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1 <br />IL"902 <br />Lender to pmbd the security of fhe`Nete; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all <br />- <br />present and future indebtedniess and obligations of Borrower (or any of them it more than one) to leader whether direct Indirect. <br />` <br />absolute or contingent and whether arising by note, guaranty, overdraft er otherwise. The Note. this Deed of Trust and any and all <br />otMr doeusnb dw secure the No% or otherwise executed in connection therewith, Including without limitation guarantees, security <br />agreements affil assignments -of team and nets. shalt be referred tar heroin as the "Loan instruments" <br />Trustor covenants and agrees with Lender as follows: <br />'1. fty i - of fndsbNdnew. All Indebtedness secured hereby shall be paid when due, - <br />Z Tift Trustor Is the owner of the 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 Properly, except for liens and encumbrances set,forth by Trustor in writing and <br />` <br />delivered to Lender before execution of this feed of Trust and the execution and delivery of this need of Trust does not violate any <br />contract or other obligation to which Trustor Is subject <br />-3. Tstoss, Aseemmenl s-.To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />_.4. lnsuratnce To keep the Property insured against damage by fire, hazards Included within the term "extended coverage". and <br />i <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 is authorized to adjust collect and <br />compromise., fall claims thereunder and shall have the option of applying all or part of the insurance proceeds (ii) to any indebtedness <br />secured hereby and in such or`deras tender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property ' <br />or (Ii0 for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />! <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due <br />- <br />date of any payments under the Nate, or cure any default thereunder or hereunder. <br />- <br />5. Escrow. Upon written demand by Lender. Trustor shall pay to Lender, in such manner as Lender may designate,.sufficlent <br />sums to enable Lenderto pay as they become due one or more of thefollowing: (i) all taxes, assessments and other charges against <br />: <br />the Property. t;i) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance <br />! <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 not <br />commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shalt pay and <br />- . <br />promptly disorge at Trustor s, cost and expense all flans, encumbrances and chargeq levied, imposed or assessed against the ` <br />Property or any part thereot <br />• <br />7. En*wM Donraln. Lender is hereby assigned aJ compensation, awards, damages and, other payments or relief (hereinafter . <br />"Proceeds!) in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of <br />` <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 so taken or damaged, Lender shall have the option, in its sole and absolute discretion, to apply <br />all such Proceeds, 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 deductions, to <br />the restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall <br />I <br />not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied <br />r; <br />funds shall be paid to Trustor.f <br />i <br />a. Performance by Lendet. Upon the occurrence of an Event of Default hereunder, or of 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 Truster 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 by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note. which shall be <br />- <br />addetl to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do <br />hereunder. <br />9. Hazardous Materials. Trustor shall keep the Property in compliance w. ?h all applicable laws, ordinances and regulations <br />relating to Industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws!). Trustor shall <br />i <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 />under the Property. Truster 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, losses and liabilities arising in connection with <br />the presence. use, disposal or transport of -any Hazardous Materials on, under, from or about the Property. THE FOREGOING_= <br />WARRANTIES AND REPRESENTATIONS. AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL <br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. <br />; <br />10. Anignment 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 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 without <br />bringing any action or proceeding, or by a receiver appointed by a court and without 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, and do any 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 taking possession o! the Property, sue for or <br />Otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and <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,aforesald, shall not cure or waive any default or notice of default hereunder or invalidate any act done in <br />,. <br />response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or <br />'. <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 loan Instruments or by law upon occurrence of any Event of Default, including without limitation the right <br />t0 exerclsethe 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 ar-d rents recorded against the Property- Lender, Trustee <br />and 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)-Faifure, tor pay any irtstafiirrent of principal or interest of any other sum secured hereby wnerr titre: <br />• <br />(b) A breach of or default under any provision contained in the Note, fibs Deed of Trust. any of the Loan Instruments. or any . <br />` <br />other lieh or encumbrance upon the Property; <br />(c) A writof execution or attachmentor any sumlar process shalt be entered 'against Trustor which shall become a lien an <br />the Property or any portion.thereof or interest therein, <br />(d) There shalt be filed by or against Trustor or Borrower an action under any present or future, federal, state or other <br />statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or ihere shall be appointed any trustee. <br />receiver or liquidator of Trustor or Borrower or of allot any part of the Property, or thu rents, issues at profits thereof, or Trustor <br />or Borrower shall make any general assignment for the benefit of creditors, <br />N`r <br />(e) Thu dale, trdngfer. base. aSsigritnent. coffihiya rice dr furfrier 0MCufrib[Cihce Or all of jniyr vary of of amt ir,106S' iii thO <br />� <br />Property, either voluntarily or involuntarily, without the express wntferT consent of Lerdet: proaded that Trustor shall be <br />permitted to•execute a tease of the Property that dues not contain an opttwi to purchaser Carta li,e to +m does nut exceed <br />- onayear. <br />(f) Abandonment of the Propelrty., or <br />1 <br />