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2000U0484
<br /> - 9. Hazardous Materials. Trustorshall keep the Property in compliancewith all applicable laws,
<br /> ordinances and regulations relating to industrial hygiene or environmental protection (collectively referred to
<br /> herein as "Environmental Laws"). Trustor shall keep the Property free from all substances deemed to be
<br /> hazardous or toxic under any Environmental Laws(collectively referred to herein as"Hazardous Materials").
<br /> Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents,
<br /> and any successors to Lender's interest,from and against any and all claims, damages, losses and liabilities
<br /> arising after the date hereof and in connection with the presence,use,disposal or transport of any Hazardous
<br /> Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND
<br /> REPRESENTATIONS, ANDTRUSTOR'SOBLIGATIONSPURSUANTTOTHE FOREGOING INDEMNITY,
<br /> SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br /> 10. Assignment of Rents. Trustor hereby assigns to Lender the rents,issues and profits of the
<br /> Property; provided that Trustor shall,until the occurrence of an Event of Default hereunder, have the right to
<br /> collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of
<br /> an Event of Default, Lender may, either in person or by agent, with or without bringing any action or
<br /> proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter
<br /> upon and take possession of the Property,or.any part thereof,in its own name or in the name of the Trustee,
<br /> and do any act which it deems necessary or desirable to preserve the value,marketability or rentability of the
<br /> Property, or any part thereofor interesttherein,increase the income therefrom or protect the securiry hereof
<br /> and,with or without taking possession of the Property,sue for or otherwise collect the rents,issues and profits
<br /> thereof, including those past due and unpaid,and apply the same,less costs and expenses of operation and
<br /> collection including attorneys' fees, to any indebtedness secured hereby, all in such order as Lender may
<br /> determine. The entering upon and taking possession of the Property,the collection of such rents, issues and
<br /> profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default
<br /> hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,
<br /> nofinrithstandi ng the continuance in possession of the Property or the collection, receipt and application of
<br /> rents, issues or profits,the Trustee and Lender shall be entitled to exercise every right provided for in any of
<br /> the Loan Documents or by law upon occurrence of any Event of Default,including,without limitation, the right
<br /> to exercise the power of sale. Further,Lender's rights and remedies under this paragraph shall be cumulative
<br /> with, and in no way a limitation on, Lender's rights and remedies under any assignment of leases and rents
<br /> recorded againstthe Property. Lender,Trustee and the receivershall be liable to account for only those rents
<br /> actually received.
<br /> 11. Events of Default. The events listed below shall each be considered an "Event of DefaulY'
<br /> for purposes of this Deed of Trust:
<br /> (a) The occurrence of an event of default under any of the Loan Documents;
<br /> (b) A breach of or default under any provision contained in this Deed of Trust or any other lien
<br /> or encumbrance upon the Property;
<br /> (c) A writ of execution, garnishment or attachment or any similar process shall be entered
<br /> against Trustor;
<br /> (d) There shall be filed by or against Trustor an action under any present or future federal, state
<br /> or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors;
<br /> (e) There shall be appointed a trustee,receiveror liquidatorof Trustoror of all or any part of the
<br /> Property, or the rents,issues or profits thereof,or Trustor shall make any general assignment for the
<br /> benefit of creditors;
<br /> (fl The sale,transfer,lease,assignment,conveyance or further encumbrance of all or any part
<br /> of or any interestin the Property,eithervoluntarilyor involuntarily,withoutthe expresswritten consent
<br /> of Lender;
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