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200UU � 942
<br /> hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or
<br /> postpone the 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 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 promptly discharge at Trustor's cost and expense all liens,
<br /> encumbrances and charges levied, imposed or assessed against the Property or any part thereof.
<br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or
<br /> 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, it 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 bv Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or
<br /> 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 fails 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 (co(lectively referred to herein
<br /> as "Environmental Laws"). Trustor shall keep the Property free from all substances deemed to be hazardous or
<br /> toxic under any Environmental Laws (collectively referred to herein as "Hazardous Materials"). Trustor hereby
<br /> warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby
<br /> agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to
<br /> Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the
<br /> presence, use disposal or transport of any Hazardous Materials on, under, from or about the Property. THE
<br /> FOREGOING WARRANTIES AND REPRESENTATIONS,AND TRUSTOR'S OBLIGATIONS PURSUANT TO
<br /> THE FOREGOING INDEMNITY, 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 Property,
<br /> provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and
<br /> retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of Default,
<br /> Lender may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the
<br /> Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems
<br /> necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof, or
<br /> interest therein, increase the income therefrom, or protect the security thereof, and, with or without taking
<br /> possession of the Property, sue for, or otherwise collect, the rents, issues and profits thereof, including those past
<br /> due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney's fees,
<br /> upon any indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking
<br /> possession of the Property, the collection of such rents, issues and profits and the application thereof as aforesaid,
<br /> shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such
<br /> default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or
<br /> the collection, receipt and application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise
<br /> every right provided for herein or by law upon occurrence of any Event of Default, including without limitation the
<br /> right 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 recorded
<br /> against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually
<br /> received.
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<br /> 1 1. Events of Default. The following shall constitute an Event of Default under this Deed of Trust: ;
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