WRITTEN CONSENT OF
BENEFICIARY, PERMIT ANY DRILLING OR EXPLORATION FOR OR EXTRACTION, REMOVAL, OR
PRODUCTION OF ANY MINERALS FROM THE SURFACE OR THE SUBSURFACE OF THE LAND,
REGARDLESS OF THE DEPTH THEREOF OR THE METHOD OF MINING OR EXTRACTION THEREOF.
SECTION 3.3.
PAYMENT FOR LABOR AND MATERIALS.
(A)
TRUSTOR WILL
PROMPTLY PAY WHEN DUE ALL BILLS AND COSTS FOR LABOR, MATERIALS, AND SPECIFICALLY
FABRICATED MATERIALS ("LABOR AND MATERIAL COSTS") INCURRED BY IT IN CONNECTION
WITH THE PROPERTY AND NEVER PERMIT TO EXIST BEYOND THE DUE DATE THEREOF IN
RESPECT OF THE PROPERTY OR ANY PART THEREOF ANY LIEN OR SECURITY INTEREST, EVEN
THOUGH INFERIOR TO THE LIENS AND THE SECURITY INTERESTS HEREOF, AND IN ANY EVENT
NEVER PERMIT TO BE CREATED OR EXIST IN RESPECT OF THE PROPERTY OR ANY PART
THEREOF ANY OTHER OR ADDITIONAL LIEN OR SECURITY INTEREST OTHER THAN THE LIENS
OR SECURITY INTERESTS HEREOF EXCEPT FOR THE PERMITTED ENCUMBRANCES.
TRUSTOR
SHALL RECORD (AND CAUSE ALL OF THOSE CLAIMING BY, THROUGH OR UNDER TRUSTOR TO
RECORD) NOTICES OF NON-RESPONSIBILITY AND TAKE (OR CAUSE TO BE TAKEN) SUCH
FURTHER MEASURES AS REQUIRED UNDER NRS §§ 108.234, 2403, 2407 TO PREVENT LIENS
FROM ATTACHING TO THE PROPERTY AS A RESULT OF ANY LABOR PERFORMED AT OR
MATERIALS SUPPLIED TO THE PROPERTY.
(B)
AFTER PRIOR WRITTEN NOTICE TO BENEFICIARY, TRUSTOR, AT ITS OWN
EXPENSE, MAY CONTEST BY APPROPRIATE LEGAL PROCEEDING, PROMPTLY INITIATED AND
CONDUCTED IN GOOD FAITH AND WITH DUE DILIGENCE, THE AMOUNT OR VALIDITY OR
APPLICATION IN WHOLE OR IN PART OF ANY OF THE LABOR AND MATERIAL COSTS;
PROVIDED, THAT (I) NO EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING UNDER THE
LOAN AGREEMENT, THE NOTE, THIS SECURITY INSTRUMENT OR ANY OF THE OTHER LOAN
DOCUMENTS, (II) TRUSTOR IS PERMITTED TO DO SO UNDER THE PROVISIONS OF ANY OTHER
MORTGAGE, DEED OF TRUST OR DEED TO SECURE DEBT AFFECTING THE PROPERTY, (III)
SUCH PROCEEDING SHALL SUSPEND THE COLLECTION OF THE LABOR AND MATERIAL COSTS
FROM TRUSTOR AND FROM THE PROPERTY OR TRUSTOR SHALL HAVE PAID ALL OF THE LABOR
AND MATERIAL COSTS UNDER PROTEST, (IV) SUCH PROCEEDING SHALL BE PERMITTED UNDER
AND BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF ANY OTHER INSTRUMENT TO
WHICH TRUSTOR IS SUBJECT AND SHALL NOT CONSTITUTE A DEFAULT THEREUNDER, (V)
NEITHER THE PROPERTY NOR ANY PART THEREOF OR INTEREST THEREIN WILL BE IN DANGER
OF BEING SOLD, FORFEITED, TERMINATED, CANCELED OR LOST, AND (VI) TRUSTOR SHALL
HAVE FURNISHED THE SECURITY AS MAY BE REQUIRED IN THE PROCEEDING, OR AS MAY BE
REASONABLY REQUESTED BY BENEFICIARY, TO INSURE THE PAYMENT OF ANY CONTESTED
LABOR AND MATERIAL COSTS, TOGETHER WITH ALL INTEREST AND PENALTIES THEREON.
7
SECTION 3.4.
PERFORMANCE OF OTHER AGREEMENTS.
TRUSTOR SHALL OBSERVE
AND PERFORM EACH AND EVERY TERM, COVENANT AND PROVISION TO BE OBSERVED OR
PERFORMED BY TRUSTOR PURSUANT TO ANY AGREEMENT OR RECORDED INSTRUMENT AFFECTING
OR PERTAINING TO THE PROPERTY AND ANY AMENDMENTS, MODIFICATIONS OR CHANGES
THERETO.
SECTION 3.5.
CHANGE OF NAME, IDENTITY, STRUCTURE OR LOCATION;
SUBJECTION TO OTHER