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-- 86-- 104404 IT IS MUTUALLY AGREED THAT: LITIGATION: Trustor shall defend this Trust in any action or proceeding purporting to affectauch property, whetheror not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary ofttuatee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property, and either Trustee or Beneficiary is hereby authorized, without obligation so to do, to commence, appear in or defend any such action, whether brought by or against Trustor. Beneficiary or Trustee or with or without suit, to exercise orenforce any other right, remedy or power available or conferred hereunder, whether or not judgment be entered in any action or proceeding; and Trustor or Bene- ficiary may appear or intervene in any action or proceeding, and retain counsel therein; and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in that behalf and for any of said pur- poses, may expend and advance such sums of money as either may deem necessary. Whether or not Trustot so sppears or de- fends, Trustor on demand shall pay all costa and expenses of Beneficiary and Trustee, including cost of evidence of title and attomey's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to, any action for the foreclosure of, or male proceedings under, any secondary lien on such property, condemnation or partition of such property, and any suit brought by Beneficiary to foreclose this Deed of Trust. CONDEMNATION: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or otherwise, (a) for injury or damage to such property, or (b) in connection with any condemnation for public use or injury to such property or any part thereof, or (c) in connection with the transaction financed by the loan secured 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 or contract, including causes of action for fraud or concealment of a material fact together with the settlements, proceeds, a- wards and damages, direct and consequential, in connection therewith are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall he entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or dam- age. Trustor agrees to execute much further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may require. All amounts received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance policy, in connection with any condemnation for public use of or injury to such property, for injury or damage to such hereby are to be applied at the option of Beneficiary upon any indebtedness secured hereby. The application, use or release of such amount shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. CONSENT, PARTIAL RECONVF,YANCE, ETC.: Trustee may, at any time, or from time to time, without liability there- for, and without notice, upon written request of Beneficiary, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, or the lien of this Deed of Trust upon the remainder of such property for the full amount of the indebtedness then or thereafter, secured hereby, or the rights or powers of the Beneficiary or theTrustee with re- spect to the remainder of such property, (a) reconvev any part of such property, (b) consent to the making of any map or plat thereof, (c) join in granting any easement thereon, or (d) join in any extension agreement or any agreement subordinating the lien or charge hereof. S FULL RECONVEYANCE: That, upon written request of Beneficiary stating that all sums secured hereby have been paid and all obligations secured hereby have been satisfactorily performed, Trustee shall reconvey, without warranty, the property �g then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be designated as "the person or persons legally entitled thereto ". Such requests and reconveyance shall operate as a reassignment of the rents, income, issues and profits hereinbefore assigned to the Bene- ficiary. RIGHT TO COLLECT AND RECEIVE RENTS AND PROFITS: Notwithstanding any other provisions hereof, Beneficiary hereby grants permission to Trustor to collect and retain the rents, income, issues and profits of such property as they become due and payable, but reserves the right to revoke such permission at any time, with or without cause, by notice in writing to Trustor, mailed to Trustor at his last known address. In any event, such permission to Trustor shall be automatically revoked upon default hereunder by Trustor. EVENTS OF DEFAULT: Any of the following events shall be deemed an event of default hereunder: (a) Default shall be made in the payment of any installment of principal or interest or any other sum secured hereby when due; or (b1 Trustor should breach or otherwise be in default under any term, covenant, agreement, condition, or provision contained herein or in any building loan agreement or in any other agreement secured hereby; or (c) Any representatinn or covenant made herein, in any building loan agreement, or in any other agreement secured hereby or given in connection herewith or any indebtedness secured hereby should be false or misleading; or (d) Trustnr shall have procured, permitted or suffered, voluntarily or involuntarily, any creditor to obtain it lien not permitted herein upon all or part of such property; Trustor or any guarantorof the indebtedness secured hereby shall become insolvent or admit in writing it's inability to pay its debts as they mature, or make an assignment for the benefit of creditors or apply for or consent to the appointment of a receiver or trustee for it or for a substantial part of such property, or such a receiver or trustee shall be appointed and shall not he dimcharged within thirty (30) days after appointment; or (e) A writ of execution or nttac•hment or any similar process shall he Issued or levied against all or any part of or interest in such property, or any judgment involving monetary damages shall be entered against Trustor which shall become it lien on such property or portion thereof or interest therein and such execution, attachment or similar process or judgment is not re leased, bonded, satisfied, vacated or strived within sixty (60) days after its entry or levy: or (f) Bankruptcv, insolvency, reorganixalion, arrangement, or liquidation proceedings r other proceedings fi r relirf under L anybankruptcv low or other law for the rvliefofdebtorsehalll x• instituted hyorogainstlrumtororanvGuorantorhereofand. if instituted against such party shall he consented to or shall not be dismissed within Ntxt\ (Fill) days alter Ruch institution, or n, igl Truntur nr uny sarresROr to interest „f I n(stur, vuluntnnly or tnvulun 4rnly should sell, evert con+,•c. transfer r,mtrr_.t 1" sell, lease with option t„ pureha -, Publeasl dimpose of. ('hmnge the character „r uRe of nr further en. uotber su,, h pv,perli ,r �tny part then•of, nr any interest therein, nr rf mry said parties shall he divested of line to such real properly it-any part thereof, ' oranv interest therein eithervoluntarilyorinvoluntarily, ortftitletoR uchpropertybeRUb )rct+aitear.vlienor,iutrge+ dent: +r fly ,!r involuntarily, contractual or statutory, without the e'ntten consent of fienenrv,rc hetng first bur' ,htmned. VI-32 ..�