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<br /> Z.Qg�B File No. 958 �_
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<br /> � 98- 1c�10�.�
<br /> � 3ection 1.13. ]�at+ons bv Ben�liai.arv pndlo Trust�e to Ps���rv� MorE_Qao�d
<br />_ � prop�r�tv_. should Truator fail to make any payment or to da any act as and in the
<br /> manner provided in thia Deed of Trust, Beneficiary, in its oole discret ion,
<br /> „.;.� without obligation to do ao and without notica to or dentand upon Tru�tor and •'
<br />- • �'' � without releasing Trustor from any secured Obligation, may make or do L-he eame ��.��
<br /> �, in such ma�er and to such exGent as Seneficiary may deem necessary to protect ;
<br /> the securit heraof. In connection therawith (without limiting ita geriezal �;�
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<br />- �. powera) , Beneficiary ahall have and ia hereby given the right, but not the ___
<br /> t� obligation: (i) to Qnter upon and take posaesaion of the Mortgaged Propezty; (ii)
<br /> � Co direct Truator to tezminate �ry management agent and to employ auch manag�ment �
<br /> � agent as Beneficiary may determine in its aole discretionj (iii) to maka _
<br />- additions, alterationa, repairs and improvementa to the Mortgaged Property which
<br /> it may coneider neceasary or proper to keep the Mortgaged Property ia good
<br /> , condition and repairj (iv) to appear and parti.cipate in any action or proceeding --
<br /> affeotiag or which may a£fect the aecurity hereof or the righ�e or powera of
<br /> Beneficiary or TrusteeJ (v) to pay, purchase, contest or compiom3�e any
<br /> encumbrance, claim, charge, lien or debt which in the judgment of Beneficiary may =
<br /> ` affeat or appears to affect the aecurity of this Desd of Truat or be prior or "_
<br /> superior heratot and tvi) in exercising such p�wers, to pay necessary expensea, F_
<br /> � including employment of counsel or o+�her necesoary or desirable consultants. --
<br />� �� Trustor shall immediately upon demand therefor by Beneficiary pay all costs and _
<br /> expenses incurred by Beneficiary in connection with the exerciae by Beneficiary -
<br />". of the foregoing rights, including without limitation coata of evidence of title, ___
<br /> court cos�s, apprnisals, ourveys and attorneys' f eea.
<br /> . Section 1.14. Survival of j�arranti�a. Trustor shall fully and faith�ully
<br /> � eatisfy and perfozm the Secured Obligations. All repreaentationa, warrantier.3and
<br /> • covenanta of Trustor contained herein ahall remain cunxinuing ocligalioaa,
<br /> � warranties and repreaentationa of Trustor during any time when any portion of the
<br /> 1 Secured Obligatione remain outatanding.
<br /> section 1.15. �ia�nt Domaita. Should the Mortgaged Property, oz any part
<br />-� • ' thereof or intereat therein, be taken or damaged by reaoon of any public
<br />- �- � improvement or condemnation proceeding, or in any other manner ("Condemnation") ,
<br />=+ or ahould Trustor receive any notice or other inEormation regarding such
<br /> s•' • proceeding, Trustor ahall give prompt written notice thereof to Benefic iary.
<br /> 1 , � Beneficiary may participate in any such Condemnation proceedings, and Trus�or
<br /> � � � shall from time to time deliver to Beneficiary all instrumente requested by
<br />;:;.�'�' Beneficiary to permit auch participation. Trustor shall, at its expenae,
<br /> • • � diligently prosecute any such praceedings and shall coneult with Beneficiary and
<br /> •� �• its attorneys and experta, and cooperate with them in the carrying on or defense
<br />_�. . ,� � of any auch proceedinga. All proceeds of Condemnatton awards or proceeda o£ sale -
<br />= in lieu of Condemnation with respect to the Mortgaged Property and all judgments,
<br /> a�� decreea and awards for injury or damage to the Mortgaged Property or any part --
<br /> thereof or. intereet therein shall be paid to Beneficiary and shall be applied -
<br /> ���' • first to all coets and expenaea incurred by Beneficiary in obtaining the pro-
<br /> =' � � ceeda. Provided no Event of Default hae occurred hereunder and no even t has
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<br /> occurred which, with the passage of time or the giving of notice, or both, would
<br /> � aonstitute an Event of Default, the balance of the proceeds, if any, ahall be
<br /> � applied at the option o£ Beneficiary (i) toward alCeri.ng, reatori.ng or rebuilding
<br /> {5 the Mortgaged Property, or such portion thereof Chat may have been altered, a�:-
<br /> � damaged or destroyed, or (ii) againat sums aecured hereby in such order as
<br /> � Beneficiary may in its ab�olute diacretion elect. If Beneficiary electa not to
<br /> ; apply all of the Condemnation proceeds for the restoration or repair of the
<br /> i � Mortgaged Property, Trustor ahall not be required to repair or restore that
<br /> 1 portion of the Mortgaged Property affected by Senef iciary's election and the
<br /> , ' failure to do so ahall not constitute a breach by Truetor of its obligation to
<br /> = maintain the Mortgaged Property aet forth in Section 1.04 hereof.
<br /> � Truator heieby assigns and tranafera to Beneficiary, and agreea to execute
<br /> � _ __ __ such further assignments of, all auch proceeds, judgments, decreea and awa rds as
<br /> - � � Seneficiary may requeat. Seneficiary ia hereby authorized, in tne name oz -
<br /> Truator, to execute and deliver valid acquittancea for, and to appeal frorn, any
<br /> . such judgment, decree or award. Seneficiary shall not be, in any event or
<br /> - circumstance, liable or reaponsible for failure to coller_t or exerciae diligence
<br /> in the collection of any proceeda, judgmenta, decrees or awards.
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