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IT 1S MUTUALLY AGREED THAT: r-+ 104656
<br />LITIGATION: Truster #hall defend this Toast in any action or proceeding purporting to affect such property, 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 prosecute
<br />all necessary claims and actions to prevent or recover for any damage to or destruction of ouch property, and either'I4ustee or
<br />Beneficiary is hereby authorized, without obligation so to do, to commence, appear in or defend any such action, whether:
<br />brought by or against Truster, Beneficiary or Trustee or with or without suit, to exercise or enforce any other right, remedy or
<br />power available or conferred hereunder, whether or not judgment be entered in any action or proceeding; and Truster or Bene-
<br />ficiary may appear or intervene in any action or proceeding, and retain counsel therein; and take such action therein, as either .
<br />may be advised and may settle, compromise or pay the same or any other claims and, in that behalf and for any of asid put
<br />poses, may expend and advance such sums of money as either may doom necessary. Whether or not Truster so appears or de-
<br />fends, Truster on demand shall pay all costs and expenses of ltenefiriary and Trustee, including cost of evidence of title sod ;
<br />attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of
<br />being made a party defendant or otherwise and irrespectivesiftsiheilier the interest of Beneficiary orTruatee in such property is ,
<br />directly questioned by such action, including but not limited to, any action for the foreclosure of, orsele proceedings under, any
<br />`secondary lien on touch 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 Truster, or any successor in interest of Truster, whether byway of
<br />judgment, settlement or otherwise, (a) for injury or damage to such property, or (bl 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 />or contract, including causes of action for fraud or concealment of 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 shall he entitled, at its option, to commence, intervene in, appear in and prosecute iri
<br />its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking ordam-
<br />age. Trsstor ogre" to execute such further assignments of any compensation, award, damages, rights of action and ptoceedig
<br />as Beneficiary may require.
<br />All amounts received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance policy, in connection
<br />with any condemnation for public use of or injury to such property, for injury or damage to ouch hereby are to be applied at the -
<br />option of Beneficiary upon any indebtedness secured hereby. 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 RECON VEYANCE, ETC._ Trustee mnv, at any time, or from time to time, without liability there-
<br />fur, 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 ouch property for the full
<br />amount of the indebtedness then or thereafter, secured hereby, or the rights or powers of the Beneficiary or theTrustee with re-
<br />spect to the remainder of ouch property, (a) reconvey any part of ouch property, (b) consent to the making of any map or plat - -
<br />-. -_ l ens( let 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 havebeen paid
<br />and 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 fad shall be conclusive proof of the truthfulness _
<br />thereof. The grantee in such reconveyonce may be designated as "the person c r persons legally entitled thereto "_ Such request.
<br />and reconveysnce shall operate as a reassignment of the rents, income, issues and profits hereinbefore assigned to the Bent
<br />finery.
<br />RIGHT TO COLLECT AND RECEIVF RENTS AND PROFITS- Notwithstanding any other provisions hereof. Beneficiary
<br />hereby grants permission to Truster to collect and retain the rents, income, issues and profits 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 />Truster, mailed to Trustor at his last known address. In any event, such permission to Truster shall be automatically revoked
<br />upon default hereunder by Truster-
<br />EVENTS OF DEFAULT: Any of the following events shall be deemed an event of default hereunder-
<br />to) Default shall be made in the payment of any installment of principal or interest or any other sum secured hereby when
<br />due, or
<br />(b) Truster should breach or otherwise be in default under any term, covenant, agreement, condition, or provision contained
<br />herein or in any building loan agreement or in any other agreement secured hereby; or
<br />(c) Any representation or covenant mods herein, in any building loan agreement, or in any other agreement secured hereby
<br />or given in connection herewith or any indebtedness secured hereby should be false or misleading; or
<br />(d) Truster shall have procured, permitted or suffered, voluntarily or involuntarily, any creditor to obtain n lien not permitted
<br />herein upon all or port of such property. Truster or any guarantor of the indebtedness secured hereby shall become insolvent or
<br />admit in writing it's irabitity to pay its debts as they mature, or make an assignment for the benefit of creditors or apply for ur
<br />consent to this appointment of a receiver or trustee for of or for a substantial part of such property, or such a receiver or trustee
<br />shall he appointed and shall not he disehorged within thirty 130) days after appointment: or
<br />it) A sent of execution or attachment or any similar process shall be issued (x levied against all nr any pan of or interest in
<br />such property. or any judgment involving monetary damages shall be entered against Truster which shall become it lien on
<br />swch property or portion thereof or interest therein and such execution, attachment or similar process or judgment to not re
<br />tested, bonded, satisfied, vacated or stayed within sixty 060 days offer its entry or levy, or
<br />(0 Bankruptcy, insolvency, rnergsnuauun, arrangement, or liquidation procerdingo or other prot—fingo for rehef under
<br />- any bankruptcy law or other low for the relief o(debtors shall be Instituted by or against Truster or any t:usiantnr hereof aryl.
<br />if instituted against auch party shall ter consented to or dull not he there noted within sixty (6(3) days after such institution, or
<br />fgi 1- ouster - arty surrrssor In interest 4'I'mator, vo!untanly Ire mvrduntanly ahi,uid hail, rxtot_r,nrvrr. translor, �+mtrat-t
<br />to sell. team* with optioo to purr hose, subl*sse, Aitpr»e of, rhsnga the c'haraCter nr uoeor, ,er lurihrt en- oula,r aw h property, sir
<br />aoi pot fh*rmif nr any Interest thereon, or if any sold parties aholl ho diveatrd of title ti curb real pr.yeeett -id an), past thereof
<br />sir any iotrr"t therein ether vuluntar ilv en in vii luntor Iy, sir if title loan, It pngiert v lie sub)r. ir.i fo ens hen oe : I, arar nluntnr
<br />fly if in. "Its"tstnty IUal air #tatuiot'V. *It heart Itit Wrntrn . oioo,ot .�i llri+ fwinI v Ire °init brat had opts {aorij, � *r
<br />I =.
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