under the provisions hereof and any suca+
<br />'ul�_= c- gation rights shall be aci.iitional and curuulative securityi for '
<br />this ber-d of "Trust.
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<br />11 . Condemnation. The proceeds of any award or c?<-.im 'for-:
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<br />d.wrarres, direct or consequential, in connection with any
<br />con :A_mnat on or other taking of the Trust Property, or any part
<br />t,'tcrerof,, or for, conveyance in lieu of or in anticipation of
<br />condemnation," are hereby assigned” to and shall be paid to
<br />Reneficiary.' Trustor will file and prosecute, in good faith and "
<br />- th due diligence,, its clain for any such award or payment, a-A .;
<br />irz it cause the same to be collected and paid to Beneficiary, arid,'
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<br />s)tcwlcE -'. it fail to do so, Trustor irrevocable authorizes and'.
<br />enp+cwers Beneficiary, in. the name of Trustor or otherwise, to file,
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<br />P- rosecute, settle or compromise any such claim and to collect,
<br />recei€t for and retain the proceeds. If the Trust Property is,
<br />alrandored by Trustor, or, after notice by Beneficiary to Trustor
<br />- after notice by Beneficiary to-Trustor that the condenmor offers to
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<br />ke a award of settle "a claim_ for damages,` Trustor fails to
<br />rend to Beneficiary within thirty t30) days after the date such
<br />notice ,is mailed, Beneficiary is authorized to collect and apply
<br />the proceeds in the manner indicated herein. The proceeds- of .any
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<br />award. or .:claim ray, after deducting all reasonable costs and
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<br />expenses, including . attorney fees .which may have been incurred by
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<br />PW�nefic iary in the collection thereof, at the, soi? discretion of
<br />Beneficiary, be released to Trustor, applied to restoration. of
<br />Trust' Property, or applied to the payment of the Indebtedness.
<br />alfss Beneficiar;• and Trustor otherwise agree in writing, any such
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<br />a r) 7 _r_a tion _ -of =) roceeds to _ - Indebtedness - - shah -- not - extend -- cr
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<br />restl4:ne the due- date of the Note or the payment of aa ry
<br />ik --il_3ments called for thereunder.
<br />32_ Trustor not Peleased.- Extension of the. time for payment
<br />of n { criification of any amortization of the Indebtedness .granaced by
<br />Beneficiary to any. successor in interest of Trustor shall not
<br />ei.�,�rate to release, in any manner, the liability of Trustor and
<br />-r castor's successors in interest. Beneficiary shell- not be
<br />r-�,Wi: d to commence, proceedings against such successor or refuse
<br />tr,- extend time for payment or otherwise modify amortization of the
<br />ebteriness by reason _or any - demand made by Trustor and- Trustor's
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<br />s,?c ccessors in i ni *rest.
<br />t3. financial Information. Upon request of Berryfi=via -r
<br />Ti =• -tor will pi ov_ide to Beneficiary, within ninety (90) days of t)le
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<br />CI t. -se :each fiscal year of Trustor, tf,c� consolidated- balance-
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<br />!Mr-!et and statement of earnings cat Trustor and any and all.
<br />±?ktarantors of the Indiibtednc ss secured hereby, if any, vnd t i7
<br />p-,-vide arc? deliver to reneficiary such other financial- infr*rmatior:
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<br />and i n such manner a-= E3 =, irF f i e asy may reasonabl. request from tine
<br />fie= ,::ime.
<br />lh, P_ilnancial ov(- nants. In addition to any ether f nanci.?l
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<br />Gr-iisLor, m,ide any other gre(—ment, instrnment or,
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