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<br /> 11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grarnor shall irrmediately provide Lender with written notice of any actual or
<br /> threatened action,suit,or other proceeding affecting the Properry. GraMor hereby appoints Lender as fts attomey-in-fact to corrrnence,irrtervene in,and
<br /> defend such actions,suits,or other legal proceedings and to compromise or settle any daim or controversy pertaining thereto. Lender shall not be liable to
<br /> Grarnor for any action,error,Mstake,omission or delay pertaining to the actions described in this paragraph or any damages resufting therefrom. Nothing
<br /> corrtained herein will preverrt Lender from taldng the actions described in this paragraph in its own name.
<br /> 12 INDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of Grarrtor's obligations with respecl to the Property under
<br /> any arcumstances. Grantor shall irmiediately provide Lender with written notice of and indemnify and hold Lender and its shareholders,directors,officers,
<br /> employees and agents harmless from all daims, damages, liabilities(induding attomeys' fees and legal expenses), causes of action, actions, suits and
<br /> other legal proceedings(cumulaiNely"Clalrr�s")pertaining to the Property(including,but not Iimited to,those invoNing Hazardous Mate�ials). Grarrtor,upon
<br /> the request of Lender,shall hire legal counsel to defend Lender from such Claims,and pay the attomeys'fees,legal expenses and other costs incurred in
<br /> connection therewkh. In the altemative, Lender shall be entitled to employ its own legal counsel to defend such Claims at Grantor's cost. GraMor's
<br /> obligation to indermify Lender under this paragraph shall survive ihe termination,release or foreclosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessmerrts relating to Property when due and immediately provide Lender evidence
<br /> of payment of same. Upon the request of Lender, Grantor shall deposit with Lender each month one-lwelfth (1/12) of the estimated annual insurance
<br /> premium, taxes and assessments pertaining to the Properry. So long as there is no defauft, these amounts shall be applied to the payment of taxes,
<br /> assessmerrts and insurance as required on the Property. In the event of default,Lender shall have the rigM,at its sole option,to apply the funds so held to
<br /> pay any taxes or against the Obligations. My funds applied rtray,at Lender's option,be applied in reverse order of the due date thereof.
<br /> 14. INSPECTION OF PROPERTY, BOOKS, RECORDS AND REPORTS. Grarrtor shall allow Lender or its agerrts to examine and inspect the Property
<br /> and examine,inspect and make copies of Grantor's books and records pertaining to the Property from time to time. Grantor shall provide any assistance
<br /> required by Lender for these purposes. All of the signatures and information contained in Grantor's books and records shall be genuine,true,accurate and
<br /> complete in all respects. Grantor shall note the existence of Lender's benefiaal irrterest in its books and records pertaining to the Property. Additionally,
<br /> Grantor shall report,in a form satisfactory to Lender,such information as Lender may request regarding Grarrtor's finandal condition or the Property. The
<br /> information shall be for such periods,shall reflect Grarrtor's records at such time,and shall be rendered with such frequency as Lender may designate. All
<br /> information fumished by Grarrtor to Lender shall be true,axurate and complete in all respects,and signed by Grantor if Lender requests.
<br /> 15. ESTOPPEL CERTIFICATES. Wrthin ten(10)days after any request by Lender,Gramor shall deliver to Lender,or any intended transferee of Lender's
<br /> rigMs with respect to the Obligations,a signed and adviowledged statemeni specifying(a)the outstanding balance on the Obligations;and(b)whether
<br /> Grantor possesses any daims,defenses,set-offs or courrterdaims with respect to the Obligations and,if so,the nature of such claims,defenses,set-offs or
<br /> counterdaims. Grantor will be condusively bound by any representation that Lender may make to the intended transferee with respect to these matters in
<br /> the event that Grantor fails to provide the requested statemerrt in a timely manner.
<br /> 16. DEFAULT. Grantor shall be in defaufl under this Deed of Trust and the Trustee's power shall become operative in ihe event that Grarrtor,Borrower or
<br /> any guarantor of the Obligations:
<br /> (a) fails to pay any Obligation to Lender when due;
<br /> (b) fails to perform any Obligation or breaches any warranty or covenant to Lender contained in this Deed of Trust or any other preserrt or future
<br /> agreemerrt;
<br /> (c) destroys,loses or damages the Property in any material respect or subjects the Property to seizure,confiscation,or condermation;
<br /> (d) seeks to revoke,terminate or otherwise limft its liability under any guaranty to Lender;
<br /> (e) dies,becomes legally incompetem,is dissoNed or terminated,becomes insolverrt,rtrdkes an assignment for the benefit of creditors,fails to pay
<br /> debts as they become due,files a petRion under the federal banlwptcy laws,has an involuMary petition in banlwptcy filed in which Grantor,Borrower
<br /> or any guararrtor is named,or has property taken under any writ or process of court;
<br /> (fl allows goods to be used,transported or stored on the Property,the possession,transportation,or use of which,is illegal;
<br /> (g) allows any party other than Grantor or Borrower to assume or undertake any Obligation without the written conserrt of Lender;or
<br /> (h) causes Lender to deem itself insecure due to a significant decline in the value of the Property;or if Lender,in good faiih,for any reason,believes
<br /> that the prospect of payment or perfomiance is impaired.
<br /> 17. RIGHTS OF LENDER ON DEFAULT. If there is a defauft under this Deed of Trust,Lender shall be errtitled to exercise one or more of the following
<br /> remedies without notice or demand(except as required by law):
<br /> (a) to dedare the Obligations irmiediately due and payable in full;
<br /> (b) to collect the outstanding Obligations with or without resorting to judicial process;
<br /> (c) to require Grantor to delNer and make available to Lender any personal property or Chattels constituting the Property at a place reasonably
<br /> convenieM to Grantor and Lender;
<br /> (d) to eMer upon and take possession of the Property without applying for or obtaining the appointmerrt of a receiver and, at Lender's option, to
<br /> appoirn a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory conditions regarding
<br /> receivers,i1 being irrtended that Lender shall have this contractual right to appoirrt a receiver;
<br /> (e) to employ a managing ageM of the Property and let the same,either in Trustee's own name,in ihe name of Lender or in the name of Grantor,and
<br /> receive the rents,incomes,issues and proflis of the Property and apply the same,after paymeM of all necessary charges and expenses,on accourrt of
<br /> the Obligations;
<br /> (� to pay any sums in any form or manner deemed expedieM by Lender to proiect the security of this Deed of Trust or to cure any defauh other than
<br /> payment of interest or prinapal on the Obligations;
<br /> (g) to foredose this Deed of Trust judiaally or nonjudiaally and to direct the sale of the property through exercise of the power of sale as referenced in
<br /> paragraph 20 hereof in ac000rdance with applicable law;
<br /> (h) to set-off Grantor's Obligations against any amounts owed Grantor by Lender induding, but not limited to, monies, instrumerrts, and deposit
<br /> axourns maintained with Lender or any currently existing or future affiliate of Lender;and
<br /> (i)to exerase all other rigMs available to Lender under any other written agreement or applicable law.
<br /> Lender's rights are cumulative and may be exeroised iogether, separately, and in any order. In the everrt that Lender institutes an action seeking the
<br /> recovery of any of the Property by way of a prejudgmerrt remedy in an action against Grantor, Grantor waives the posting of any bond which might
<br /> otherwise be required. Lender or Lender's designee maypurchase the Property at any sale. Prooeeds of any Trustee's sale hereunder shall be applied
<br /> first,to the costs and expenses of exeroising the power of sale and of the sale,induding the paymeM of the Trustee's fees actually incurred and not to ;
<br /> exceed the amount which may be provided for in this Deed of Trust,second,to payment of the Obligations secured hereby,third,to the payment of junior
<br /> irust deeds,mortgages,or other lienholders,and the balance,if any,to the person or persons legally errtitled thereto. Theproperty or any part thereof may
<br /> be sold in one parcel,or in such parcels,manner or order as Lender in its sole discretion may elect,and one or more exercises of the power herein granted
<br /> shall not extinguish or exhaust the power unless the entire property is sold or the obligations are paid in full.
<br /> 18. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: If Lender elects to sell Grantor's iMerest in the Property by exercise of the power of
<br /> sale herein contained,Lender shall notity Trustee in the manner then required by law.
<br /> Upon receipt of such notice of Lender and at the direction of Lender,Trustee shall cause to be recorded,published and delivered such notices of defauft
<br /> and notices of sale as may then be required by law and by this Deed of Trust. Trustee shall,only at the direction of Lender and without demand on Grarrtor,
<br /> after such time as may then be required by law and after recordation of such notice of default and after notice of sale having been given as required by law,
<br /> sell the Property at the time and place of sale flxed by it in such notice of sale,either as whole or in separate lots or parcels or ftems as Lender shall deem
<br /> expedierrt,and in such order as R may determine,at public suction to the highest bidder for cash in lawful money of the United States payable at the time of
<br /> sale,or as otherwise may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof its good and suffiaent deed or deeds
<br /> conveying the property so sold, but without any covenant or warranty, express or implied. The reatals in such deed of any matters or facts shall be
<br /> condusive proof of the truthfulness thereof. Any person,induding,without limitation,Grantor,Trustee or Lender,may purchase at such sale. Trustee may
<br /> in the manner provided by law postpone sale of all or any portion of the Property.
<br /> 19. RE�UEST FOR NOTICES: Grarrtor requests that a copy of any notice of default and a copy of any notice of sale hereunder be mailed to each person
<br /> who is a perty hereto at the address of such person set forth herein at the same time and in the same manner required as though a separate request thereof
<br /> had been flled by each such person.
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