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12.4884/4X N.-GOtHS r attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being. llIlade a party defendant or otherwise and irrespective of whether theiht..reet ()f Beneficiary or Trustee in such property is directly q~s~ .l:l~.. ..~. action, ir.icluding but not limited to any action for the cond-.na~L~ partition of such property. 10. Condemrultion: All sums due, paid. or.. payab1e..tQ~ any successor in interest of Trustor. whether byway of settlement or otherwise, (8) for injury or damage to such p (b) in connection with any condemnation for pubUc UN orinj1.l property or any part thereof. or (c > in connection with tbet~ financed by the loan secured hereby, or (d) arising out of all action, whether accruing before or after the date of thial)e8d.ot, sounding in tort or contract, including causes of action fer ' concealment of a material fact, together with the Nttlements. awards and damages. direct and consequential, in connection .> .... .' are hereby absolutely and irrevocably assigned and shall be .~......~. Beneficiary. Beneficiary shall be entitled, at its option, to CC'1Jl.~' intervene in, appear in and prosecute in its own name, any aetiOD......C)l'. proceeding, or to make any compromise or settlement, in connectiontd~ any such taking or damage. Trustor agrees to execute such ~ assignments of any compensation. award, damages, rights of action _d p1"'~ds 8S Beneficiary may require. ..~__._ _.t____..-I.. 'L.___ _ _.M_':__.... .._...___.....__...... ..:_ #._t!'=~....+c under any fire or other insurance policy. in connection with my condemnation for public use of or injury to such property. for injury or damage to such property or in connection with the transaction financed by the loan secured hereby are to be applied. at the option of Beneficiary. upon any indebtedness secured hereby. No such application. use or release shall cure or waive any default, or notice of default. hereunder or invalidate any act done pursuant to such notice. 11. Consent. Partial Reconveyance. Etc.: That at my time, or from time to time, without liability therefor, 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, OJ' the rights or powers of the Beneficiary or the Trustee with respect to the remainder of such property. Trustee may (a> reconvey any part of such property. (b) consent to the making of any map 01' 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. 12. Full Reconveyance: That, upon written request of Beneficiary stating that all sums secured hereby have been paid. Trustee shall reconvey. with()Ut warranty. the property then held hereunder. The redtals in such reconveyance of any matters of fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be designated 8S "the person or persons legaHy entitled thereto." Such request and reconveyance shall operate as S res81!1ignment of the rents. income, issues and profits hereinbefore assigned to Beneficiary. L 13. illK.ht to Collect and Receive Rents and Profits: Notwithstanarrii any other provisions hereof. Beneficiary hereby granb permission to Trustor to collect Ilnd retain the rents, ineome. lssuefl Ilnd profit!'; of such property as they become due and payable. but reserves the right to revoke such permission at Rny time. with or without t.'lluae, by notic.~ in writing to Trustor, mlliled to Trustor at his lut known address. In IIny event. stich permission to Trustor automatically flhllH 00 revoked upon default by Trustor in payment of Indebtedness secured hereby or in the performance of any agreement hereunder. On !lny su(~h default. Benefldlll'Y may ~t !iny time without notice, either In person. by agent. OJ' by r(K~civer to be appointed by the court, Itnd without I'egarcl to the IIde<!Ullw:y of any !l(Wl1rity for the Indebtedness I'lcel1red hereby. entElI' upon and take pmI!U!~lIlon of "\tell property. or !lny pArt thel'oof. make. clIne,.I, I}nforco 01' modify ICtl!lfHI; ohtnin llnd cjtwt ten!lntl'l. ~wt or modify I'elltl!l; in ittl own /Hlml' Rue or oU1f'rWi~tl l'ollf'<'t I he !'t"ltS. inClJll1(l. humem nnd profitll t1wrl';()f. inelmllnl'l' thmw IlIl Rt lilli' i'I I'd unpllid; 7 ..J