6. Should Trustor fail to make any payment on a third party obligation secured by the Premises, or to do any act as herein provided, then Beneficiary, any Qualified Third Party Intermediary and/ or Exist, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: Make or do the same in such manner and to such extent as either may deem necessary to protect the equitable interest hereof, Beneficiary or a Qualified Third Party Intermediary or Exist, being authorized to enter upon said property for such purposes; commence, appear in and defend any action or proceeding purporting to affect the equitable interest hereof or the rights of powers of Beneficiary or Exist; pay, purchase, contest, or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and in exercising any such powers, incur any liability, expend whatever amounts in its absolute discretion it may deem necessary therefore, including cost of evidence of title, employ counsel, and pay its reasonable fees.
7. To pay immediately and without demand, all sums expended hereunder by Beneficiary or Exist, with interest from date of expenditure at the rate of ten percent (10%) per annum until paid, and the repayment thereof shall be secured hereby.
IT IS AGREED THAT:
8. Should said property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, Beneficiary shall be entitled to all compensation, awards, and other payments or relief, therefore, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting said property, are hereby assigned to Beneficiary, who may, after deducting therefrom all its expenses, including attorney's fees, apply the same on any indebtedness secured hereby. Trustor agrees to execute such further assignments of any compensation, awards, damages, and rights of action and proceeds as they see fit.
9. At any time and from time to time upon written request of Beneficiary, payment of its fees and presentation of this Trust Deed (in case of full reconveyance, for cancellation and retention), without affecting the liability of any person, Trustor may (a) consent to the making of any map or plat of said property; (b) join in granting an easement or creating any restriction thereon;(c)reconvey, without warranty, all or any part of said property. The grantee in any reconveyance may be described as "the person or persons entitled thereto", and the recitals therein of any matters or facts shall be conclusive proof of truthfulness thereof.
10. Until Trustor shall default in the payment of any indebtedness secured hereby or by a third party to the subject Real Property or in the performance of any agreement hereunder, Trustor shall have the right to collect all such rents, issues, royalties, and profits earned prior to default as they become due and payable.
11. Upon any default by Trustor hereunder, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court (Trustor hereby consenting to the appointment of Beneficiary as such receiver), and without regard to the adequacy of any security for the interest hereby secured, upon and take possession of said equity portion of the property in which it has an equitable interest under this trust deed, in its own name sue for costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine.
12. The entering upon and taking possession of said equitable interest portion of the property, the collection of such rents, issues, and profits, or the proceeds of fire and other insurance policies, or compensation or awards for any taking or damage of said property, and the application or release thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
13. The failure on the part of Beneficiary or Exist to promptly enforce any right hereunder shall not operate as a waiver of such right and the waiver by Beneficiary or Exist of any default shall not constitute a waiver of any other or subsequent default.
14. Time is of the essence hereof. Upon default by Trustor in the payment of any indebtedness secured by a third party interest or in the performance of any agreement hereunder, all sums associated with Beneficiary’s equitableinterestsecuredherebyshallimmediatelybecomedueandpayableattheoptionofBeneficiary. In the event of such default, Beneficiary may execute a written notice of default and of election to cause said property to be sold to satisfy the obligations hereof and shall file such notice for record in each county wherein said property or some part or parcel thereof is situated.
15. This Equitable Interest Deed of Trust is a self-imposed deed allowing a third-party service platform access to digitize Owner/Trustor’s equity interest in the subject Real Property. There is no third party lien interest, be it in mortgage or promissory note form, associated with this Equitable Interest Deed of Trust.
16. Owner as Beneficiary may appoint a successor Beneficiary at any time by filing for record in the office of the County Recorder of each county in which said property or some part thereof is situated, a substitute designation of Beneficiary or Beneficiaries. Each such substitution shall be executed and acknowledged, and notice thereof shall be given and proof thereof made, in the manner provided by law.
17. This Trust Deed shall apply to, inure to the benefit of, and bind all parties hereto, their heirs, legatees, devisees, administers, executors, successors, and assigns. All obligations of Trustor hereunder are joint and several. The term"Beneficiary"shallmeantheOwnerandholderofanypledgemadealongwiththeequitableinterest secured hereby or any third party as designated by the Owner as outlined in section 16 above. In this Trust Deed, whenever the context requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
18. This Trust Deed shall be construed according to the laws of the State of .*
19. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale be mailed to Exist Holdings at the address hereinbefore set forth.
STATE OF *) )
COUNTY OF *)
On the * day of *, 20*, personally appeared before me, the signer(s) of the above instrument, who duly acknowledged to me that executed the same.
My Commission Expires: *
Notary Public Residing at *
Exist Crypto Token Purchase and Equity (AVEC) Conversion Agreement
Exist Crypto ONUS Token Purchase Agreement
REQUEST FOR FULL RECONVEYANCE
(To be used only when indebtedness secured hereby has been paid in full)
The undersigned is the legal owner and holder of the Note and all other indebtedness secured by the within All-Inclusive Trust Deed. Said Note, together with all other indebtedness secured by said All-Inclusive Trust Deed has been fully be paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said All-Inclusive Trust Deed, to cancel said Note above mentioned, and all other evidences of the indebtedness secured by said All-Inclusive Trust Deed delivered to you herewith, together with the said All- Inclusive Trust Deed, and to reconvey, without warranty, to the parties designated by the terms of said All-Inclusive Trust Deed, all the estate now held by you thereunder.
DATED *, 20 *.
Mail reconveyance to: *