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201305622 <br /> Lender,naming Lender as an additional named insured,with loss payable to the Lender. In case of loss under such <br /> policies,the Lender is authorized to adjust,collect and compromise,all claims thereunder and shall have the option <br /> of applying all or part of the insurance proceeds(i)to any indebtedness secured hereby and in such order as Lender <br /> may determine,(ii)to the Trustor to be used for the repair or restoration of the Property or(iii)for any other purpose <br /> or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby <br /> before such payment ever-took place. Any applications of proceeds to indebtedness shall not extend or postpone the <br /> due date of any payments under the Note,or cure any default thereunder or hereunder. <br /> 5. Escrow. Upon written demand by Lender,Trustor shall pay to Lender,in such a manner as Lender may <br /> designate,sufficient sums to enable Lender to pay as they become due one or more of the following: (i)all taxes, <br /> assessments and other charges against the Property,(ii)the premiums on the property insurance required hereunder, <br /> and(iii)the premiums on any mortgage insurance required by Lender. <br /> 6. Maintenance,Repairs and Compliance with Laws. Trustor shall keep the Property in good condition <br /> and repair;shall promptly repair,or replace any improvement which may be damaged or destroyed; shall not <br /> commit or permit any waste or deterioration of the Property; shall not remove,demolish or substantially alter any of <br /> the improvements on the Property;shall not commit,suffer or permit any act to be done in or upon the Property in <br /> violation of any law,ordinance,or regulation;and shall pay and promptly discharge at Trustor's cost and expense all <br /> liens,encumbrances and charges levied,imposed or accessed.against the Property or any part thereof. <br /> 7. Eminent Domain. Lender is hereby assigned all compensation,awards,damages and other payments <br /> or relief(hereinafter"Proceeds")in connection with condemnation or other taking of the Property or part thereof,or <br /> for conveyance in lieu of condemnation. Lender shall be entitled at its option to commence,appear in and prosecute <br /> in its own name any action or proceedings,and shall also be entitled to make any compromise or settlement in <br /> connection with such taking or damage. In the event any portion of the Property is so taken or damaged,Lender <br /> shall have the option in its sole and absolute discretion,to apply all such proceeds,after deducting therefrom all <br /> costs and expenses incurred by it in connection with such Proceeds,upon any indebtedness secured hereby and in <br /> such order as Lender may determine,or to apply all such Proceeds,after such deductions,to the restoration of the <br /> Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not <br /> extend or postpone the due date of any payments under the Note,or cure any default thereunder or hereunder. Any <br /> unapplied funds shall be paid to Trustor. <br /> 8. Performance by Lender. Upon the occurrence of an Event of Default hereunder,or if any act is taken <br /> or legal proceeding commenced which materially affects Lender's interest in the Property,Lender may in its own <br /> discretion,but without obligation to do so,and without notice to or demand upon Trustor and without releasing <br /> Trustor from any obligation,do any act which Trustor has agreed but failed to do and may also do any other act it <br /> deems necessary to protect the security hereof. Trustor shall,immediately upon demand therefor by Lender,pay to <br /> Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of <br /> the foregoing rights,together with interest thereon at the default rate provided in the Note,which shall be added to <br /> the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do <br /> hereunder. <br /> 9. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, <br /> ordinances and regulations relating to industrial hygiene or environmental protection(collectively referred to herein <br /> as"Environmental Laws"). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic <br /> under any Environmental Laws(collectively referred to herein as"Hazardous Materials"). Trustor hereby warrants <br /> and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to <br /> indemnify and hold harmless Lender,its directors,officers, employees and agents,and any successors to Lender's <br /> interest,from and against any and all claims,damages,losses and liabilities arising in connection with the presence, <br /> use,disposal or transport of any Hazardous Materials on,under;from or about the Property. THE FOREGOING <br /> WARRANTIES AND REPRESENTATIONS,AND TRUSTOR'S OBLIGATIONS PURSANT TO THE <br /> FOREGOING INDEMNITY,SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. <br /> 10. Assignment of Rents. Trustor hereby assigns to Lender,and grants Lender a security interest in,all <br /> present,future and after arising rents,issues and profits of the Property;provided that Trustor shall,until the <br /> occurrence of an Event of Default,hereunder,have the right to collect and retain such rents,issues and profits as <br /> they become due 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 and without regard to <br /> the adequacy of its security,enter upon and take possession of the Property,or any part thereof,in its own name or <br /> in the name of the Trustee,and do any acts which it deems necessary or desirable to preserve the value, <br /> marketability or rentability of the Property,or any part thereof or interest therein,or to increase the income <br /> therefrom or protect the security hereof 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,by notifying tenants to make <br /> payments to Lender. Lender may apply rents,issues and profits,less costs and expenses of operation and collection <br /> including attorney's fees,to any indebtedness secured hereby,all in such order as Lender may determine. The <br /> entering upon and 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 or invalidate any <br /> act done in response to such default or pursuant to such notice of default and,notwithstanding the continuance in <br /> possession of the property or the collection,receipt and application of rents,issues or profits,Trustee and Lender <br /> shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of <br /> any Event of Default,including without limitation the right to exercise the power of sale. Further,Lender's rights <br /> and remedies under 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,Trustee and the receiver <br /> 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 Deed of Trust: <br /> (a) Failure to pay any installment of principal or interest or any other sum secured hereby when due; <br /> (b) A breach of or default under any provision contained in the Note,this Deed of Trust,any of the Loan <br /> 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 which shall become a <br /> lien on the Property or any portion thereof or interest therein; <br />