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80-. ~ ~
<br />1.1D Ground Leases. To pay when due all rents and other payments and perform alt eavenants and
<br />agsecr.,ents contained in any lease, sublease or ground :ease which may constitute a portion of or an imtrtst in
<br />the Trust Estate; not to surrender, assign or sublease any such lease, sublease or ground tease, nor take any othtt
<br />action which would tffeci or permit the termination of any such tease, sublease or g:aund lease. Trtstor
<br />covenants to furnish to Beneficiary within thirty (3Q) days after the date upon which such rents or other payments
<br />are due and payable by Trustor, receipts or other evidence satisfactory•to 8eneficiary• evidencing the paymept
<br />thereof.
<br />1.11 Actions Affecting Trust Estate. To appear in and contest any action or proceeding purporting to of-'
<br />feet zhe security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and: expenses;-ig•
<br />eluding cost of evidence of tirle and attorney's fees, in any such action or proceeding in which Beneficiarypr-
<br />Trustee may appear.
<br />1.12 Actions by Trustee and/or Beneficiary to Preserve Trust Estate. That should Trustor fail to-make atilt'::
<br />payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary andfor-
<br />Trustee, each in its own discretion, without obligation so to do and without notice to or demand upoo-Trustor
<br />and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent
<br />as tither may deem necessary to protect the security hereof. in connection therewith`(witfiouf limiting their
<br />general powers), Beneficiary and/or Trustee shall have and are hereby given theright, bu[ not-the obligation, (i)>-
<br />to enter upon and take possession of the Trust. Estate; (ii) to make additions, alterations, repairs and im-
<br />provements to the Trust Estate which they or either of them may consider necessary or proper to keep the Tnrst
<br />Estate in good condition and repair, (iii) to appear and participate in any action or proceeding-affecting or which -
<br />may affect the security hereof ar the rights or powers of Beneficiary ar Trustee; (iv) to pay; purchase, cdntest or
<br />compromise any encumbrance, claim, charge, lien or debt which in the judgm°nt of either may affect or appears .
<br />to affect the security of his Deed of Trust or be prior or superior hereto; and (v} in-exercising such powers,-to pay:- -. - - --- .-
<br />necessary expenses, including cmploymen[ of counsel or ocher necessary or desirable consultants_Tiustor-shall; - - -~
<br />immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in con-
<br />nection with the exorcise by Beneficiary of the foregoing rights, including without limitation costs of evidence of
<br />title, court costs, appraisals, surveys and attorney's fees. '
<br />1.13 Survives! of Warranties. To Cu13y and faithfully satisfy and perform the obligations of Trustorcon-
<br />rained in any Buy and Seil Agreement, the Trustor's loan application and Beneficiary's loan cammitmen[, and
<br />any such application and commitracm herwren 'Trustor and an}' assignee of Beneficiary, and each agreement of
<br />Trustor incorporated b}' reference therein or herein, and any modificadan or amendment thereof, and all, repre-
<br />sentations, warramits and covenants of Trustor contained therein ar incorporated by reference shall survive the
<br />close of escrow and funding of [he loan evidenced by the Nate and shall remain continuing obligations, warran-
<br />ties and representations of Trustor during "any time when any portion of the obligations secured by this Dted of
<br />Trust remain outstanding.
<br />1.14 Eminent Domain. That shauld the Trust Estate, ar any part thereof ar interest therein, bt taken or
<br />damaged by « ason of any public improvement or condemnation proceeding, or in any other manner ("Con-
<br />demnatian"}, ar shauld Trustor rtceive any native or other information regarding such pratttding, Trustor shad
<br />give prcmpt rvriiten Rotic't thereaf to Btnttieiary.
<br />(a} IItnet:ciary shat! bt ~,,...itd tc all campcns.,.ion, »,rds end <sthe paymtn.., ::r .tiiei ,.._.etac, and
<br />shall be emitted at its aptiaa to tem.-:thee, appear i .and prosecute in its own ran;e any notion or proceedings.
<br />Aeneficiary shail'alsa be enti[Icd to make any compromise ac settlement in ennnection with such taking or
<br />damages All such compensation, awards, damages, rights oC action and precttds awarded m Trustor (the
<br />"Proceeds") art hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the
<br />Proceeds as Beneficiary or Trustee may rtyuire.
<br />(b) [n the event any portion of the Trust Estate is so taken or damaged, Beneficiary shall have the option,
<br />in its sale and absolute discretion, to apply ail such Proceeds, after deducting therefrom all tests and expenses
<br />(regardless of the particular nawre thereof and whether incurred with yr without suit), including attorneys' lets,
<br />incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such order as
<br />Beneficiary may dsttrmine, or to apply a!! such Proceeds, after such deductiurs, to the restoration of the Tr!~si
<br />Estate open such conditions as Beneficiary may determine. Such application or release shall not cure or waive
<br />any default or native oC default hereunder or invalidate any act done pursuant to such notiet.
<br />1.i5 Additional Security. That in the event Benefrciary at any time holds additional security for any of the
<br />alsligations soured hereby, it may enforce the Bats thereof ar otherwise realize upon the same, at its op4on,
<br />either before or concurrently hcrowith or after a sale is made hereunder.
<br />.:.
<br />_ _ _ fr ~,r °- -'ire' m.. .`r.. ° ..._.
<br />€, - t enr a reel,: -cr ~stec. °--- : i `p, rr, ~„:,c to :.nu, oy a s.r~tttn ...,trump nt
<br />executed and acknowled~~ed by Beneficiary, mailed to Cru~tur and ricur.ivd in the County in whi+lt the Trust I state
<br />is ]orated and by othcru•ise complying with the pravisians of the ;,ppiicahle law of the State of 1`'t'~t''{''ka . avb-
<br />stitute a successor or successors to the Tru+tee nanred herein ar acting ht:tunder.
<br />1.17 Successors and Assigns. That this Deed of Trust applies to, inures to the benefit of and binds all par-
<br />tits hereto, their heirs, !ages{ees, devisees, adminstrators, extcrnors, successors and assigns. "i'he term
<br />"Beneficiary" shall mean the owner and holder of the Nate, whether ar not r.amtd as Bcnc!ictary herein.
<br />1.18 ln~cctions. That Beneficiary, or its agents, representatives or workmen, are aurharirtd to corer at
<br />any rtasanablc time upon ar in any part of the Trust Estate far the purpose oC in;ptcting the saint and for the
<br />purpose of performing any of the acts it is authorized to perform under the ttrnrs of any of the Loan Instruments.
<br />6.
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