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�o��o�� Lender, naming Lender as an additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtednesa secured. hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restora.tion of the Property or (iii) £or any other purpose or object satisfactory to Lender without affecting the lien o£this Deed of Trust for the full amount secured hereby before such payment ever'took place. An.y applications o£proceeds to indebtedness sb�all not e�rtend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such a manner as Lender may designate, su£ficiant swoas to enable Lender to pay as they become due on.e or more of the following: (i) all taxes, assessments and otb.er charges against the Property, (u) the pa�emiums on the property �rm�*Ance required hereunder, aad (in) the premiums on any mortgage inswrarice required by Lender. 6. Maintenance, Repa3rs and Compliance with Laws. Tzustor shall keep the Property in good condition and repair; shall promptly repair, or replace any improvemeat which may be damaged or destroyed; shall not commit or permit any waste or deteriozation of the Properts ; shall not remove, demolish or substan.tially alter any of the improvements on the �roperiy; shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulafion; and shall pay and promptly discharge at Trustor's cost and expense a11 liens, encumbrances and charges levied, imposed. or accesse& against the Properiy or any part thereof. 7. Em3nent Domsin. Lender is hereby assigned all compensa.tion, awards, damages and other payments or relief (hereinafter "Proceeds") in connection with condemraation or other taking of the Properiy or part thereo� or for conveyance in lieu of condemna.tion Lender shall be entntled at its option to commence, appear in and prosecute 3n its own name any action or proceedings, and shall also be entitled to make any compromise or settlement in connection with such talcing or damage. In. the event any portion of the Property is so taken or damaged, Lender shall have the option in its so�e and absolute discretion, to ap�ply all such proceeds, after ded.ucting therefrom all costs and expenses incutred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Properly upon such conditions as Lender ma.y determi.ne. Amy application of Proceeds to indebted.ness shall not extend or postpone the due date of any payments under the Note, ar cure any default thereunder or hereuuder. Any una.pplied funds shall be paid to Tnistor. 8. Performance by Lender. Upon the occurrence �f an Event of Defa.ult hereunder, or if any act is taken or legal proceeding commenced wlaich materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligafion to do so, and without notice to or demand upon Trnstor and without releasing Tzustor froxn any obligation, do any act which Tnistor has agreed but failed to do and ma.y also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to Lender a11 costs and e�enses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the def�ult rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it ma.y do or omit to do hereunder. 9. ]Hazarelous l�daterials. Tnistor shall lseep the Properly in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or environmental protection (collectively refenred to herein as "Environmental La.ws"). Trustor shall keep the Properiy f�ee from all substances deemed to be hazardous or toxic under a.ny Environmental La.ws (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender that tk�ere are no Hazardous Materials on or under the Properly. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, offcers, employees and agents, and any successors to Lender's interest, from and against �uy and all claims, damages, losses and liabilities arising in connection with the presence, use, disposai or ttansport c�� f any Hazardous Materials on, under; from or about the Property. THE FOREGOING WA.RRANTIES AND REl'R�SENTATIONS, .AND TRUSTOR'S OBLIGATIONS PURSANT TO TI-� FOREGOING INDE:MNITY, SHALL SURVIVE RECONV�YANCE OF THIS DEED OF TRUST. 10. Assignment of Itents. Tmstor hereby assigns to Lender, and giants Lender a security interest in, all present, future and after artising rents, issues and profits of the Property; provided that Tnistor shall, until the occurrence of an Event of Default, hereunder, have the right to collect and retain such rents, issues and profits as they become due and p�yable. Upon the occurrence of an Event of Default, Lender ma.y, either in person or by agent, with or without bzinging any action or proceeding, or by a receiver appointed by a court and without regard to the adequa.cy of its security, enter upon and take possession of the Properiy, or any part thereo� in its own name or in the name of the Tn�stee, and do any acts which it deems necessary or desirable to preserve the value, marYcetab�ity or rentability of the P�roperty; or any part thereof or interest therein, or to increase ttie income therefrom or protect the aecurity hereof and, with or without �aking possession o£the Property, sue for or otherwise collect the rents, issues and profits thereo� including those past due and wipaid, by notifying tenants to make payments to Lender. Lender;na.y apply zents, issues and profits, less costs and expenses of opezation and collection including attorney's fees, to any indebtedness secured hereby, a11 in such order as Lender may determine. The entering upon and taldng possession of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or inva.lidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the property or tk�e collection, receipt and application of rents, issues or profits, Tmstee and Lender shall be entitled to exercis� every right provided for in any of the Loan Instruments or by law upon occwrrence of any Event of Defa.ult, incli�ding without limitation the right to exercise the power of sa1e. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any assignment of leases and rents recorded �gainst the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually received. 11. Events of De�anit. The following shall constitute an Event of Default under this Deed of Trust (a) Failure to pay any instaalment of principal or in.terest or any other sum secused hereby when due; (b) A breach of or default und.er any provision contained in the Note, this Deed of Trust, any of the Loan Inslruments, or any other �ien,or encusnbrance upon the Property; (c) a writ o£ execution or atta.ehment or any similat process shall be en.tered against Trustoz which shall become a lien on the Property or ang� portion thereof or interest therein;