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20000150?
<br />deficiency judgment against the Trustor. If Borrower has given
<br />Lender a chattel mortgage, or security agreement on personal
<br />property and additional security for the debt secured hereby, in
<br />the event of default hereunder or thereunder, Lender shall have
<br />the right and option to first foreclose on said personal
<br />property, without prejudice to its rights to thereafter sell or
<br />foreclose the Property or to pursue all security at the same time
<br />or to pursue the personal property after the sale or foreclosure
<br />of the Property.
<br />12. Trustee. The Trustee may resign at any time without
<br />cause, and Lender may at any time and without cause appoint a
<br />successor or substitute Trustee. Trustee shall not be liable to
<br />any party, including without limitation Lender, Borrower or any
<br />purchaser of the Property, for any loss or damage unless due to
<br />reckless or willful misconduct, and shall not be required to take
<br />any action in connection with the enforcement of this Trust Deed
<br />unless indemnified, in writing, for all costs, compensation or
<br />expenses which may be associated therewith. In addition, Trustee
<br />may become a purchaser at any sale of the Property (judicial or
<br />under the power of sale granted herein); postpone the sale of all
<br />or any portion of the Property, as provided by law; or sell the
<br />Property as a whole, or in separate parcels or lots.
<br />13. Fees and Expenses. In the event Trustee sells the
<br />Property by exercise of power of sale, Trustee shall be entitled
<br />to apply any sale proceeds first to the payment of all costs and
<br />expenses of exercising power of sale, including all Trustee's
<br />fees actually incurred. In the event Trustor exercises any
<br />rights provided by law to cure an Event of Default, Lender shall
<br />be entitled to recover from Trustor all costs and expenses
<br />actually incurred as a result of Trustor's default, including
<br />without limitation all Trustee's and reasonable attorney's fees.
<br />14. Future Advances. Upon request of the Trustor, Lender
<br />may, at its option, make additional and future advances and
<br />readvances to Trustor. Such advances and readvances, with
<br />interest thereon, shall be secured by this Trust Deed. At no
<br />time shall the principal amount of the indebtedness secured by
<br />this Trust Deed, not including sums advanced to protect the
<br />security of this Trust Deed, exceed the original principal stated
<br />herein.
<br />15. Assicnment of and Securitv Interest in Leases and
<br />Rents. As additional security hereunder, Trustor hereby assigns
<br />to Lender the rents, issues and profits of the Property; and
<br />Trustor is making this assignment herein in a separate document,
<br />which document is entitled Assignment of and Security Interest in
<br />Leases and Rents, which is incorporated herein as though it is
<br />fully set forth herein.
<br />16. Hazardous Materials.
<br />a. Borrower shall keep the Property in compliance with any
<br />and all federal, state and local laws, ordinances and regulations
<br />relating to industrial hygiene or to environmental conditions on,
<br />under or about the Property, including, but not limited to, soil
<br />and groundwater conditions. Borrower shall not use, generate,
<br />manufacture, store or dispose of on, under or about the Property
<br />or transport to or from the Property any flammable explosive,
<br />radioactive materials, hazardous wastes, toxic substances or
<br />related materials, including, without limitation, any substances
<br />defined as or included in the definition of "hazardous
<br />substances ", "hazardous wastes ", "hazardous materials" or "toxic
<br />substances" under any applicable laws, ordinances or regulations
<br />(collectively referred to hereinafter as "Hazardous Materials ").
<br />Borrower hereby warrants and represents to Lender, that there are
<br />no Hazardous Materials on or under the Property, except as noted
<br />in the Level One Environmental Report furnished to Lender.
<br />Borrower hereby agrees to indemnify and hold harmless Lender, its
<br />directors, officers, employees, and agents, and any successors to
<br />Lender's interest, from and against any and all claims, damages
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