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<br />~a~a L~ ~~C~L, ~~ <br />-5- <br />discretion, without obligation so to do and without notice to or <br />demand upon TRUS'I'OR and without releasing TRUSTOR from any obligation, <br />may make or do the same in such manner and to such extent as either <br />may deem necessary to protect the security hereof. TRUSTOR shall, <br />immediately upon demand therefor by iENEFICIARY, pay all costs and <br />expenses incurred by BENEFICIARY in connection with the exorcise by <br />BENEFICIARY of the foregoing rights, including without limitation <br />costs of evidence of title, 'court costs, appraisals, surveys and <br />attorney's fees. Any such costs and expenses not paid within ten <br />(10) days of written demand sriall draw interest at the default rate <br />provided in the NOTE. <br />7. BENEFICIARY MADE A PARTY TO LITIGATION. If BENEFICIARY is <br />made a party to any litigation concerning this DEED OF TRUST AND <br />SECURITY AGREEMENT or the premises or any part thereof or therein, <br />or the occupancy thereof by TRUSTOR, then TRUSTOR shall indemnify, <br />defend and held harmless the BENEFICIARY from all liability by <br />reason of said litigation, including reasonable attorney's fees and <br />expenses incurred by TRUSTOR in any such litigation, whether or not <br />any such litigation is prosecuted to judgment. If TRUSTOR breaches <br />any term or condition of this DEED OF TF2UST AND SECURITY AGREEMENT, <br />BENEFICIARY may employ an attorney or attorneys to protect its <br />rights hereunder, and in the event of such employment following any <br />breach by TRUSTOR, TRUSTOR shall pay such reasonable attorney's <br />fees and expenses incurred by BENEFICIARY whether or not an action <br />is actually commenced against the TRUSTOR by reason of the breach. <br />8. EMINENT DOMAIN. Should the TRUST ESTATE, or any part thereof <br />or interest therein, be taken or damaged by reason of any public <br />improvement or condemnation proceeding, or in any other manner <br />including deed in lieu of Condemnation ("Condemnation"), or should <br />fiRUSfiOR receive any native or other information regarding such <br />proceeding, TRUSfiOR shall give prompt written notice thereof to <br />BENEFICIARY. BENEFICIARY shall be entitled to all compensation, <br />awards and other payments or relief therefor to the extent of the <br />then remaining unpaid balance of the indebtedness secured hereby <br />together with any accrued interest or other advancements which <br />award or payms~nt shall be applied to reduce said indebtedness, and <br />ehaii be i3rititled at its vpitiGri to comrnerice, appear in aitu prose- <br />