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<br /> , 11. tENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall irmiediately provide Lender with written notice of any actual or
<br /> threatened action,suft,or other proceeding affecting the Property. Grarrtor hereby appoirrts Lender as its attomey-in-fact to cormience,iMervene in,and
<br /> defend such aclions,suits,or other legal proceedings and to compromise or settle any claim or corrtroversy pertaining thereto. Lender shall not be liable to
<br /> Grarrtor for any action,eRor,mistake,omission or delay pertaining to the actions described in this paragraph or any damages resufting therefrom. Nothing
<br /> contained herein will prevent 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 pertomiance of any of Grantor's obligations with respect to the Property under
<br /> any circumstances. Grantor shall immediately provide Lender with written notice of and indermify and hold Lender and iis shareholders,directors,officers,
<br /> employees and agents harmless from all daims, damages, liabil'tties(including attomeys' fees and legal expenses), causes of action, actions, suits and
<br /> other legal proceedings(cumulatively"Claims")pertaining to the Property(induding,but not limited to,those involving Hazardous Materials). 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 therewith. In the altemaiive, Lender shall be ernftled to employ fts own legal counsel to defend such Claims at Granior's cost. Grantor's
<br /> obligation to indermify Lender under this paragraph shall survive the termination,release or foredosure of ihis Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessments relating to Property when due and irm�ediately provide Lender evidence
<br /> of paymerrt of sarne. Upon the request of Lender, Grarnor shall deposit wilh Lender each moMh one-twelfth (1/12) of the estimated annual insurance
<br /> premum,ta�ces and assessmeMs pertaining to the Property. So long as there is no defauft,these amounts shall be applied to the payment of taxes,
<br /> assessments and insurance as required on the Property. In the event of default,Lender shall have the right,at its sole option,to apply the funds so held to
<br /> pay any taxes or against the Obligations. My funds applied may,at Lender's option,be applied in reverse order of the due date thereof.
<br /> 14. INSPECTION OF PROPERTY,BOOKS, RECORDS AND REPORTS. Grantor shall allow Lender or its agents to examine and inspect the Property
<br /> and examine,lnspecl 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 ihe signatures and information cornained in Grantor's books and records shall be genuine,true,accurate and
<br /> complete in all respects. Gramor shall note the existence of Lender's benefiaal irrterest in its books and records pertaining to the Property. Addhionally,
<br /> Grantor shall report,in a form satisfactory to Lender,such information as Lender may request regarding Grantor's finanaal condition or the Property. The
<br /> informetion shall be for such periods,shall reflect Grantor's records at such time,and shall be rendered with such irequency as Lender may designate. All
<br /> information fumished by Grantor to Lender shall be true,axurate and complete in all respects,and signed by Grantor if Lender requests.
<br /> 1S. ESTOPPEL CERTIFICATES. Wtthin ten(10)days after any request by Lender,Grantor shall deliver to Lender,or any intended transferee of Lender's
<br /> rights with respect to the Obligaiions, a signed and admowledged statemerrt specifying(a)the outstanding balance on ihe Obligations;and(b)whether
<br /> Grarrior possesses any daims,defenses,set-offs or courrterclaims with respect to the Obligations and,if so,the nature of such claims,defenses,set-offs or
<br /> couMerdaims. Grantor will be condusively bound by any representation that Lender may make to the irrtended transferee with respect to these matters in
<br /> the everrt that Grantor fails to provide the requested statemerrt in a timely manner.
<br /> 16. DEFAULT. Grarrtor shall be in default under this Deed of Trust and the Trustee's power shall become operative in the event that GraMor,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 covenarrt to Lender contained in this Deed of Trust or any other preserrt or future
<br /> agreement;
<br /> (c) destroys,loses or damages the Property in any material respect or subjects the Property io seizure,confiscation,or condemnation;
<br /> (d) seeks to revoke,tem�inate or otherwise limit its liabilfty under any guaranty to Lender;
<br /> (e) dies, becomes legally incompeterrt,is dissoNed or terMnated,becomes insolverrt,makes an assignment for the benefit of creditors,fails io pay
<br /> debts as they become due,files a petition under the federal bankruptcy laws,has an involurrtary petition in banlwptcy filed in which Grarnor,Borrower
<br /> or any guarantor is named,or has property taken under any wrii or process of court;
<br /> (� 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 wilhout the written consent of Lender;or
<br /> (h) causes Lender to deem itself insecure due to a significant dedine in the value of the Property;or if Lender,in good faith,for any reason,believes
<br /> that the prospect of paymem or perfom�ance is impaired.
<br /> 17. RIGHTS OF LENDER ON DEFAULT. If there is a default under this Deed of Trust,Lender shall be entitled to exercise one or more of the following
<br /> reR�edies without notice or demand(except as required by law):
<br /> (a) to dedare the Obligations immediately due and payable in full;
<br /> (b) to collect the outstanding Obligations with or without resorting to judiaal process;
<br /> (c) to requfre Grarnor to delNer and make available to Lender any personal property or Chattels constituting the Property at a place reasonably
<br /> convenieni to Grantor and Lender;
<br /> (d) to eMer upon and take possession of the Property without applying for or obtaining the appointmaM of a receiver and, at Lender's option, to
<br /> appoint a receiver without bond, without first bringing suit on the Obligations and without othervvise meeting any statutory conditions regarding
<br /> receivers,it being intended that Lender shall have this contractual right to appoiM a receiver;
<br /> (e) to employ a managing agent of the Property and let the same,either in Trustee's own name,in the name of Lender or in the name of Grantor,and
<br /> receive the reMs,incomes,issues and proflts of the Property and apply the same,after payment of all necessary charges and expenses,on acxoum of
<br /> the Obligations;
<br /> (� to pay any sums in any form or manner deemed expedierrt by Lender to protecl the security of this Deed of Trust or to cure any defauk other than
<br /> paymeM 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 exerase of the power of sale as referenced in
<br /> paragraph 20 hereof in acccordance with applicable law;
<br /> (h) to set-off Grantor's Obligations ageinst any amoums owed GraMor by Lender induding, but not IiMted to, monies, instrumerrts, and depos(t
<br /> axounts mairrtained with Lender or any currerrtly e�sting or future affiliate of Lender;and
<br /> (i)to exerdse all other rigMs availsble to Lender under any other written agreement or applicable law.
<br /> Lender's rigMs are cumulative and may be exerdsed together, separately, and in any order. In the event that Lender institutes an action seeldng the
<br /> recovery of any of the Property by way of a prejudgment remedy in an action against Grantor, Grantor waNes the posting of any bond which migM
<br /> othervvise be required. Lender or Lender's designee may purchase the Property at any sale. Proceeds of any Trustee's sale hereunder shall be applied
<br /> first,to the costs and expenses of exerdsing the power of sale and of the sale, induding the paymerrt of the Trustee's fees actually incurred and not to
<br /> exceed the amouni which may be provided for in this Deed of Trust,second,to payment of the Obligations secured hereby,third,io the paymerrt of junior
<br /> trust deeds,mortgages,or other lienholders,and the balance,if any,to the person or persons legally errtitled thereto. The property or any part thereof may
<br /> be sold in one parcel,or in such parcels,manner or order as Lender in hs sole discretion may elect,and one or more exerases of the power herein granted
<br /> shall not eutinguish 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 Gramor's irnerest in the Property by exercise of the power of
<br /> sale herein contained,Lender shall notify Trustee in the manner then required by law.
<br /> Upon receipt of such noUce 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 si the direction of Lender and without demand on Grarrtor,
<br /> aRer such time as may then be required by Iaw and after recordation of such notice of defautt and after notice of sale having been given as required by law,
<br /> sell the Property at the time and place of sale fixed by it in such notice of sale,either as whole or in separate lots or parcels or items as Lender shall deem
<br /> expediern,and In such order as it may determine,at public auction 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 Iaw. Trustee shall deliver to such purchaser or purchasers thereof its good and suffiaern deed or deeds
<br /> conveying the property so sold, but without any covenant or warrarny, express or implied. The recitals in such deed of any matters or facts shall be
<br /> condusive proof of the truthfulness thereof. My 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: Grantor requests that a copy of any notice of defauft and a copy of any notice of sale hereunder be mailed to each person
<br /> who is a party 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.
<br /> NE�OTC Rav_12fB7 ..___..�.,
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