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` 89-101563
<br />Lender to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (o) all
<br />present and future indebtedness and obligations of Borrower (or any of them of more than one) to Lender whether direct, indirect,
<br />absoliAs or contingent and whether arising by note guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all
<br />other docuents that secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security
<br />agreements and assignments of leases and rents, shall be referrer to herein as the "Loan Instruments".
<br />Trustor covenants and agrees with Lender as follows:
<br />3. Payiitnsriitof tadsbUdesw. All indebtedness secured hereby shall be paid when due.
<br />2. iNis. Trustor is the owner of ittp Property. has the right and authority to convey the Property, and warrants that the lien
<br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and
<br />delivered to Lender before execution of this Deed of Trust and the execution and delivery of this Deed of Trust does not violate any
<br />contract or.:other obligation to which Trustor is subject
<br />a Taxas. AssessnNnb. To pay before delin^yuency all taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />4. Ir wwance To keep the Property insured against damage by fire, hazards included within the term "extended coverage. and
<br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional
<br />named insured. with loss payable to the Lend: in case of loss under such policies, the Lender Is authorized to adjust, collect and
<br />compromise, all claims thereunder and shall hs re the option of applying all or part of the insurance proceeds (i) to any indebtedness
<br />secured hereby and In such order as Lender may determine, (if) to th a Trustor to be used for the repair or restoration of the Property
<br />or (i!i;. for any other purpose or ob;ect satisfactory to lender without affecting the lien of this peed of Trustfor the full amount secured
<br />herft.loefore such payment ever. took piece. Any application of proceeds to indebtedness shall not extend or postpone the due
<br />date of, any payments under the None or cure any default thereunder or hereunder.
<br />5- Eearow. Upon written derranday Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient
<br />sums tt!' ei;3ble Lender to pay as they beco re u_e one or more of thefollowing: (i) all taxes, assessor' stzts and other charges against .
<br />the Prc1t". (ii) the premiums on the properlg ir,..,erance required hereunder, and (iii) the premitoR6 on any mortgage insurance
<br />required lay Lender.
<br />6. Wa)ntenance, Repairs and Compliarpe with Law% Trustor shall keep the Praperty in good condition. and repair, shall
<br />prompt repair, or replace a ^y improvement., & ^:ch may be damaged or destroyed, stall not commit or permit any waste or
<br />deterioration o! the Property; shall not remove, :amolish or substantially after any of fife improvements on the Property; shall fret
<br />commit, suffer or pe.�m*tiany act to be done in or oon the Property in violai,6-- of any law, ordinance, or regulation; and shall par slid
<br />promptly dischargA ;ei Trustor's call and expense all liens, encumbrar.•: r, ,find charges levied, imposed or assessed agwmt rte
<br />Propr_•['ty.ar any part thereof.
<br />T. Eminent Domaln. Lender .s treefeby assigned all compensation, awards, darnaig *.and other payments or relief (hereinafter
<br />"Pro ")
<br />,:;: •,
<br />iNds in connection wrt`I ccndemnatiort or other ;ak:ng of the Property of tart thereof, or for conveyance in lieu of
<br />condemnation. Lender shalt be entitled at i,a. option to ccimmence, appear In ar& prosecute in its own name any action or
<br />proceedings, and shall also be entitled to makear °y compromise or settlement in cor•r, action with such taking or damage. In the
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<br />event any portion of the Property is so taken or darniaged- L -Inder shall have theoption, in its sole and absolute discretion, to apply
<br />all such proceeds, after deducting therefrom all costs arid: e.uaenses incurred by it it connection with such Proceeds, upon any
<br />indebtedness secured hereby and in such order as Lender rr ^y determine, or to apply all such Proceeds, after such deductions, to
<br />the restoration of the Property upon such conditions as Lerdt;r may determine_ Any application of Proceeds to indebtedness shall
<br />not extend or post,�rie the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapp; ,ad
<br />funds shall be paid, to Trustor.
<br />S. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<br />commenced which materially a5si::$ Lender's interest it the Property, Lender may in its o vn discretion, but witt'outobligation to do
<br />so, and without notice to or dery iii ;rpon Trustor and with out releasing Trustor from qny obligation, do any act ,,which Trustor has
<br />agreed but fails to do and may aise do any other act it deems necessary to protect the security hereof Trustor ;.fall, immedia!i afy
<br />upon demand therefor by lender, pay to Lendra °all costs and expenses incurred and sums expendi.W by.Lerrd!3r,,t connection ;vitb
<br />the exercise by Lender of the foregoing rights, frrgether with interest thereon at the default rate pro%;411416..n ti4 P;.n?a? which sr.wk lie
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<br />added' to the indebtedness secure; hereby. Lender steal,' not incur any liability because of anyth}hg it -;ay' do or omit to do
<br />hereut - Br.
<br />9. Hazardous Materials, T'n:;,tor shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />relating to industrial- hygiene or environmental protection (collectively referred to herein as "Environmental Laws" ). Trustor shall
<br />keep the Property fh;efrom all substances deemed to be hazardous or (C Kc' under any Environmental Laws (collectively refemtd;ta
<br />herein as "Hazardous Materials ";_ Trustor hereby warrants and represent s to Lender that there are no Hazardous Materials yI !yr
<br />under the Property. Trustor hereby agrees to Indemnify and hold harmless Lender, its directors, officers, employees and agents. and
<br />any successors to Lender's interest, from and against any and all claims. damages. Icaues and liabilities arising In connection with
<br />the presence, use, disposal or transport of-any Hazardous Materials on, under, rom Ur about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATCNS PURS! �ANr 1O THE FL"1"i1±GOING INDEMNITY, SlIALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lerder the rents. Issues and profits of the Property; provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits as they
<br />become due and payable. Upon the occurrence of an Event of Default. Lender may, either in person or by agent, with or w,;hout
<br />bringing any action or proceeding, or by a receiver appointed by a cowl and without regard to the adequacy of its security, aster
<br />upon and take possession of the Property, or any 179rt thereof, in its own name or in the name of the Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketability or renrtil)iflty of the Property, or any part thereof or interest therm(,
<br />increase the income therefrom or protect the security hereof •arid. vrth or without taking possession of the Property, sue !or or
<br />otherwise collect the rents. Issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br />expersesof operation and colfectlen including attorney' fee's, upon any Indebtednewi seecured hereby, all in such order as Lender
<br />may determine. The entering upgn and taking possession of the Property, the collection of such rents. Issues amii prclits alms the
<br />application thereof as aforesaid, !Oil 1t not cuto or waive any default or notice of default hereunder or invalidate Iany art (Inne in
<br />response to such default or pursuart to such I?r3lide of default and, notwethstand;ng the continuance In possession c.61.1 'iN op&ty or
<br />the collection, receipt and application of rents. Issues or profits, and Trustee and Lender shall be entitled to extetelim i ?pery right
<br />provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default. Including wethol t gtnigetlon, the right
<br />to exercise the power of sale. Further. Lender's rights and remedies under this paragraph shall be cumulative with, and :n no v'ay a
<br />limitation on. Lender's rights and rerredies under any assignment of leases and rePnts recorded against the Property Lender, Tru9t2e
<br />and the receiver shall be liable to account only for those rents actually receiveii.
<br />11. Even% of Detault. The following shall constitute an Event of Default under this Deed of Trust
<br />(a) Failure to pay any Installment of principal or Interest of any other sum secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note, this geed of Trust, any of the Loan instruments. or any
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<br />other Iran or enrrlmhramro Limn the Prctpnerr/.
<br />(c) A writ of executioner attachment or any similar process shall beertered against Trustor which shall become a ten on
<br />the Prop" or any portion thereof or interest therein,
<br />(d; There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other
<br />Statute, raw or regulation relating to bankruptcy. insoldency or other relief for debtors, cr there shall be appointed any trustee,
<br />receiver or liquidator of Tr,istor or Borrower or of all or any part of the Properri. or fhe ments. issues or profits thereof. or Trustor
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<br />or Botrowey► shalt mane any general assignment for the benefit of Cretlifors,
<br />(e) The sale. transfer. tease, assignment, conveyance or further encumbrance of art or any part of er art, interest in thv
<br />property. either voluntarily or ,nvGluntaray, ovilhuu? the express written consent of Lendw, prov.ded that Tr4,stur shall to
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<br />fsetrrn ,r[Ctf[r,piestr�tt�31�aF,B �!1hE+farrpe!TytrottlCes of whist 1anuWjont;, runt• ase and the Y•r,ofileandonsi not e ii, ceod
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<br />one year,
<br />if, Ab Ivaco ruint of t'Io Pirpt iity or
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