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201401112
<br /> Lender,naming Lender as an additional named insured,with loss payable to the Lender_ Tn case of loss under such
<br /> policies,the Lender is authorized to adjust,collect and com�romise,all claims thereunder and sha11 ha�%e the option
<br /> of applying a1I or part of the insurance proceeds(i)to any indebtedness secured hereby and in such order as Lender
<br /> may deternune,(ii)to the Trustor to be used for the repair or restoration of the Properiy or(vi)for any other purpose
<br /> or object satisfactory to Lender without affecting the lien of this Deed of Trust for the ful.l amount secured hereby
<br /> before such payment evertook place_ Any applications of proceeds to indebtedness shall not extend or postpone the
<br /> due date of an.y paym.ents under the Note,or cure any default tliereunder or hereunder_
<br /> 5. Escrow. Upon written demand by Lender,Trustor shaJl.pay to Lender,in such a manner as Lender may
<br /> designate,sufficient swns to enable Lender to pay as tliey become due one or more of the following: (i)all taxes,
<br /> assessments and other charges against the Properiy,(ii)the premiums on the property insurance required hereunder,
<br /> and(ui)the premiums on any mortgage insurarice required by Lender.
<br /> 6_ Maintenance,Repaars and Compliance with Laws. Trustor shall keep the Property in good cond.i�.on
<br /> and repair,shall promptly repair,or replace any ianprovement which may be damaged or destroyed;shall not
<br /> commit or pezmit any waste or deterioration of the Property;shall not remove,demolish or substantially alter any of
<br /> the improvements on the Properry;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 Tnzstor's cost and e�pense 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 condemmation or other taking of the Property or part thereof,or
<br /> for conveyance iu lieu of condemnation. Lender shall be entntled at its option to commence,appear in and prosecute
<br /> in ixs own name any acl�on or proceedings,and shall also be entitled to make any compromise or settlement in
<br /> connection with such taking or damage_ In the event auy portion of the Property is so taken or damaged,Lender
<br /> shall have the option in its sole and absolute discretion,to ap�ply all such proceeds,after deducting therefromi all
<br /> costs and expenses incuzred by it in connecti.on with such Proceeds,upon any in.debtedness secured hereby and in
<br /> such order as Lender may detexmine,or to apply all such Pro�ceeds,after such deductions,to the restoration of the
<br /> Property upon such condations as Lender may detennine_ A�ny 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 I,ender_ Upon the occurrence of an.Event of Default hereunder,or if any act is taken
<br /> or legal proceedin�commenced whi.ch materially affects Lender's interest in the ProperLy,Lender may in its own
<br /> disczetion,but without obligation to do so,and without notice to or demand upon Trustor and without releasing
<br /> Tzustor from any obligation,do any act which Tnzstor 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 b�Lender in connection with the exercise by Lender of
<br /> the foregoing rights,together with interest thereon at the defa�ult zate provided in the Note,which shall be added to
<br /> the indebtedness secured hereby. Lender shall not incur any liability because of anytliing it may do or omit to do
<br /> hereunder_
<br /> 9. Hazardous Matenials_ 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 Properiy firee from a11 substances deemed to be hazardoas 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 /> indeinnify 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 liabiliiaes arising in connection with the presence,
<br /> use,disposal or transport of any Hazardous Materials on,und!er;from or about the Properiy. THE FOREGOING
<br /> WARRANTIES.AND REPRESENTA'I'IONS,AND TRUSTOR'S OBLIGATIONS PURSANT TO THE
<br /> FOREGOING INDENIl�7ITY,SHALL SURVIVE RECONVIEYANCE OF THIS DEED OF TRUST.
<br /> 10. Assigtunent of Rents_ Trustor hereby assigns to Lender,and grants Lender a security interest in,all
<br /> present,future and after ar'isiug rents,issues and profits of the Properiy;provided that Tmstoz shall,un.til 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 a.n Event of Default,Lender may, either in person or by
<br /> agent,with or without bzinging 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 af the Property,or any part thereo�in its awn name or
<br /> in the name of the TnLstee,arid do any acts which it deems necessary or desuable to preserve the value,
<br /> marketabi7ity or rentability of the Property;or any part thereaf or interest therein,or to increase the income
<br /> therefrom or protect the security hereof and,with or without fiaking possession of fihe Property,sue for or otherwisa
<br /> collect the rents,issues and profits thereo�including those past due and unpaid,by notifying tenants to make
<br /> payments to Lender. Lender may apply rents,issues and pro�fits,less costs and expenses of operaiion and collection
<br /> including attorney's fees,to any indebtedness secured hereby,all an suclz order as Lender may determiue_ The
<br /> enterin.g upon and taking possession of the Property,the colleciion 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 notia�of default and,notwitlistanding the continuance in
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