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201302916 <br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all <br />applicable laws, ordinances and regulations relating to industrial hygiene or environmental <br />protection (collectively referred to herein as "Environmental Laws "). Trustor shall keep the <br />Property free from all substances deemed to be hazardous or toxic under any Environmental <br />Laws (collectively referred to herein as "Hazardous Materials "). Trustor hereby warrants and <br />represents to Lender that there are no Hazardous Materials on or under the Property. Trustor <br />hereby agrees to indemnify and hold harmless Lender and its directors, officers, employees, and <br />agents, and any successors to Lender's interest, from and against any and all claims, damages, <br />losses, and liabilities arising in connection with the presence, use, disposal, or transport of any <br />Hazardous Materials on, under, from, or about the Property. THE FOREGOING <br />WARRANTIES AND REPRESENTATION, AND TRUSTOR'S OBLIGATIONS PURSUANT <br />TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS <br />DEED OF TRUST. <br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues, and profits <br />of the Property, provided that Trustor shall, until the occurrence of an Event of Default <br />hereunder, have the right to collect and retain such rents, issues, and profits as they become due <br />and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by <br />agent, with or without bringing any action or proceeding, or by a receiver appointed by a court <br />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 <br />which it deems necessary or desirable to preserve the value, marketability or rentability of the <br />Property, or any part thereof or interest therein; increase the income from the Property or protect <br />the security thereof; and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues, and profits thereof, including those past due and unpaid, and apply the <br />same, less costs and expenses of operation and collection, including attorney's fees, upon any <br />indebtedness secured hereby, all in such order as Lender may determine. The entering upon and <br />taking possession of the Property, the collection of such rents, issues and profits, and the <br />application thereof as aforesaid shall not cure or waive any default or notice of default hereunder <br />or invalidate any act done in response to such default or pursuant to such notice of default; and, <br />notwithstanding the continuance in possession of the Property or the collection, receipt, and <br />application of rents, issues, or profits, Trustee and Lender shall be entitled to exercise every right <br />provided for herein or by law upon occurrence of any Event of Default, including without <br />limitation the right to exercise the power of sale. Further, Lender's rights and remedies under <br />this paragraph shall be cumulative with and in no way a limitation on Lender's rights and <br />remedies under any assignment of leases and rents recorded against the Property. Lender, <br />Trustee, and the receiver shall be liable to account only for those rents actually received. <br />11. Events of Default. The following shall constitute an Event of Default under this <br />Deed of Trust: <br />(a) Failure to pay any installment of principal or interest, or any other <br />sum secured hereby, when due; <br />(b) Failure of Trustor within the time required by this Deed of Trust to <br />make any payment for taxes or insurance, or any other payment necessary to <br />prevent filing of or to effect discharge of any lien; <br />(c) A breach of or default under any provision contained in the <br />Guaranty, the Note, this Deed of Trust, any of the Loan Instruments, or any other <br />lien or encumbrance upon the Property; <br />(d) A writ of execution or attachment or any similar process entered <br />against Trustor which shall become a lien on the Property or any portion thereof <br />or interest therein; <br />(e) Any default by Borrower or Trustor under any loan, extension of <br />credit, security agreement, purchase or sales agreement, or any other agreement, <br />in favor of any other creditor or person, that may materially affect any of <br />Borrower's or Trustor's property, ability to repay the indebtedness, or ability to <br />Page 3 of 7 <br />