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if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender
<br />may in its own discretion, but without obligation to do so, and without notice to or demand upon Trustor and without
<br />releasing Trustor from any obligation, do any act which Trustor has agreed but fails to do and may also do any other
<br />act it deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Lender,
<br />pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by
<br />Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be
<br />added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit
<br />to do hereunder.
<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable
<br />laws, ordinances and regulations relating to industrial hygiene or environmental protection (collectively referred to
<br />herein as "Environmental Laws "). Trustor shall keep the Property free from all substances deemed to be hazardous
<br />or toxic } under any Environmental Laws (collectively referred to herein as "Hazardous Materials "). Trustor hereby
<br />warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby
<br />agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to
<br />Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the
<br />presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE
<br />FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO
<br />THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents Trustor hereby assigns to Lender the rents, issues and profits of
<br />the Property; provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to
<br />collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of
<br />Default, Lender may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the
<br />Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems
<br />necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof or
<br />interest therein, increase the income therefrom or protect the security hereof and, with or without taking possession
<br />of the Property, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid,
<br />and apply the same, less costs and expenses of operation and collection including attorneys' fees, upon any
<br />indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of
<br />the Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or
<br />waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to
<br />such notice of default and, notwithstanding the continuance in possession of the Property or the collection, receipt
<br />and application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every right provided
<br />for in any of the Loan Instruments or by law upon occurrence of any Event of Default, including without limitation
<br />the right to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be
<br />cumulative with, and in no way a limitation on, Lender's rights and remedies under any assignment of leases and
<br />rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents
<br />actually received.
<br />Trust:
<br />11.
<br />(a)
<br />when due;
<br />20121045G
<br />Events of Default. The following shall constitute an Event of Default under this Deed of
<br />Failure to pay any installment of principal or interest or any other sum secured hereby
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any
<br />of the Loan'Instruments, or any other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor
<br />which shall become a lien on the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or
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