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IT IS MUTUALLY AGREED THAT: 56-- 102471
<br />I,fl'GATIt rN: Tnu :trrr shall defend thi.-Trust in anv action or proceeding purporting to affect such property, whether urnut
<br />If- is the sv,urily hort•ol. or purporting to affect the rights ar p(rwt s of ISeneGciar} u4'hrustre, and shalt lik :md pmsrc ulc
<br />Ill nere-ary cheims and actions to prevent or recnvrr for any danu:ge tit ur destruction of sucIt property. and eilher'l•usU•e or
<br />lieneficiary is herehy authorized, without oblig:rlion so to do. stn coninivnee, appear in or defend any such actirrn, whether
<br />brought by or against.Trustor, lieneficiary or Trustev,o-with or without suit. to exercise or cntorce any other right, rontetiv or
<br />power ov:tilabfe or cctnferre(I hereunder, whether or not judgment he entered in any action or proceeding: and Trustor„r liens`
<br />! icr.u•y nary appear or intervene in any action or proverding, and retain counsel therein; and take such action therein, aseither
<br />ntay he advised and may settle, compromise or pay the same or any other claims and, in I lint behalf and for air 'v of said par
<br />poses, may expend and advance such sums of money as either may deem necessary. Whether or nut "Trustor so appears or de-
<br />li-rids. Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee. including cost of evidence of title and
<br />:,t(ornl•t's fees in a reasonable sum. in any such action or pruceeKling in �.%hich Bene•liciary m- Trusloe may appear hp virtue of
<br />being ntade a party defendant or otherwise and irrespoctiveol'w•hether the interest rrf lieneficiary or Trustee in such property is
<br />directly questioned by such action, including but not limited to, any action for the foreclosure uf, ur sale proceedings under. anY
<br />secondary lien on such property, condemnation or partition of such property, and any suit brought by Beneficiary to foreclose
<br />this Deed of Trust.
<br />CONDEMNATION: All sums due, paid or payable to'rrustor. or any successor in interest of Trustor, whether by way of
<br />)udgment, settlement or otherwise, (a) for injury or damage to such property, or l b) in connection with any condemnation for
<br />public use 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 />.w contract. including causes of action for fraud or concealment (it 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 sh111 be entitled, at its option, to commence, intervene in, appear in and prosecute in
<br />ifs awn name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or dam.
<br />:,ge Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds
<br />;ts lieneficiary may require•.
<br />All antrtunls received by Beneficiary pursuant to this Deed of''rust under any fire or otht•r insurance policy, in connection
<br />with anv cundernoUtion for public use of or injury to such property, for injury or damage to such hereby are to he app Iied;tthe
<br />optima of Beneficiary upon any indebtedness secured herehy. 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 such notice.
<br />CONSENT, PARTIAL RECONVEYANCE, ETC.: Trustee may. at.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 Deed of Trust upon the remainder of such property for the full
<br />amount of the indebtedness the.i 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. Ic) 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 />:ind all 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 he conclusive proof of the truthfulness
<br />I hereof. •i'he grantee in such reconveyance may be designated as "the person or persons legally entitled thereto ". Such requests
<br />:Ind reconveyance shall operate as a reassignment of the rents, income, issues and profits hereinbefore assigned to the Bene-
<br />liciarv.
<br />lilt HTI' OCOLLECT ANDRECEIVF. RENTSANDPROFITS: Notwithstandinganyo therprovisionshereof ,lieneftc•iarc
<br />hereby grants permission to Trustor to cullect and retain the rents, income, issues and prof its of such property as they become
<br />due and payable, but reserves the right to revoke such permission at any time, with or without cause, by notice in writing to
<br />Trustor, mailed to Trustor at his last known address. In any event, such permission to Trustor shall be automatically revoked
<br />upon default hereunder by Trustor.
<br />FINANCIAL INFORMATION: Trustor will provide to Beneficiary, within 911 days of the closeofeach fiscal yearo£'1'rustor,
<br />a consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of the obligations secured here-
<br />by and will provide and deliver to Beneficiary such other financial information and in such manner as Beneftciarymaydirect
<br />from time to time.
<br />FINANCIAL COVENANT: Trustor shall comply with and shall cause any and :dl guarantors of the obligation secured
<br />hereby to comply with, or he in compliance with, the following financial covenants: (This paragraph shall be non - applicable if
<br />covenants and requirements are not filled in below.)
<br />FVENTS OF DEFAULT: Any of the following events shall be deemed an event of def:wlt hereunder:
<br />tit) Default shall be made in the payment of any installment of principal rlr interest r,r any' other sum secured hereby when
<br />due: ur d
<br />Ibr "1'rustur should breach or otherwise be in defau lt under any term. cuvrnnnt, agreement, cundttiun, or provision contained
<br />herein or in any building loan agreement or in any other agreement secured hereby, or
<br />c0'
<br />c: Ana repre•sentatmn ur covenant made herein. In ,toy hnlhhug In;ln ngreoment.:n In .m% other agreement secured hereby +
<br />.•r gr,, -.•n to or nectu,n herewith or arty endeht cd n—s secured hc•r,- shoo id he t:, lsc i its lc; i d, n g: nr
<br /><,1,Frust,,r 1- 11h;i, ,,:ousel rmatt,r,Ir• :,ttf.• red ,• .nlolet,u- ,!•. :r, :t•.,dunt.,ni 1 rte,'.,i,l;r,r•.nii, II p,- ILai
<br />h.•n -uI .:pan . il. ,:,r I >'r' :,, •,:.'I, pr, petI, f'r,., =tar „r any guy r. rrt, , >,I ! Le I r., l r b trdrw vc, urr�t l., . r•i it .boil hrc „me In—i%ens ..r.
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