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<br />the performance of any of its duties hereunoer, or in the exercise of any of its ngnts or powers, it it snau nave gruunua aan
<br />believing that the repavment of such funds or adequate indemnity atrainst such risk or liability as not reasonably assured to it;
<br />iv) Trustee may consult with counsel of its own ehotming and the advise of such counsel shall he full and complete
<br />:authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and in reliance thereon;
<br />t d )'i'rusive shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within
<br />the discretion or rights of powers conferred upon it by this Deed of Trust.
<br />TRUSTEE'S FEES: Trustor expressly covenants and agrees to pay and discharge all cost, fees and expenses of this Deed of
<br />Trust, including in the event of sale by the Trustee of such property, the'rrustee's costs, expenses and fees, which fees shall not
<br />exceed&5M.fX) plus 16 of 11. of the amount secured hereby and remaining unpaid.
<br />SUBSTITUTION OF TRUSTEE: That Beneficiary may, from timeto time, by instrument in writing, substitute a successor
<br />or successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary
<br />and recorded in the office of the register of deeds of the county or counties where such property is situated, shall be conclusive
<br />proof of proper substitution of such Trustee or Trustees who shall without conveyance from the Trustee predecessor, succeed to
<br />all its title, estate rights, power and duties.
<br />NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiary of any right under this Deed of Trust shall be
<br />effective unless in writing. Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of
<br />Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any
<br />future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any
<br />payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform or by
<br />adding any payment so made by Trustee or Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its
<br />right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts
<br />required hereunder, or to declare a default for failure so to pay.
<br />WAIVER OF STATUTE OF LIMITATIONS: Time is of the essence in alt Trustor's obligations hereunder; and to theextent
<br />permitted by law. Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation
<br />secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
<br />INSPECTION AND BUSINESS RECORDS: Beneficiary at any time during the continuation of this Trust may enter and
<br />inspect such property at any reasonable time. Trustor agrees that, when requested by Beneficiary. Trustor will promptly
<br />deliver to Benefciary such certified financial statements and profit and loss statements of such types and at such intervals as
<br />may he required by Beneficiary which will be in form and content prepared according to the usual and acceptable accounting
<br />principles and practices, which statements shall cover the financial operations relating to Trustor or such property and
<br />Trustor further agrees when requested by Beneficiary to promptly deliver in writing such further additional information as
<br />required by Beneficiary relating to any such financial statements.
<br />REMEDIES: No remedy herein provided shall be exclusive of anv other rer eAy herein or now or hereafter existing by law.
<br />but shall be cumulative. Every power or remedy hereby given to Trustee or t • Beneficiary or to which either o f t hem maybe
<br />iAherwise entitled, maybe exercised from time to time and. as often its m a 3 '•e deemed expedient by them, and either of them
<br />may pursue inconsistent remedies. If Beneficiary holds any additional set : for any obligation secured hereby. it may
<br />,nforce the sale thereof at its option, either before, contemporaneously with, or after the sale is made hereunder and on anv
<br />default of Trustor, Beneficiary may, at its option, offset against any indebtedness secured hereby, and the Beneficiary is
<br />hereby authorized and empowered at its option, without anv obligation so to do. and without affecting the obligattons hereof,
<br />to apply toward the payment of any indebtedness of the Trustor to the Beneficiary. any and all sums of money of Trustor which
<br />may have in its possession or under its control, including without limiting the generality of the foregoing any savings account,
<br />deposit, investment certificate, escrow or trust funds.
<br />LAW APPLICABLE. That this Deed of Trust shall be construed according to the Lawn of the state of ___'_.i'r: ar, ca
<br />iLLEGALITY In the event that any provision or clause of this 0"d of Trust conflicts with applicable law, such conflict
<br />.hall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this
<br />end the provisions of this Deed of Trust are declared to be severable.
<br />GENERAL. PROVISIONS. is) This Deed of Trust applies n,, inures to the benefit of, and binds all parties hereto, theirheirs,
<br />legatees, devisees, administrators, executors, successors and assigns (b) the term "Beneficiary" shall mean the owner and
<br />holder (including a pledgee) of any note secured hereby, whether or not names as Beneficiary herein (c) Wherever the context
<br />so requires. the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d)
<br />Captions and paragraph headings used herein are for convenience only, are not apart of this agreement. and shall not be used
<br />in construing it If more than one person is named herein as Trustor, each obligation of Trustor shall he the )pint and several
<br />obligation of each such person. The rights or remedies granted hereunder. or by law, shall not be exclusive, but shall he
<br />concurrent and cumulative.
<br />TRUSTEE ACC'EFTS this Trust when this Deed, duly executed and acknowledged, is made a public rw-urd us provided by
<br />law. Trustee is not obligated to notify anv party hereto of pending sale under any other Deed of Trust or any action or
<br />proceeding in which Trustor. Beneficiary or Trustee shall be a party, unless brought by Trustee.
<br />Mailing address for notices to Trustor
<br />IN WI'i'NF.Sb WM'r.RF:OF. Trustor has executed this Deed of Trust un the date first above written
<br />ct'
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