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201602415
<br />No remedy therein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other
<br />remedy herein or by law provided or permitted, but each shall be cumulative, shall be in addition to every other
<br />remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be exercised
<br />concurrently, independently or successively.
<br />10. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a
<br />successor or substitute Trustee. Trustee shall not be liable for any loss or damage unless due to actionable gross
<br />negligence or willful misconduct, and shall not be required to take any action in connection with the enforcement of
<br />this Trust Deed unless indemnified, in writing, for all costs, compensation or expenses which may be associated
<br />therewith, in addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale
<br />granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a
<br />whole, or in separate parcels or lots.
<br />11. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and
<br />readvances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Trust Deed. At
<br />no time shall the principal amount of the indebtedness secured by the Trust Deed, not including sums advanced to
<br />protect the security of this Trust Deed, exceed the original principal amount stated herein.
<br />12. Miscellaneous Provisions.
<br />(a) Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. Borrower shall not de, nor allow anyone else to do, anything
<br />effecting the Property that is in violation of any Environmental Law. Borrower shall promptly give Lender written
<br />notice of any investigate, claim, demand, lawsuit or other actin by any governmental or regulatory agency or
<br />private party involving the Property and any hazardous substance or environmental law of which Borrower has
<br />actual knowledge. If Borrower learns, or is noticed by any governmental or regulatory authority, that any removal
<br />or other remediation of any hazardous substance effecting the Property is necessary, Borrower shall promptly
<br />take all necessary remedial actions in accordance with Environmental Law at Borrower's expense. As used herein
<br />"Hazardous Substances ", are those substances defined as toxic or hazardous substances by Environmental Law
<br />and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
<br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive material. As used
<br />herein "Environmental Law" means Federal Laws and laws of the jurisdiction where the Property is located that
<br />relate to the health, safety or environmental protection.
<br />(b) Borrower Not Releases. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Trust Deed granted by Lender to any successor in interest of Borrower shall not operate to release, in any
<br />manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required
<br />to commence proceedings against such successor or refuse to extend time for payment or otherwise modify
<br />amortization of the sums secured by the Trust Deed by reason of any demand made by the original Borrower and
<br />Borrower's successors in interest.
<br />(c) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation
<br />herein mentioned, and without affecting the lien or charge of the Trust Deed upon any portion of the Property not
<br />then or theretofore released as security for the full amount of all unpaid obligations, Lender may, from time to
<br />time and without notice (I) release any person so liable, (II) extend the maturity or alter any of the terms of any
<br />such obligations, (III) grant other indulgences, (IV) release or recovery, or cause to be release or reconvened at any
<br />time at Lender's options any parcel, portion or all of the Property, (V) take or release any other additional security
<br />for any obligation herein mentioned, or (VI) make compositions or other arrangements with debtors in relation
<br />thereto.
<br />(d) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or
<br />remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a
<br />waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Trust Dee.
<br />(e) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and
<br />Borrower, subject to the provisions of paragraph 8(e) hereof. All covenants and agreements of Borrower shall be
<br />joint and several. The captions and headings of the paragraphs of this Trust Deed are for convenience only and are
<br />not to be used to interpret or define the provisions hereof.
<br />(f) Request for Notice. The Parties hereby request that a copy of any notice of default hereunder and a copy of any
<br />notice of sale hereunder be mailed to each Party to this Trust Deed at the address set forth above in the manner
<br />prescribed by applicable law. Except for any other notice required under applicable law to be given in another
<br />manner, any notice provided for in this Trust Deed shall be given by mailing such notice by certified mail
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