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commence any action or proceeding purporting to affect the security <br />hereof or the rights or powers of Beneficiary or Trustee; (c) pay, <br />purchase, contest, or compromise any encumbrance, charge or lien <br />that, in the judgment of either, appears to be superior hereto; and <br />in exercising any such power, Beneficiary or Trustee may incur <br />necessary expenses, including reasonable attorneys' fees. <br />Notwithstanding any language in this paragraph to the contrary, <br />Beneficiary or Trustee shall provide Trustor with notice and an <br />opportunity to cure before exercising any right in this paragraph, <br />unless, in the reasonable discretion of Beneficiary or Trustee, <br />providing such notice would affect, damage or limit the security to <br />Beneficiary, the value of the security or any other material <br />interest of Beneficiary hereunder. <br />5. To pay immediately and without demand all sums <br />reasonably expended hereunder by Beneficiary or Trustee (including <br />interest thereupon from date of expenditure at the annual rate of <br />Bank of America's published prime rate if remaining unpaid and <br />delinquent 30 days after demand). <br />B. It is mutually agreed that: <br />1. Any award of damages made in connection with the <br />condemnation for public use of or injury to the property or any <br />part thereof is hereby assigned, to the extent it does not exceed <br />any sums owed by Trustor to Beneficiary (including any sums not yet <br />due), and shall be paid to Beneficiary, who may apply or release <br />such moneys received therefor upon any indebtedness secured hereby <br />in such order as Beneficiary determines, or, at the option of <br />Beneficiary, the entire amount so received or any part thereof may <br />be released to Trustor. Such application or release shall not cure <br />or waive any default or notice of default hereunder or invalidate <br />any act done pursuant to such notice. <br />2. The acceptance by Beneficiary of any payment less <br />than the amount then due shall be deemed an acceptance on account <br />only and shall not constitute a waiver of the obligation of Trustor <br />to pay the entire sum then due or of Beneficiary's right either to <br />require prompt payment of all sums then due or to declare default. <br />The acceptance of payment of any sum secured hereby after its due <br />date will not waive the right of Beneficiary either to require <br />prompt payment when due of all other sums so secured or to declare <br />default for failure so to pay. No waiver of any default shall be <br />a waiver of any preceding or succeeding default of any kind. <br />3. At any time upon the occurrence of a default, and <br />after notice and an opportunity to cure if applicable, under the <br />terms of this Deed of Trust, to said default, without liability <br />D - 3 <br />