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201000943 <br />8. Inspection. Beneficiary or its agents may, at all reasonable times, enter upon the Trust Property for <br />the purpose of inspection. Beneficiary shall have no duty to make such inspection and shall not be liable to Trustor <br />ar to any person in possession if it makes or fails to make any such inspection. <br />9. Protection of Security. If Trustor fails to perform any of the covenants and agreements contained <br />in this Deed of Trust, or if any action or proceeding is commenced which does or may adversely affect the Trust <br />Property or the interest of Trustor or Beneficiary therein or the title of Trustor thereto, then Beneficiary, at its optian, <br />may perforna such covenants and agreements, make such appearances, defend against and investigate such action or <br />proceeding and take such other action as Beneficiary deems necessary to protect its interest including, but not limited <br />to, disbursement of reasonable attorney fees and entry upon the Trust Property to make repairs. Any amounts disbursed <br />by Beneficiary pursuant to this paragraph 9, with interest thereon, shall constitute Indebtedness of Tnistor secured by <br />this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be payable <br />upon notice from Beneficiary to Trustar requesting payment thereof, and shall bear interest from the date of <br />disbursement at the default rate, if any, set forth in the Note, or otherwise at the highest rate permitted by law. Nothing <br />contained in this paragraph shall require Beneficiary to incur any expense or take any action hereunder, Trustor <br />irrevocably authorizes and empowers Beneficiary to enter upon the Trust Property as Trustor's agent and, in Trustor's <br />name or otherwise to perform airy and all covenants and agreements to be performed by Trustor as herein provided. <br />Beneficiary shall, at its optian, be subragated to any encumbrance, lien, claim nr demand and to all rights and securities <br />for the payment thereof paid or discharged by Beneficiary under the provisions hereof and any such subrogation rights <br />shall be additional and cumulative security for this Deed of Trust. <br />l0. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of the Trust Property, or any part thereof, or for conveyance in lieu <br />of or in anticipation of condemnation, are hereby assigned to and shall be paid to Beneficiary. Trustor will file and <br />prosecute, in good faith and with due diligence, its claim for any such award or payment and will cause the same to <br />be collected and paid to Beneficiary, and, should it fail to da so, Trustor irrevocably authorizes and empowers <br />Beneficiary, in the name of Trustor or otherwise, to file, prosecute, settle or compromise any such claim and to collect, <br />receipt for and retain the proceeds. If the Trust Propearty is abandoned by Trustor, or, after notice by Beneficiary to <br />Trustor that the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to <br />Beneficiary within thirty (30) days after the date such notice is mailed, Beneficiary is authorized to collect and apply <br />the proceeds in the manner indicated herein. The proceeds of airy award or claim may, after deducting all reasonable <br />costs and expenses, including attorney fees, which may have been incurred by Beneficiary in the collection thereof, <br />at the sole discretion of Beneficiary, lie released to Trustor, applied tc restoration of Trust Property, or applied to the <br />payment of the Indebtedness- Unless Beneficiary and Trustor otherwise agree in writing, any such application of <br />proceeds to Indebtedness shall not extend or postpone the due date of the Note or the payment of any installments called <br />for thereunder. <br />11. Trustor NotReleased Extension of the time for payment or modification of any amortization of the <br />Indebtedness granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, <br />the liability of Trustor and Trustar's successors in interest. Beneficiary shall not be required to commence proceedings <br />against such successor or refuse to extend time far payment or otherwise modify amortization of the Indebtedness by <br />reason of arty demand made by Trustor and Trustor's successors in interest. <br />12. Finarlc~ Information. Trustor will provide to Beneficiary such financial information regarding <br />Trustor and/or George J. C7verfield, Jr. as Beneficiary may reasonably request from time to time. <br />13. ,schedule of Lease. Within ten (10) days after demand, Tn~stor shall furnish to Beneficiary a <br />schedule, certified to by Trustor, setting forth all leases of the Trust Property, or any portion thereof; including in each <br />case, the name of the tenants or occupants, a description of the space occupied by such tenant or occupant, the rental <br />payable for such space, and such other information and documents with respect to such leases and tenancies as <br />Beneficiary may reasonably request. <br />