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8s- 008119
<br />good operating order and condition and will make, from to time, all repairs, renewals, replacements, additions and improvements which are necessary to such end. No building
<br />or improvement now or hereafter erected upon the Real Estate
<br />shall be altered, moved or demolished without the prior
<br />written consent of Beneficiary.
<br />6. ACTIONS AFFECTING TRUST ESTATE. Trustor shall
<br />appear in an contest any action or proceeding purporting to
<br />affect title to the Trust Estate or the security or priority
<br />hereof or the rights or powers of Beneficiary or Trustee;
<br />and Trustor shall indemnify Trustee and Beneficiary from all
<br />costs and expenses, including cost of evidence of title anC
<br />attorneys' fees, incurred by Trustee and Beneficiary in any
<br />such action or proceeding in which Beneficiary or Trustee
<br />may appear. Should Trustor fail to make any payment or to
<br />do any act as and in the manner provided in any of the Loan
<br />instruments, Beneficiary and /or Trustee, each at its own
<br />discretion, without obligation to do so and without notice
<br />to or demand upon Trustor and without releasing Trustor from
<br />any obligation, may wake or do the same in such manner and
<br />to such extent as either may deem necessary to protect the
<br />security hereof. Trustor shall, immediately upon demand
<br />thereof by Beneficiary, indemnify the Trustee and
<br />Beneficiary from all costs and expenses incurred by Trustee
<br />and Beneficiary in connectio,, wiLl, the exercise by
<br />Beneficiary of the foregoing rights, including without
<br />limitation costs of evidence of title, court costs,
<br />appraisals, surveys and attorney's fees. Any such costs and
<br />expenses not paid within five (5) days of written demand
<br />shall draw interest_ at the deault rate provided in the
<br />Note.
<br />Trustor shall pay and promptly discharge, at Trustor's
<br />cost and expense, ail liens, encumbrances and charges
<br />imposed upon the Trust: Estate, or any part thereof or
<br />interest therein. In the event Trustor fails to discharge
<br />or pay promptly such liens, encumbrances or charges, such
<br />failure shall be consideree an Event of Default and
<br />Beneficiary shall be entitled to all the reMedies provided
<br />under this Deed of Trust or available at law or equity. If
<br />Trustor shall fail to discharge any such lien, encumbrance
<br />or charge, then, in addition to any other right or remedy of
<br />Benef a iary, Benefic.ary may, but shall not be obligated to,
<br />discharge the same, either by paying the amount claimed to
<br />be due, or by procurin6 tine discharge of such lien by
<br />depositing in court a bond or the amount claimed or other-
<br />wise giving security for such clait<,, or in such manner as is
<br />or may be prescribed by law. Any sch payment shall accrue
<br />interest at the default rate provideud in the Note and shall
<br />be payable, together with accr
<br />written demand, ued ic:r x,
<br />erest, incdiately upon
<br />7. EMINENT DOMA12:. Should the Trust Estate, or any
<br />part thereo_ or interest therein, be taken or damaged by
<br />reason of any public improvement or condemnation prcceedit,i;,
<br />or in any other manner including deed in lieu oz
<br />Condemnation ( "Condemnation ") , or :should Trustor receive anv
<br />notice or other information regarding such proceeding,
<br />Trustor shall t;i.ve prompt written notice thereof to
<br />Beneficiary. Beneficiary shall be enti.tlecl tC, 4111
<br />compensation, awards and other payments or relies there
<br />and shall be entitled to its optiot: thereof,
<br />and commence, appear it,
<br />and prosecute in its own name any ;W Clot, or procet:uing,
<br />Beneficiary shall, also be ent:i t led to make any comprot: :.i se or
<br />settlement in cottrcection with such tal-lnt ; or dataap;c . E:1!
<br />such cotstpetasati. «n, awatc; :, cifema# es, r -ights or act i, n .Ind
<br />proceeds awarded <. c, : t tistc,r t, ttl "!'rr,c e.,f »cl;;"
<br />assigned to hull: iEax�Y, < +net 'irusterr r.croces to)c rrceate�teructt
<br />. -i
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