87- 1032176
<br />ttnr f:. my .r.•T
<br />ac•nn,'including it ^11.11 'ir,itcd rto my go ti„n• G.r •t. ,,,..,,. ..r
<br />partition if such property.
<br />lo. Condemnation: All sums due, paid or payable to Trustnr, or
<br />any successor Interest of Trustor, whether by way of judgment,
<br />settlement or otherwise, (a) for injury or damage to such property, or
<br />(b) in connection with any condemnation for public use or injury to such
<br />property or any part thereof, or (c) in connection with the transaction
<br />financed by the loan secured hereby, or (d) arising out of all causes of
<br />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
<br />concealment of a material fact, together with the settlements, proceeds,
<br />awards and damages direct and consequential, in connection therewith,
<br />are hereby absolutely and irrevocably - assigned and shall be paid to
<br />Beneficiary. Beneficiary shall be entitled. At its option, to commence,
<br />intervene in, appear in and prosecute in its own name, any action or
<br />proceeding, or to make any compromise or settlement, in connection with
<br />any such taking or damage. Trustor arrecs to execute such further
<br />assignments of any compensation, award, damages, rights of action and
<br />proceeds As Beneficiary may require.
<br />All Amounts r—ived by neneficiary pursuant to this Deed of Trust
<br />under Any fire or other insurance policy. in connection - with any
<br />condemnation for public use of or Injury to such property, for injury or
<br />damage to such property or in connection with the transaction financed
<br />by the loan .erared hereby are to be applied, at the option of
<br />Beneficiarv, upon anv indebtedness secured hereby. No such
<br />application. u r or release shall cure or waive any default• or notice of
<br />default, hereunder or invalidate any act done pursuant to such notice.
<br />I t . f onser-t- Parti.l Reconvevanee. F,tc.: That at Any time, or
<br />from Itmr ?�, F;n�, wtf nut to t rty t ere or, end without notice, upon
<br />written requnct of neneficiary. and without affecting the personal
<br />ilahihty of anv person for payment of the indebtedness secured hereby,
<br />or the lien of thin Deed of Trust upon the remainder of such property
<br />for the full omnunt of the indebtedness then or thereafter secured
<br />hrrehv• or the rights or powers of the Beneficiary or the Trustee with
<br />roepert to the remainder of such property, Trustee may (a) reconvey
<br />anv part of each property, (b) consent to the making of Any map or
<br />pint thereof, (e) join in granting any easement thereon, or (d) join in
<br />anv extension agreement or any agreement subordinating the lien or
<br />charge hereof.
<br />12. Full Reconveyance- That, upon written request of Beneficiary
<br />•tetfng that all sums secured hereby have been paid. Trustee shall
<br />re,onvev, without warranty, the property then hold hereunder. The
<br />recitals In such reconveyance of any matters of fact shall be conclusive
<br />Pronf of the truthfulness thereof. The grantee in such reconveyance
<br />—+ be designated as "the person or persons legally entitled thereto."
<br />Sueh request and reconveyance shall operate as a reassignment of the
<br />realm. Income, issues and profits hereinbefore assigned to Beneficlarv,
<br />I1. Right to Colteci and Receive Rents and Profits:
<br />Notwlthatandrng any o er pro sons eii reof— BeneTictery hereby grants
<br />permiedou to Trustor to collect and retain the rents. Income, issues and
<br />pmnts of such property as they become due and payable, but reserves
<br />the right U, revoke such permission at any time, with or without cause,
<br />by netwe in writing to Trustor, mailed to Trustor at his last known
<br />ad.in•a- In any event. such permission to Trustor autometically shall
<br />he revoked upon default by Trustor in payment of Indebtedness secured
<br />horel,y ,r In the performance of any agreement hereunder. On any such
<br />default. neneficiary may at any time without notice, either in person, by
<br />agent, or he receiver to be appointed by the court, and without regard
<br />to the acequary of env security for the Indebtedness secured hereby,
<br />enter upon and take possession of such property, or any part thereof,
<br />make. cancel, enforce or modify leases: obtain and eject tenants, set
<br />or modify rents: m its own nnme sue or otherwise collect the rents,
<br />Income, issues and profits thereof. Including those past due and unpaid;
<br />_7_
<br />a
<br />
|