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oc-., 1031.97 FLO 2M least
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<br />consent, waiver or approve thieri under or take any other action in connection therewith, or with a leases thereunder.
<br />which would have the effact of impair" the value of lessors interest thereunder, on the Property subject thereto, or of
<br />Impairing the position or interest of the Trustee or Beneficiary; or (f) sell, assign. pledge. mortgage or otherwise dispose
<br />d, or encumber, its into es in any such lease or any rents, issues or profits issuing or arising thereunder.
<br />12. C4ndoommNm If title to any pat of the Property,shall be taken in condemnation proceedings, by right of eminent
<br />domain or similar action. or shall be sod under threat of condemnation, all awards, damages and proceeds are hereby
<br />assigned and shall be paid to Beneficiary who shall apply such awards damages and proceeds to the sums secured by
<br />the Trust Deed, with the excess, it any, paid to the Trustor. Trustor will promptly, and with due diligence, repair, alterand
<br />raefore the remaining port of the Property to its former condition substantially to the extentthat the same may be feasible
<br />and so as to constitute a complete and nreable unit
<br />13. FuMlnAdvi ltoes.UponrequestotTrustor, Beneficiary, atBeneticiary' s option, prior toteconveyanceofthe Prop" to
<br />the Trustor, may make future advances to the Trwtor_ Such future advances, with interest thereon, shall be secured by
<br />this Trust Deed when evidenced by promissory notes stating the said notes are secured hereby; provided that at no time
<br />shall the secured principal, future advances, not including sums advanced to protect the security, exceed one hundred
<br />percent (100%) of the original principal amounts secured hereby.
<br />14. flNateNSSClratttlNiseAll remediesprovidedinthisTrust Deed aredistinct and cumulativeto any other right orremedy
<br />under this Trust Deed or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />15. Aeook rallow fleawdlee; Sale. Upon default by Trustor in the payment of any indebtedness secured hereby or in the
<br />performance of any agreement hereunder, BwmWc4 y may declare all sums secured hereby immediately due and
<br />payable by delivery to Trustee of written declaration of default The Trust" shall have the power of sale of the Property
<br />and if Beneficiay desires the Property to be sod, it shall deposit with Trustee this Trust Deed and all promissory notes
<br />and documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and
<br />election to causethe Property to besod. and the Trustse in turn shall prepare& similar notice in the form required by law,
<br />which shed be duly filed for record by Trus tee.
<br />(a) After the lapesof such time as may be required by lawfollowing the recordation of said notice of default, and notice of
<br />default and notice of sale having been given as required by law, Trust", without demand on Trustor. shall sell the
<br />Property on the dsteand atthe time and place designated in said noticeof sale, at public auction loth* highest bidder,
<br />the purchase price payable in lawful money of the United States at the time of sale. The person conducting the sal
<br />may, for any cause he deem expedient, postpone the sale from time to time until it shall be completed and. in every
<br />such case, notice of postponement shall be given by public declaration thereof by such person at the time and place
<br />last appointed forth sale; provided, it the sale is postponed for longer than one (1) day beyond the day designated in
<br />the notice of sale, notice thereof shell be given in the same manner as the original notice of sale. Trustee shall execute
<br />and del Fier to the pu rchaser this Deed conveying the Property sold, but without any covenant or warranty, express, or
<br />implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including Beneficiary, may purchase at the sale.
<br />(b) When Trustee sells pursuant to the powers herein, the Trustee shall first apply the proceeds of the sale to payment of
<br />the costs and expanses of exercising the power of sale and of the sale, including the payment of the Trustee's te*sand
<br />expanses actually incurred, which shall include all attom*y's fees incurred by the Trustee in the rendition of his duties
<br />and the Trustseshll be entitled to hire such attomies "he may See fit, including any firm with which Trustee maybe
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<br />associated, and than to the items in subparagraph (c) in the order there stated.
<br />(c) Aker paying the items specified in subparagraph (b) if the sale is by Trustee, or the proper court and other coat of
<br />foreclosure and sale if the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order
<br />stated to the payment of:
<br />(i) Cost of any evidence of title procured in connection with such sale and of any revenue stamps:
<br />(ii) All sums than secured hereby;
<br />(iii) The remainder, if any, to the person legally entitled thereto.
<br />16. Dulles and OONgodonne of Truslee. (a) The duties and obligations of Trustee snail be determined solely by the express
<br />provisions of this Tnutt)eed and Trustee shall not be liable except for the performance of such duties and obligations as
<br />are specifically set forth herein, and no implied covenants or obligations shall be imposed upon Trustee; (b) No
<br />provisions of this Trust Deed shall require Trustee to expend or risk his own funds, or otherwise incur any financial
<br />obligation in theperformance of any of its duties hereunder, or in the exercise of any of its rightsor powers, if it shall have
<br />grounds for believing that the repayment of such funds or adequate indemnity against such risk or liability is not
<br />reasonably assuredto it: (c) Truster may consult with counsel of-his own choosing and the advice of such counsel shall
<br />be full and complete authorization and protection in the respect of arty action taken or suffered by it hereunder in good
<br />faith and reliance thereon; (d) Trustee shalt not be liable for any action taken by him in good faith and reasonably
<br />believed by him to be authorized or within the discretion or rights of powers conferred upon it by this Trust Deed.
<br />17. AdMionalSoctaffy Inalrumente. Trustor, at its expense, will execute and deliver to the Trustee, promptly upon demand,
<br />such security instruments as may be required by Trustee, in form and substance satisfactory to Trustee, covering any of
<br />the Property conveyed by this Trust Deed, which security instruments shall be additional security for Trustoes faithful
<br />performance of all of the terms. covenants and conditions of this Trust Deed. the promissory notes secured hereby, and
<br />any other security instruments executed in connection with this transaction. Such instruments shall be recorded or tiled,
<br />and rerecorded and refiled, at Trustoes expense.
<br />ttl. Due an Sale. !1 the Trustor shall sell, convey, transfer, or dispose of or further encumber the real Property described in
<br />this Trust Deed securing the debtevdenad by the note, or any part of such Property, or any interest therein, oragree to
<br />do so withoutthe written consent of the Beneficiary being first obtained, the Beneficiary shall have the right, at its option,
<br />to declare theentire balance of the unpaid principal and accrued interest to be immediately due and payable and require
<br />prompt payment by Trustor, failure to exercise such option shalt not constitute a waiver of the right to exercise it in the
<br />event of a subsequent default.
<br />19. NNoeNansous.
<br />(a) In the event any one or more of the provisions contained in this Trust Deed, or the promissory note or any other
<br />security instrument given in connection with this transaction shall for any reason be held to be invalid. illegal or
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<br />unenforceable in any respect, Such invalidity, illegality, or unentorceability shall, at the option of Beneficiary, not
<br />affect any other provision of this Trust Deed, but this Trust Deed shall be construed as it such invalid. illegal, or
<br />unenforeesbie orovislon had never been contained herein or therein.
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