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20�201372 Lender, nami.ng Lender as an additional named. insured, with loss payable to the Lender. In case of loss uader such policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and shall have the opfion of applying all or part o£ the insurance proceeds (i) to any indebtedness secured hereby and in such ordez as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (iii�) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such payment evertook place. Any applications of proceeds to indebted.ness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hezeunder. 5. Escrow. Upon written demand by Lender, Trustor shalt pay to Lender, in such a� manner as Lender naay designate, sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the Property, (u) the premiums on the property �n�*A*+ce required hereunder, and (ui) the premiums on any mortgage i„c„rAnce required by Lender. 6. Maintenance, Repairs and Complfance with Laws. Trustor shall keep the Property in good condition and repair; shall promptly repait, or replace any improvement which may be damaged or destxoyed; shall not coanmit or permit any waste or deterioration of the Properly; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not cammit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessec�. against the Properhy or any part thereof. 7. Eminent Domain. Lender is hereby assigned alfl compensation, awards, dannages and other payments or relief (hereinafter "Proceeds") in connection with condem�.ation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation. Lender shall be entatled at its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is so taken or damaged, Lender shall have the option in. its sole and absolute discretion, to ap�ply all such proceeds, after deducting therefrom all costs and expenses incurred. 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 may determine. .A.my application of Proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor. 8. Performance by Lender. Upon the occurrence of an. Event of Default hereunder, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but failed to do and may also do an.y other act it deems necessary to protect the security hereof. Tzustor shall, immediately upon demand therefor by Lender, pay to Lender all costs and expenses 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 th.e Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder. 9. Hazardous Matentals. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or environunental protection (collectively zeferted to herein as "Environmental La.ws"). Trustor shall keep the Properiy firee from a11 substances deemed to be hazardous or toxic under any Environmental La.ws (collectively referred to herein as "Hazaxdous Materials"). Trustor hereby warrants and represents to Lender tha.t there are no Hazardous Materials on or under the Properly. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against �ny and all claims, damages, losses and liabilities azising in connection with the presence, use, disposal or transport of any Hazardous Materials on, unc�er; from or about the Property. TI� FOREGOING WARRANTIES AND REpRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSANT TO TI� FOREGOING INDEMNITY, SHALL SURVIVE RECONVIEYANCE OF THIS DEED OF TRUST. 10. Assignment of Rents. Trustor hereby assigns to Lender, and grants Lender a security interest in, all present, fu.ture and after a�ising rents, issues and profits of the Properry; provitded that Trustor shall, until the occurcence of an Event of Default, hereunder, have the right to collect and reta.in such rents, issues and profits a.s they become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or without brin�ing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereo� in itts own name or in the na.me of the Trustee, arid do any acts wluch it deems necessary or desirable to preserve the value, marketability or renta.bility of the Property; or any part thereof or interest therean, or to increase the income therefrom or protect the security hereof and, with or without �aking possession of the Property, sue for or otherwise collect the rents, issues and profits thereo� including those past due and unpaid, by notifying tenants to make payments to Lender. Lender ma.y apply rents, issues and profits, less costs and expenses of operafion and collection including attorney's fees, to any indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of the ProperCy, the collection of such rents, issues and pzofits, and 9he application thereof as aforesaid shall not cure or waive any default or notice of defa.ult hereunder or invalida.te any act done in response to such default or pursua.nt to such notice of default and, notwithstanding the continuance in possessioa of the property' or the collection, receipt and application of rents, issues or profits, Trustee and Lender sha11 be entitled to exercis� every right provided for in auy of the Loan Ia,ctiuments or by law upon occuarence of any Event of Default, incl�tding without limita.tior� tb.e right to exercise the power of sa1e. Further, Lender's rights and remedies under thits 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 against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually received. 11. Events of D'efault. The following shall constitute an Event of Default under this Deed of Trust: (a) Failure to pay any installment of pzincipal or interest or any other sum secured hereby when due; (b) A breach of or default under a.ny provision contained in the Note, this Deed. of Trust, any of the Loan Inst�i�ments, or any other �ien or encumbrance upon the Properry; (c) a writ of execution or attachment or any similar pzocess shall be entered agai.nst Trustor which shall become a lien on the Property or any portion thereof or interest therei.n;