,.
<br />87- 105�6AI
<br />6,1-iris Ir(.�'ceasarry tro protoct: its intorost: including, but not lini.ted
<br />to, disbursement of reasonable attorney fear and entry lti."olr the
<br />Trr,st Property to mako repairs. Any amounts disbursed by
<br />Rrlieficiary pursuant to this paragraph 10, with interest thereon,
<br />shall. constitute Indebtedness of Trustor secured by this Deed of
<br />Trust. Unless Trustor and Beneficiary agree to other terms of
<br />payment, such amounts shall be pavablc upon notice from Beneficiary
<br />to Triisto.r requesting payment the_�reof, and shall bear interest from
<br />the (late of disbursement tit the default rate, if any, scrt forth in
<br />the Note, or otherwise at tho highest rate permitted by law.
<br />:nothing contained in this paragraph shall require Beneficiary to
<br />incur any expen:cr of take any action hereunder. Trustor
<br />irrclvoe-ably authorizes and empowers Beneficiary Lo enter upon the
<br />trust: Property as Trustor's agent and, in Trustor's name or
<br />ot.herwi.sr- to perform any and all. covenants and agreements to be
<br />peri'ormed by Trustor as herein provided. beneficiary shall, at its
<br />option, be subrogated to any encumbrance, lien, claim or demand and
<br />to all rights and securities for the payment thereof paid or
<br />discharged by Berif.iciary under the provisions hereof and any such
<br />,;ubrogation rights shall be addi.ti.onal and cumulative security for
<br />this Dr( -ri of Trust.
<br />i 1 . c.ondemnati.on. The: proceeds of any award or claim for
<br />ci Irr.:re!; , direct or. c onsequentin1 in connection with any
<br />c.onrlcannation or other taking of the 'Crust Property, or any part
<br />thereof, or for conveyance in lieu of or in anticipation of
<br />condemnation, ai-e hereby a:.-.signed to and shall be paid to
<br />Beneficiary. Trustor will file and prosecute, in good faith and
<br />v.,ith due diligence, its claim for any such award or payment, and
<br />will cause the same to be collected and paid to Beneficiary, and,
<br />should it fail to do so, Trustor irrevocable authorizes and
<br />empowers Beneficiary, in the name of Trustor or otherwise, to file,
<br />,- rosecute, settle or compromise any such claim and to collect,
<br />recei.rrt for and retain the proceeds. If the Trust Property is
<br />abandoned by Trustor, or, after notice by beneficiary to Trustor
<br />after notice by Beneficiary to Trustor that the condenmor offers to
<br />make an award of settle a claim for damages, Trustor fails to
<br />repend to Beneficiary within thirty (30) 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
<br />award or claim my, after deducting all reasonable costs and
<br />expenses, including attorney fees, which may have been incurred by
<br />Beneficiary in the collection thereof, at the soli discretion of
<br />Beneficiary, be released to Trustor, applied to restoration of
<br />Trust Property, or applied to the payment of the Indebtedness.
<br />Unless Beneficiary and Trustor otherwise agree in writing, any such
<br />application of proceeds to Indebtedness shall not extend or
<br />postpone the due date of the Note or the payment of any
<br />i,•:•tal.lments called for thereunder.
<br />!2. Trustor not Released. Extension of the time for payment
<br />or modification of any amortization of the Indebtedness granted by
<br />Beneficiary to any successor in interest of Trustor shall not
<br />c!prrate to release, in any manner, the liability of Trustor and
<br />Trustor's successors in interest. Beneficiary shall not be
<br />reyui -red to commence proceedings against such successor or refuse
<br />to clxtend time for payment or otherwise modify amortization of the
<br />ji,ddbtedness by reason of any demand made by Trustor and Trustor's
<br />!ii- Cessors in i ntarrest.
<br />it rinancia1. information. Upon request of Beneficiary,
<br />Tii3Otor will. provide, to Benceficiary, within ninety (90) days of the
<br />• o
<br />�trgge f each li -seal year
<br />of Trustor, Hio consolidated balance
<br />ct+- c!t :.trtd statorncrtt: of ear.niiiq –,, of Trustor and any and all
<br />of thr. Indobtedru as secured hr,roby, if any, and will
<br />,arc-vide and d liver to Ronr.f.iciary such ot•hrr financial iruormat: ion
<br />and !l) such mauurel tt:c B -nef i c i ary may reasonably jr quest from time
<br />t r•' t. i nu . .
<br />f•I. 1'i.nanc.:i.: ±I. Cvvc rrnnt :, fn addition ic) rury other f i.nrtnc.ittl
<br />—f 't'rnr,t c-r uc;crlo i r rinv rrtlrr!r trlr ur rn. ni , inr,t.rilment or
<br />j
<br />St.
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