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F 7
<br />IT 18 MUTUALLY AGREED THAT: 87 1042,32
<br />LITIGATION: Truster shall defend this Trust in any action or proceeding purporting to affect such property, whatherar not
<br />it affects the security hereof. or purporting to affect the rights or powers of Beneficiary of Trustee, and shall file and proswufr
<br />all necessary claims and actions to prevent or recover for any damage to or destruction of such property, and either True! a ,r
<br />Beneficiary is hereby authorized, without obligation so to do, to commence, appear in or defend any such action, - er
<br />brought by or against Truster, Beneficiary or Trustee or with or without suit, 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 Bane•
<br />ficiary may appear or intervene in any action or proceeding, and retain counsel therein; and take such action therein, aseither
<br />may be advised and may settle, compromise or pay the some or any other claims and, in that behalf and for any of said per•
<br />pose may expand and advance such sums of money as either may deem necessary. Whether or not Truster so appears or de.
<br />fends, Truster on demand shall pay all costs and expenses of Beneficiary and Trustee, including cost of evidence of tideand
<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 arty defendant or otherwise and irreopectiveof whether the interestof Beneficiary or Trustee in such property is
<br />directly questioned by such action, including but not limited to, any action for the foreclosure of, or sale proceedings under, any
<br />secondary Hen on each property, condemnation or partition of sack property, and any wait brought by Rensficary to foreclose
<br />this Deed of Trust.
<br />CONDEMNATION: All same due, paid or payable to Truster, or any successor in interest of Trustor, whether by way of
<br />judgmenk settlement or otherwise, (a) for injury or damage to such property, or (b) in connection with any condemnation for
<br />public we or injury to such property or any part thereof, or (c) in 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 shell 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 edam.
<br />age. Truster agrees to execute such farther assignments 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 pursuant to each notice.
<br />CONSENT. PARTIAL RF.CONVEYANCE, ETC.: Trustee may, nt 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 ilred of Trust upon the remainder of ouch 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 of 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 sR 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 reconveyance may be designated as "the person or person legally entitled thereto". Such request@
<br />and reconveyance shall operate as a reassignment of the rents, income, issue and profit* hereinbetare assigned to the Bens
<br />Itclary.
<br />RIGHT TO COId.EGT AN 1) RECEIVE. RENTS AND PROFITS: Notwithstanding any other provisions hereof. Beneficiary
<br />hereby grants permission to Truster to collect and retain the rents, income, issues and profits of such property as they become
<br />dos and payable, but reserves the right to revoke such permission at any time, with or without caws, by notice in writing to
<br />Trw/sr. malted to Trustee at his last known addow, In any event. each permission to Trader shall be automatically revoked
<br />Upon default hereunder by Truster.
<br />EVERM 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) Trualor should breach a otherwise be in default under any tern, 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 />m given in connection herewith or any indebtedness secured hereby should be false or misleading; or
<br />(d) 7rustor shall have procured, permitted or suffered, voluntarily or involuntarily, any creditor to obtain a lien not permitted
<br />herein ups all or part of ouch property; Truster or any guarantorof theindebtedness secured hereby shall become insolvent or
<br />admit in writing it's inability to ay its debts as they mature, or make an assignment for the benefit of creditors or apply for or
<br />consent to the appointuie nt of s receiver or trustee for it or for a substantial part of such property, or such a receiver or trustee
<br />shall be appointed and *W not be discharged within thirty (30) days after appointment; or
<br />_.._
<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 Truster which shall become a lien on
<br />such property of portion thereof or interest therein and such execution, attachment or similar process or judgment is not rr
<br />leased, bonded, satisfied, vacated or stayed within sixty 1811) days after its entry or levy; or
<br />(t) Bankruptcy, insotvency, reorganization, arrangement, or liquidation proceedings or other proceedings for relief under
<br />any bankruptcy tow cc other law for the relief of debtors shall be instituted by or against Trustoror any Guarantor hereof end,
<br />if instituted against each party shall be consented to o shall not be dismissed within sixty (60) days after such institution; or
<br />(g) Truster nr any successor in interest of Trustor, voluntarily or involuntarily should sell, rsnct, convey, transfer, contmel
<br />to sell, lease with option to purchase, sublease, dispose of, change the character or Mae of, or further encumber such property, or
<br />any part thereof, or any interest therein, or if any sold 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 ouch property be subjected to any lien or charge voluntar
<br />ily or involuntarily, contractual or statutory, without the written consent of fleneficiary being first had obtained, or
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