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or in enforcing t'nis Deed of Trust by judicial foreclosure, pay necessary expenses, employ counsel, and
<br />pay reasonable attorneys' fees. Beneficiary may make or cause to be made reasonable entries upon and
<br />inspections of the Property, provided that Beneficiary shall give Trustor notice prior to any such inspection
<br />specifying reasonable cause therefor related to Beneficiary's interest in the Property.
<br />3. Condemnation Award. Subject to the rights of senior mortgagees, any award of damages
<br />in connection with any condemnation for public use of or injury to the Property or any part thereof is hereby
<br />assigned and shall be paid to Beneficiary who may apply such moneys received by it to any indebtedness
<br />secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire
<br />amount so collected or any part thereof may be released to Trustor. Such application or release shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br />4. 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 />5. 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 the Property; consent to the making of any map or
<br />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 />6. 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 their
<br />truthfulness.
<br />7. 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 by 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 />expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured
<br />hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said
<br />property, the collection of such rents, issues, and profits, and the application thereof as aforesaid, shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br />8. Notice. Except for any notice required under applicable law to be given in another manner,
<br />(a) any notice to Trustor provided for in this Deed of Trust shall be given by delivering it or by mailing such
<br />notice by certified mail return receipt requested addressed to Trustor at General Foundry Services
<br />Corporation, 459 Hester Street, San Leandro, or at such other address as Trustor may designate by notice
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