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� 2� 15�8259
<br /> Ixmited liability campany and any managrng member in��res� in �he �imited liability company is so�d or
<br /> assigned by any means whatsvever, or �3� Trus�ar is a c�rporatian and a transfer af the maj ority stock
<br /> ow.nership interest in the carporation occurs ar �he Trustor corporatian merges in any form with annther
<br /> c�rporatian or entity. Seneficiary shall ha�e waived such option to accelerate if, pr�or to the sa�e,
<br /> transfer, ar con�eyance, Beneficiary and the person to whom �he Property is �o be sold or transferred
<br /> reach agreemen� in vvriting�hat the credit of such persan �s satisfactary to Beneficiary and that the �nterest
<br /> payable an�he sums secured by�his Trus�Deed shall be at such rate as Benef c�ary sha11 request.
<br /> �2. A��ELERATI�N iTP�N DEFAULT; REMEDIES; SALE. The failure by �he
<br /> Trustor to make any payment or to perform any of the terms and conditians of th�s Trust Deed, or the
<br /> terms and canditions of the N�te, or any renewals, modificati�ns, or extens�ons thereof, ar the fa2lure �o
<br /> make payment af any other �ndebtedness, prior or subsequent to �his Trus� Deed, and secured by this
<br /> property, or the death of ane or mare Trustars, shal� be a breach and defaul� of this �rust I]eed and the
<br /> Beneficiary may declare a default and may dec�are a�� sums secured hereby immediately due and payable,
<br /> and the same sha�l thereupon became due and payable without presentmen�, dernand, protest or natice of
<br /> any k�nd, pro�ided Trustor shal� have any statut�ry right �a cure the default before any n�tice of default
<br /> and demand far saie ma}� be de�ivered �a the Trustee. Thereafter, Benef ciary may de�i�er to Trustee a
<br /> writ�en declaratian of default and demand fnr sale. Trustor agrees and here�y grants that the Trustee sha��
<br /> ha�e the pQwer of sale of the Praper�y and, if Beneficiary d�cides the Pro�er�y is �o be so1d, it sha�t
<br /> dep�sit with Trustee �his Trust Deed and �he Nate or notes and any other documents ev.idencing
<br /> expenditures secured hereby and shall deli�er to Trustee a written na�ice of default and e�ection �o cause
<br /> �he prapet-ty to be sold, and Trustee, in turn, shall prepare a similar z�otice in the fnrm required by law,
<br /> which shall �e duly filed for record by Trusti�e. � �
<br /> a} After the lapse of su�h tirne as may be required by Iaw fo�lowing the recardat�on of
<br /> Nat�ce of L7efault, and Natice af I]efault and Notice �f Sale ha�ing been given as required by law,
<br /> Trustee,w�thaut demand an Trustor, shal�sell the Property, if no�redeemed, in one or more parce�s and �n
<br /> such arder as Trustee may determine an the date and the time and place designated in sa2d Nat�ce of Sa1e,
<br /> afi public aucti�n, accarding to law. Pro�ided h�we�er, prior to foreciasure of the leasehvld in�erest,
<br /> Trustee shali be required ta pra�ide notice to the Depar�ment of V�terans Affairs as required under
<br /> Article�� of the Amendment#1 �o�he Enhanced Use Lease dated December 3, ��I 5.
<br /> b� When Trustee seils pursuant to�he powers here.in, Trustee shall apply the pr�ceeds of the
<br /> sa�e to paymen� �f the costs and expenses of exercising the power of sale and of the sale, iI1C�LIC�I�'lg,
<br /> withou� �imitat�on, attorneys' fees and the payment �f Trustee's Fees iricurred, which Trustee's Fees shall
<br /> n�t, in the aggregate, exceed the foll�vving amoun�s based upon the amaunt secured he.re�y and remaining
<br /> unpaid at the time scheduled for sa�e: 5 percentum an the ba�ance thereof and then ta the items �n
<br /> subparagraph�c}, in th�order therein stated.
<br /> c} After paying the items specified in subparagraph �b}, if the sa�e is by Trus�ee, or if the
<br /> sale is pursuant to jud�cial foreclosure,the proceeds nf sale shatl be applied in the fo�lowing order:
<br /> �} c�st of any evidence �f tit�e pr�cured in �onnectian with such sa�e and of any
<br /> revenue transfer fee requ�red ta be pazd;
<br /> 2} a11 obliga�ions secured by this Trust Deed;
<br /> 3} j uniar trust deeds,mar�gages, or other 1 ie.nholders;
<br /> 4} th�remainder, if any,t�the person �egal�y entitied thereto.
<br /> 13. En�ironmental Protection Requirements,Warranties And Indemni�ies: That Trus�or
<br /> sha�l na� use, nor permi� any tenant, occupant ar any a�her par�y or entity �o use, the Premises, or any
<br /> par� �hereof, far the purp�se of generating, treating, produc�ng, staring, hand�ing, transferring,
<br /> �7I'OC�551I�g, ��'aI75�]�T�1ri�, �15p�51I7g�I'4��']ei"W15�' I'e1e�51ng "hazardaus substances," as he.reinafter defined,
<br /> either an, in, fram or abou�the Premises which:
<br /> a� creates or causes a contaminatio.n either on the Premises ar e�sewhere which is required
<br /> � . by any gavernmental authority to be remo�ed, remediated, or otherwise c�eaned up under
<br /> any appl.icab�e "Environmental Law," as defned below,
<br /> b� creates any form ar ��ability, ci�il or criminal, direct or indirect, due to such
<br /> contaminatian, or
<br /> c} is in c�ntraven�ian af any Environmental Law.
<br /> That the terms "En►vironmental Law" and "Enviranmen�al Laws" as used in this Trust Deed
<br /> include any and all current and future f�deral, state and lacal en�ironmen�a� 1aws, statutes, rules,
<br /> regu latiions and ardinances, as the same shal] �e ame��ded and m�dified from time to time, including but
<br /> no� lrm�ted to, "comman law," the �omprehens��e Envir�nmenta� Response, Compensa�ian and Liability
<br /> Act ("�ER�LA"}, as amended frorn time ta time, the R.es�urce Conservation and Reco�ery Act
<br /> ("R�R.A"�, as amended from time to time, and �he Toxi� Subs�an�es Control Act�"TSCA"}, as amended
<br /> from �ime ta�ime.
<br /> P age 4 of S
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