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IT IS MUTUALLY AGREED THAT: <br />LITIGATION: Trustor shall defend this Trust in any action or proceeding purporting to affect such WOPWV, whether or not <br />it affects the security hereof, or purporting to affect the rights or powers of Beneficiary of Trustee, and shall file and <br />pro uto, all necessary claims and actions to prevent or recover for any damage to or destruction of such Prop", and <br />either Tru or Beneficiary is hereby authorized, without obligation so to do, to commence, appear in or defend any such <br />other <br />action. whether brought by or against Truslor, Beneficiary or Trustee or with or without suit to exercise or enforce any <br />right, romisoy or power avjsilable or conferred hereunder, whether or not judgment be entered In any faction or proceeding; <br />and Trustor or Beneficiary may appear or Intervene in any action o(procoodIng, and retain munsol therein; and take such <br />action therein, as either maybe advised and may settle. compromise or pay the some or any other claims and, in that or <br />and tar any of said pu either may expend and advance such sums of money as e may doom necessary. V4he#w <br />Trusifor so appears or s, Trustor on demand shall pay all costs and expenses of Beneficiary and Tr WOO, including <br />cost of evidence of title and atirney's fees in a reasonable sum, in any such action or proceeding in which BermficWY Or <br />Trustee may appear by virtue of being made a party defendant or otherwise and Irrespective of whether the interest of <br />Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to, any action for the <br />foreclosure of, or sale proceedings under, any secondary lien on such property, condemnation or partition of such <br />property, and any suit brought by Beneficiary to foreclose this Deed of Trust. <br />CONDEMNATION: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of <br />f judgment settlement or otherwise, (a) for injury or damage to such property, or (b) in connection with any condemnation <br />for public use or Injury to such property or any part thereof, or (c) in connection with the transaction financed by the Iran <br />secured hereby or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, <br />sounding in ort or contract including causes of action for fraud or concealment of a material fact together with the <br />settlements, proceeds, awards and damages, direct and consequential, in connection therewith are hereby absolutely and <br />irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, <br />appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in <br />connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, <br />award, damages, rights of action and proceeds as Beneficiary may require. <br />All amounts received by Beneficiary pursuant to this Deed of Trust under any fire orother 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 <br />the option of Beneficiary upon any indebtedness secured hereby. The application, use or release of such amount shall not <br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />CONSENT, PARTIAL RECONVEYANCE, ETC.: Trustee may, at any time, or from time to time, without liability therefore, <br />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 Deed of Trust upon the remainder of such property for the <br />full amount of the indebtedness then or thereafter, secured hereby, or the rights or powers of the Beneficiary or the Trustee <br />with respect to the remainder of such property, (a) reconvey any part of such property, (b) consent to the making of any <br />map or plat thereof, (c) join in granting any easement thereon, or (d) join in any extension agreement or any agreement <br />subordinating the lien or charge hereof. <br />FULL RECONVEYANCE: That upon written request of Beneficiary stating that all sums secured hereby have been paid <br />and all obligations secured hereby have been satisfactorily performed. Trustee shall reconvey, without warranty, the <br />property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the <br />truthfulness thereof. The grantee in such reconveyance may be designated as "the person or persons legally entitled <br />thereto ". Such requests and reconveyance shall operate as a reassignment of the rents, income, issues and profits <br />hereinbefore assigned to the Beneficiary. <br />RIGHT TO COLLECT AND RECEIVE RENTS AND PROFITS: Notwithstanding any other provisions hereof, Beneficiary <br />hereby grants permission to Trustor to collect and retain the rents, income, issues and profits of such property as they <br />become due and payable, but reserves the right to revoke such permission at any time, with or without cause, by notice in <br />writing to Trustor, mailed to Trustor at his last known address. In any event, such permission to Trustor shall be <br />automatically revoked upon default hereunder by Trustor. <br />FINANCIAL INFORMATION: Trustor will provide to Beneficiary, within 90 days of the close of each fiscal year of Trustor, a <br />consolidated balance shoot and statement of earnings of Trustor and any and all guarantors of the obligations secured <br />hereby and will provide and deliver to Beneficiary such other financial information and in such manner as Beneficiary may <br />direct from time to time. <br />FINANCIAL COVENANT: Trustor shall comply with and shall cause any and all guarantors of the obligation secured <br />hereby to comply with, or be in compliance with, the following financial covenants: (This paragraph shall be non - applicable <br />it covenants and requirements are not filled in below.) <br />