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to, disbursement of reasonable attorney's fees and entry upon the Property to make
<br />repairs.
<br />Effective automatically upon the occurrence of an Event of Default, Trustor
<br />irrevocably authorizes and empowers Lender to enter upon the Prolorty as Truster's
<br />&seat and, in Truster's name or otherwise to perform any and all covenants and agree-
<br />mats to be performed by Truster an herein provided. Under shall, at its option, be
<br />subrogated to any encumbrance, lien, claim or demand and to all rights and securities
<br />for the payment thereof paid or discharged by Lender under the provisions hereof and
<br />any such subrogation rights shall be additional and cumulative security for this
<br />Trust Deed.
<br />7. Condemnation. The proceeds of any award or claim for damages, direct
<br />or consequential, in connection with any condemnation or other taking of the Prop-
<br />erty, or part thereof, or for conveyance in lieu of or in anticipation of condemns-
<br />tion, are hereby assigned to and shall be paid to Lender. Truster will file and
<br />prosecute, in good faith and with due diligence, its claim for any such award or
<br />payment, and will cause the same to be collected and paid to Lender, and, should it
<br />fail to do so, Trustor irrevocably authorizes and empowers Lender, in the name of
<br />Truster or otherwise, to file, prosecute, settle or compromise any such claim and to
<br />collect, receipt for and retain the proceeds. If the Property is abandoned by
<br />Truster, ir if, after notice by Lender to Trustor that the condemnor offers to make
<br />an award or settle a claim for damages, Trustor fails to respond to Leader within
<br />thirty (30) days after the date such notice is mailed, Lender IS alltrhorized to col-
<br />lect and apply the proceeds in the manner indicated herein. The proceeds of any
<br />award or claim may, after deducting all reasonable costs and expenses, including
<br />attorney fees, which may have been incurred by Lender in the collection thereof, at
<br />the sole discretion of Lender, be released to Trustor, applied to restoration of the
<br />Property, or applied to the payment of the Indebtedness.
<br />B. Trustor Not Released. Extension of the time for payment or modifica-
<br />Lion of any srtization of the Indebtedness granted by Lender to Trustor or
<br />Borrowers or any successor in interest of Truster shall not operate to release, in
<br />any manner, the liability of the Trustor, Borrowers or Trustor's successors in
<br />interest. Lender shall not be required to commence proceedings against such
<br />successor or refuse to extend time for payment or otherwise modify amortization of
<br />the Indebtedness by reason of any demand made by the Trustor, Borrowers or Trustor's
<br />successors in interest.
<br />9. Forbearance by Lender Not a Waiver. Any forbearance by Lender in
<br />exercising any right or remedy hereunder, or otherwise afforded by applicable law,
<br />shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance or the payment of taxes or tire discharge of liens or charges
<br />by Lender shall not be a waiver of Lender's right to accelerate the maturity of the
<br />Indebtedness.
<br />10. Remedies Cumulative. All remedies provided in this Trust Deed are
<br />distinct and ciim_liiive to any other right or remedy under this Trust Deed or affor-
<br />ded by law or equity, and may be exercised concurrently, independently or succes-
<br />sively. Duties imposed upon Lender under this Trust Deed and under any other docu-
<br />ment evidencing indebtedness or other collateral security shall. not be construed to
<br />be cumulative and shall be construed in the context of the purpose of the document
<br />and the nature of the particular collateral,
<br />III Successors and Assigns Bound; Joint and Several Liabilityl_qa
<br />_p1ions.
<br />The covenants and herein contained shall bind, and the rights hereunder
<br />shall inure to, the respective successors and assigns of Lender, Borrowers and
<br />Truster, subject to the provisions of paragraph 14(f) hereof. All covenants and
<br />agreemorats of Trustor shall be joint and several. The captions and headings of the
<br />paragraphs of this Trust Deed are for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />)V<
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