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purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either
<br />appears to be prior or superior hereto; and, in exercising any such powers, or in enforcing this Deed of
<br />Trust by judicial foreclosure, pay necessary expenses, employ counsel, and pay reasonable attorneys'
<br />fees. Beneficiary may make or cause to be made reasonable entries upon and inspections of the Property,
<br />provided that Beneficiary shall give Trustor notice prior to any such inspection specifying reasonable cause
<br />therefor related to Beneficiary's interest in the Property.
<br />B. It is mutuallv agreed that:
<br />1. Condemnation Award. Any award of damages in connection with any condemnation for
<br />public use of or injury to the Property or any part thereof is hereby assigned and shall be paid to
<br />Beneficiary who may apply such moneys received by it to any indebtedness secured hereby and in such
<br />order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part
<br />thereof may be released to Trustor. Such application or release shall not cure or waive any default or
<br />notice of default hereunder or invalidate any act done pursuant to such notice.
<br />2. Late Payment. By accepting payment of any sum secured hereby after its due date,
<br />Beneficiary does not waive its right either to require prompt payment when due of all other sums so
<br />secured or to declare default for failure so to pay.
<br />3. Release and Subordination. At any time or from time to time, without liability therefor and
<br />without notice, upon written request of Beneficiary and presentation of this Deed of Trust and Note for
<br />endorsement, and without affecting the personal liability of any person for payment of the indebtedness
<br />secured hereby, Trustee may reconvey all or any part of said property; consent to the making of any map
<br />or plat thereof, join in granting any easement thereon; or join in any extension agreement or any agreement
<br />subordinating the lien or charge hereof.
<br />4. Reconveyance. Upon written request of Beneficiary stating that all sums secured hereby
<br />have been paid, upon surrender of this Deed of Trust and the Note to Trustee for cancellation, and upon
<br />payment of its fees, Trustee shall reconvey, without warranty, the Property. The recitals in any
<br />reconveyance executed under this Deed of Trust of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof.
<br />5. Rents, Issues, and Profits. As additional security, Trustor hereby gives to and confers
<br />upon Beneficiary the right, power, and authority, during the continuance of these Trusts, to collect the rents,
<br />issues, and profits of the Property, reserving unto Trustor the right, prior to any default by Trustor in
<br />payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect
<br />and retain such rents, issues, and profits as they become due and payable. Upon any such default,
<br />Beneficiary may at any time without notice, either in person, by agent, or be a receiver to be appointed by a
<br />court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon
<br />and take possession of said property or any part thereof, in its own name sue for or otherwise collect such
<br />rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and
<br />Redevelopment Agency (Automall)
<br />Deed of Trust - Additional Parcel
<br />April 7, 2000 4 of 9
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