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thereof, or for conveyances in lieu. of the Property, or any part thereof, shall be paid to Beneficiary.
<br />The foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor
<br />hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to
<br />condemnation of the Property and insurance covering the Property, after the deduction of
<br />Beneficiary's expenses incurred in the collection of such amounts, at Beneficiary's option,
<br />subject to the requirements of applicable law and the provisions hereof, to restoration or repair of
<br />the Property or to payment of the sums secured by this Deed of Trust. Beneficiary shall be
<br />under no obligation to question the amount of any compensation, awards, proceeds, damages,
<br />claims, rights of action, and payments relating to condemnation or other taking of the Property or
<br />insured casualty affecting the Property, and may accept the same in the amount in which the
<br />same shall be paid. Trustor shall execute such further evidence of assignment of any awards,
<br />proceeds damages or claims arising in connection with such condemnation or taking or such
<br />insurance as Beneficiary may require.
<br />16. Severability. If any one or more of the provisions contained in this Deed of Trust shall
<br />for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
<br />illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this
<br />Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never
<br />been contained herein or therein, but only to the extent of such invalidity.
<br />17. Estoppel Certificate.. Trustor shall, within ten (10) days of a written request from
<br />Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the
<br />sums secured by this Deed of Trust and any right of set-off, counterclaim or other defense which
<br />exists against such sums and the obligations of this Deed of Trust.
<br />18. Due -On -Sale or Encumbrance. If all or any part of the Property, or any interest
<br />therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a
<br />corporation, partnership, trust, limited liability company or other legal entity), is, in violation
<br />of the City Funded improvement Loan Agreement, sold, transferred, mortgaged, assigned,
<br />pledged, or farther encumbered, whether directly or indirectly, whether voluntarily or involuntarily
<br />or by operational law, Beneficiary may, at Beneficiary's option invoke any remedies permitted
<br />by this Deed of Trust. For avoidance of doubt, this section shall not apply to any transfer,
<br />assignment, or encumbrance permitted by the City Funded Improvement Loan Agreement
<br />and/or the Disposition and Development Agreement referenced therein.
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