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<br />Lender to protect the security of the Note; (c) the performance of ail covenants and agreements of Tru$W ad forth herein; and (d) .II
<br />present and future indebtedness and obligations of Borrower (or any of them If more than rite) to Lender whether direct indirect
<br />absolute or contingent and whether arising by note, guarantj, overdraft or otherwise. The Note, this Deed of Trust and any and ail
<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 referred to' herein as the "Loan Instruments ".
<br />Truster covenants and agrees with Lender as follows:
<br />1. Payment of ladebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor ; the owner of the Property, has the right and authority to convey the Property. and warrants that the Ilea
<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 />defivered 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 />3. Taxes, Assessments. To pay before delinquency all tares, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by tire, haze !s 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 Lender. In case of loss under such policies, the Lender ie authorized to adjust collect and
<br />compromise, all claims thereunder and shall have 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, (ii) to the Trustor to be used for the repair or restoration of the Property
<br />or (III) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the lull amount secured
<br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due
<br />date 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 designate, sufficient e
<br />sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other chargs against
<br />the Property. (ii) the oremiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance
<br />required by Lender.
<br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall
<br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or
<br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property, shall no:
<br />commit sitter or permit any act to be done o e, upon the Property in violation of any law, ordinance, or regulation; and shall pay and
<br />promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the .
<br />Property or any part thereof.
<br />7. Eminent Domain. Lender is hereby assigned ah comper,<_ation, awards, damages and other payments or relief (here(naher
<br />"Proceeds ") in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of
<br />condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or
<br />proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the
<br />event any portion of the Property is o taken or damaged, Lender shall have the option. in its sole and absolute discretion, to apply
<br />ail such Pruceels, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any
<br />indebtedness secured hereby and in such order as Lender may determine, or to apply all such Proceeds, after such deductiolrs, to
<br />application of Proceeds to indebtedness shall
<br />the restoration of the Property upon such conditions as Lender may determine. Any
<br />not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any un .pplied
<br />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 legal proceeding
<br />commenced which materially affects Lender's interest In the Property, Lender may in its own discretion. but without obligation to do
<br />so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has
<br />agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately
<br />upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with
<br />the exercise indebtedness oesecugrednhhereby. together with
<br />of incur any liabilitydbecautsetopanythicg ithmayodo or omit ioldo
<br />hereuc^er.
<br />9. Hazardous Materials. Trustor 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 free from all substances deemed to be hazardous or toxic under any Environmental laws (collectively referred to
<br />herein as "Hazardous Materials "). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br />Property. Trustor hereby agrees to Ind gainst any and all and hold harmless Lender, its directors, officers, employees and agents, and
<br />under the Lender's interest, from and al claims, damages, losses and liabilibas arising in connection with
<br />any successors t
<br />the presence, use, disposal or transport of-any Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br />Y1ARR.4NTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDcf tt::r'. SHALL
<br />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; provided that Trustor
<br />shall, until the occurrence of an Event of Defaul; 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 without
<br />bringing any action or proceeding, or by a receiver appointed by a court and wit. *.out regard to the adequacy of its security. enter
<br />Upon and take possession of the Property, or any part thereof, in its own name or in the name of the Trustee, ai,d do Pny acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof or interest therein,
<br />increase the income therefrom or protect the security hereof and. with or without faking possession) of the ar Property, ert t sue for r
<br />otherwise collect the rent issues and profts thereof, including those past due and unpaid, and apply
<br />expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender
<br />may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the
<br />application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the conLfinuance in possession of the Property or
<br />the collection, receipt and application of rents, issues or profits. and Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the Luan Instruments or by taw upon occurrence of any Event of Default, including without limitation the right
<br />to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a
<br />limitation on, Lender's rights and remedies under any assignment of leases and rents recorded against the Properly. Lender, Trustee
<br />ano the 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 of any other sum secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Luan Instruments, or an
<br />other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on
<br />the Property 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, la_v or regulation relating to bankruptcy, insolvency or other relief fur debtors; or there shall be appointed any trustee,
<br />receiver or liquidator of Trustor or Borrower or of ail or any part of the Property, or the rents, issues or profits thereof, or Trustor
<br />or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or turther encumbrance of all or any part of or any interest in the
<br />Property, either voluntarily or involuntarily, without .he express written consent of Lender; provided that Trustor shall be
<br />permitted to execute a IP.ase of the Property that does not contain an rption to purchase and the term of which does not exceed
<br />one year;
<br />(1) Abandonment of the Property; or
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