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200001502 8. Performance by Lender. If an Event of Default has occurred, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Borrower shall, immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any personal liability because of anything it may do or omit to do hereunder, except resulting from gross negligence or fraud. 9. Actions Affecting Trust Estate. Borrower shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Lender or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Lender or Trustee may appear. Should Borrower fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, or this Trust Deed, then Lender and /or Trustee, each in its own discretion, without obligation to do so and without notice to or demand upon Borrower and without releasing Borrower from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Borrower shall, immediately upon demand therefor by Lender, pay all costs and expenses incurred by Lender in connection with the exercise by Lender of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and reasonable attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate provided in the Note. 10. Events of Default. The following shall constitute an Event of Default under this Trust Deed: A. Failure to pay any installment of principal or interest or any other sum secured hereby when due, or failure to pay when due any other indebtedness of Borrower to Lender relating to the Property, provided, however, Borrower shall have fifteen (15) days to pay the same before an Event of Default is declared. B. A breach of or default under any other provision contained in the Note, or this Trust Deed, or in any of the Loan Instruments, or any other lien or encumbrance upon the Property, provided, however, Borrower shall have thirty (30) days to correct the default after written notice is given, before an Event of Default is declared. C. A writ of execution or attachment or any similar process shall be entered against Borrower which shall become a lien on the Property or any portion thereof or interest therein; provided, however, Borrower shall have thirty (30) days to remove the same before it is an Event of Default. D. Any representation or warranty made by the Trustor in this Trust Deed, or in any documents pertaining to this loan that is or becomes untrue in any material respect. E. In the event that the Trustor or any one or more of the partners of Trustor (1) applies for or permits the appointment of a receiver, trustee or liquidator of all or a substantial part of its assets, or (2) is adjudicated a bankrupt or insolvent, or files a voluntary petition in a bankruptcy, reorganization or insolvency proceeding, or a petition to institute a debtor's proceeding or case, or (3) admits in writing its inability to pay its debts as they become due, or generally does not pay its debts I