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<br />such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date
<br />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 and
<br />repair; shall promptly repair, or replace, any improvement which may be damaged or destroyed; shall not commit or
<br />permit any waste or deterioration of the Property; shall not remove, demolish or substantially alter any of the
<br />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 for
<br />conveyance in lieu of condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in
<br />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 costs
<br />and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such
<br />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 by 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, ordinances
<br />and regulations relating to industrial hygiene or environmental protection (collectively referred to herein as
<br />"Environmental Laws "). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic
<br />under any Environmental Laws (collectively referred to herein as "Hazardous Materials "). Trustor hereby warrants
<br />and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to
<br />indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's
<br />interest, from and against any and all claims, damages, losses and liabilities arising in connection with the presence,
<br />use disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE
<br />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 retain
<br />such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of Default, Lender
<br />may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a
<br />court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part
<br />thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to
<br />preserve the value, marketability or rentability of the Property, or any part thereof, or interest therein, increase the
<br />income therefrom, or protect the security thereof, and, with or without taking possession of the Property, sue for, or
<br />otherwise collect, the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection including attorney's fees, upon any indebtedness secured hereby, all in
<br />such order as Lender may determine. The entering upon and taking possession of the Property, the collection of such
<br />rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents,
<br />issues or profits, and Trustee and Lender shall be entitled to exercise every right provided for herein or by law upon
<br />occurrence of any Event of Default, including without limitation the right to exercise the power of sale. Further,
<br />Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's
<br />rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the
<br />receiver shall be liable to account only for those rents actually received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sum secured hereby
<br />when due;
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