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2 01008360 mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable without ten (10) days prior written natice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for oxdinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. 4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights ar pawers of Beneficiary ar Trustee, and shall pay all costs and expenses, including cost of evidence af title and attorney's fees, in any such action or praceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Ber►eficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, irnmediately upon detnand therefore by Beneficiary, pay all casts and expenses incurred by Beneficiary in connection with the exercise by Bene�ciary of the foregoing rights, including without limitation costs of evidence af title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (lp) days of written demand shall draw interest at the default rate provided in the Note. 5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest thereirt, be taken or damaged by reason of any public improv�ment or condemnation proceeding, ar in any other manner including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Bene�ciary. Bene�ciary shall be entitled to all campensation, awards and other payments ar relief therefore, and shall be entitled at its option to cornmence, appear in and prosecute in its own narne "any action or proceedings. Sen�ficiary shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, right of action and proceeds awarded to Trustar (the "Proceeds") aze hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require.