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<br /> 11. TRANSFER�F THE PR�PERTY; ASSUMPTI�N, If a�� or any paz�of the Froperty
<br /> or interest ther�xn is sald, transferred, or otherwise con�eyed by Trustor vvithout Benef ciary's prior
<br /> written consent, excluding �a}the creati�n af a lien �r encumbra�ce sub�rdinate to this Trust Deed, �b} a
<br /> transfer by operati�n of law upon the dea�h of a Trustar who is a joint tenant �r (c� the grant of any
<br /> leasehold interest of three �3} years or Iess which does nat cantain an option to purchase, such action is a
<br /> breach of this agreement, and Benef ciary may, at Beneficiary's optivn, dec�are all the sums secured by
<br /> this Trust Deed to be immediately due and payable; provided, fur�her, this Trust Deed may, at
<br /> Beneficiary's aptic�n, �e declared immediateiy due and payab�e if ��} Trust�r is a partnershtp and any
<br /> in�eres� in �he partnership is sold or assigned by any means whatsoe�er, or (�� if the Trus�or is a limi�ed
<br /> l.iabil�ty company and any managing member �n�erest in �he limi�ed liability company is oId ar assigned
<br /> by any means whatsae�er, or �2� Trus�or is a �orparation and a transfer nf the maj�rity stock awnership
<br /> interest in the corpora�ion occurs ar the Trustor corp�ration merges in any fnrm with another corpora�ion
<br /> or en�ity. Benef ciary shail ha�e wai�ed such option to accelerate if, prior ta the sale, trar�sfer, �r
<br /> con�eyance, Benef ciary and�he person to whom the Praperty�s to be sold or transferred reach agreement
<br /> iri writir�g that the credit �f such pers�n is satisfactary to Beneficiary and that the interest payab�e on the
<br /> sums �ecured by this Tru�t Dee� shall be at such rate as Beneficiary shall request.
<br /> 12. A�CELERATI�N UP�N DEFAULT; REMEDIES; SALE. The fai�ure �y the
<br /> Trust�r to make any payment or to perform any of the terms and conditiions of this Trust Deed, or the
<br /> �erms and condi�ians of�he Note, or any renewals, madifi�ations, or extensions thereof, ar the fai�ure to
<br /> rnake payment �f any ather indebtedness, prior or subsequent ta this Trust Deed, and secured �y this
<br /> pr�perty, nr the dea�h of one or m�re Trustors, shall be a breach and defau�t of this Trust Deed and the
<br /> Benefciary may dec�are a default and may deciare al� sums secured hereby immediately due and payab�e,
<br /> and the same shali thereupon beeame due and payable without presentment, demand, prates� ar notice of
<br /> any kind, pro�ided Trustor sha�l have any statutary right to cure the defau�t �efore any no�xce of default
<br /> and demand for sale may be delivered �o the Trustee. Thereafter, Benef ciary may del��er to Trustee a
<br /> wr�tten declaratian of default and demand for sale, Trustor agrees and hereby grants that the Trustee sha1�
<br /> have the pawer of sa�e of the Praperty and, �f Benefi�iary decides the Property is t� be so�d, it shall
<br /> deposit wi�h Trustee this Trust Deed and the Nate or notes and any ather dacuments e�idencing
<br /> expendi�ures secured hereby and shall de�i�er�o Trustee a written n��ice of default and election to �ause
<br /> the property to be so�d, and Trustee, in turn, sha�l prepare a similar notice in the form required �y law,
<br /> wh�ch shall be duly filed for record �y Trustee.
<br /> �a} After the lapse of such tirne as may be required by law f�ll�wing the recordat�on of
<br /> Notice of Default, and Natice of Defauit and Notice of Sale ha�ing been g��en as required by law,
<br /> Trustee, w�th�ut demand an Trus�or, shall se�l the Property, if not redeemed, in one ar mare parcels and in
<br /> such order as Trustee may determine an�he da�e an�i the�ime and place designated in said Natice of Sa�e,
<br /> at pubi�c auction, according t� law. Pro��ded howe�er, �rior to fore�l�sure af the leasehald interest,
<br /> Trustee shall be re�uired to pro�ide notice ta the Department af Veterans Affairs as requ�red under
<br /> Article�0 af the Amendment#1 �o the Enhanced Use Lease dated December 3, ���5.
<br /> �b} When Trustee se�ls pursuant to the pawers herein, Trustee shail apply�he proceeds of the
<br /> sale to payment �f the costs and expenses of ea�ercising the power �f sale and af the sa�e, inc�uding,
<br /> without �imitat�an, att�rneys' fees and the payment of Trustee's Fees incurred, vWhich Trustee's �'ees sha�l
<br /> no�, in the aggregate, exceed the fol�owing amaunts based upan the amount secured hereby and remaining
<br /> unpa�d at the time scheduled far sale: 5 percentum ❑n the balance �hereof and then to the �tems in
<br /> subparagraph(c�, in the order therein stated.
<br /> (c} After paying the items specif ed in subparagraph (b�, if the sa�e is by Trustee, ar if the
<br /> sa�e is pursuant to judicia� fore�lasure,�he proceeds of sa�e sha�l be appl�ed in the f�llaw�ng order:
<br /> t�� cost of any evidence of title procured in connec�ion with such sa�e and �f any
<br /> revenu�transfer fee required to be paid;
<br /> �2� all obligatinns secured by this Trust Deed;
<br /> �3} junior trust deeds, mortgages, ar other l�enholders;
<br /> �4} the remainder, if any,to the persan legally entitled thereto.
<br /> 13. ENVIR�NMENTAL PR�TE�TI�N RE�UIREMENT S, �VARRANTIE S AND
<br /> INDEMNITIES: That Trustor shall nat use, nor permit any tenant, occupant or any ather par�y ar entity
<br /> to use, the Prem�ses, �r any part thereof, for the purpose af generating, treating, producing, staring,
<br /> handling, transferr�ng, �JJI'C]Ce551I7�, �ransporting, disposing or �therwise releasing "hazardous subs�ances,"
<br /> as hereinafter defned, either on, in, fr�m or about the Premises which:
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