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<br />to Properly Is So taken or damaged, Lender shall have the option, in Its sole and absolute discretion, to apply all such Procesda,
<br />after deducting therefrom all costs and expenses Incurred by it in connection with such Proceeds, upon any indebladnatia Secured
<br />hereby and In such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the
<br />Properly upon each crnMNlons to Lender may determine. Any application of Proceeds to Indebtedness shall not extend or postpone
<br />the due dale of any payments under the Note, or cure any default thereunder or hereunder. Any unappilad funds shell be pald so
<br />TntMW.
<br />e. Perlsnttanoe by Lender. Upon the occurrence of an Event of Default bereunder, or if any act M taken or Islet 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 expanded by Lender in connection with
<br />the exercise by Lender of the foregoing rights, together with interest thereon at the dmlauh rate provided on the NOW which shall be
<br />added to the indebledness secured hereby. Lender felled not incur any uimbiiity because of anything it may do or omb to do
<br />twexdw.
<br />0. lilazardoue Materials. Trustor shall keep On Property in compha'tTice with all applicable laws,. ordinances and regulations
<br />rolabm,., Ixd Industrist hyglwn or environmental protection ;collectively referred to herein as "Environmental Lewis'). Trustor shell
<br />k64, Tt-'Ptopetty tree from ati substances deemed to be or toxic under any Environmental Laws (collectively referred to
<br />'hlwtlf n wa "Hazardous MalmrLxTi'- TriAstpr hereby wet► #rits and represents to Lender that there are no Ha=ardc,us Materials ern or
<br />undM the Property. Trustor heroJt'j agrees to in.tl'eritpiN ar+d'►old harmless Lender, its directors, officers, employees and ag©nlu. and
<br />any succifssom to Landpr's Intefeal, from an;: against any amid all claims, damages, losses and liabilities arising iti conrksction with
<br />the presence. use, disposal or transport of any Hazardou7 Materials on, under, from or about the Property. Twit FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOWS, •DBLIGATIONS PURSUANT TO THE FOREnOING IIV:D;EMNITY. SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Asslgaslat�I of Militia. Trustor hereby assigns to Lender the rents. issues and profits of the Property: provided that Trustor
<br />Shall. until the occurrence clan Event of Default hereunder, have the rtgrtT,. is zollect and retain such nmanta. issues and profits as the r
<br />bwome due and payable. Upon the occurrence of an Event of Defaullil, evdry may, either in petmo or by agent, with or without
<br />bringing any action or proceeding, or by a receiver appointed by a court and wilhoa,t ' Agard to the adequacy of its security, enter
<br />upon and take possession of the Property, or any part thereof, i n its own vName or In the name of the Trustee. arp4do any acts which it
<br />deems necosimary or desirable to preserve the value, marketability or lentabibty, of the Property. or any, pgrl thereal of interest therein,
<br />increase the income therefrom or protect the security hereof and, wm) -ir without taking possess,ar of the Property, sue for or
<br />Otwwise collect the rents, Issues and profits thereof, including those past due and unpaid. snit the same, less costa and
<br />expenses of operation and collection including attorneys' lees, 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 o! default and, notwithstanding the continuance in possession of the Property or
<br />the collection, receipt and application of rents, issues or profile. 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 />to exercise the power of sags. 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 arty assignment of leases and rents recorded against the Property Lender, Trustee
<br />and the receiver shall he liable to account only for those rents actually received
<br />11. ILvaMs of Debuts. The following shall constitute an Event of Default under this David 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 Loan Instruments, or any
<br />other Iran or encumbrance upon the Property,
<br />(e) A writ of execution or attachment or any similar process shall be entered against Trustor which "if c-iseome a Ion 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 prose"? of future federal, state or other
<br />statute, law or regulation retailing to bankruptcy, insolvency or other relief for debtors. or mere, wale be appointed any trustee.
<br />receiver or liquidator of Trustor or Borrower or of all or any pan of the Property, or the tones. isti ou or orofits thermal, or Trustor
<br />or Borrower shelf make any general assignment for the benefit of creditors,
<br />(e) The ale. transfer. Me". assignment conveyance or further encumbrance of abi or any pan of ut any informal in the
<br />Property, ettrer voluntarily or involuntarily, without the express written cortW? of Lender, provided that Truster shall be
<br />Permitted to execute a lease of the Property that does not contain an option to p•urcnase ano the term of which does not exceed
<br />one year.
<br />(1) Abandonment of the Properly. or
<br />(a 0 Trustor it not an individual, the issuance. sate, transfer assign memr c. vn.rryance or oncumbranc4 .y, micro than a told
<br />at _..._..._._,, percent of (if a corporation) its Issued ana vuistand ig stocit of I >t J partnership) a total of __--percent of
<br />partnolshke Iryterssb during the period this Do" of trust remains a lien on the Property
<br />ty. Retlledies; A admrallon Upon DdeuK in Me eveirt ct any Event of Default Lender may, williout notice except as required by
<br />' latrt. declare all indebtedness secured hereby to be duel .Anc payable and the saer*x shall thereupon NKOmv due and payable
<br />I . wWWW any presentment, dmnwtrdi. protestor notice Willis,), :.mil Thereafter Lonoo► onvu
<br />(a) Demand that Trusses exweise the POWER OF SALE gtanled herein. -ins Trustee shall thereaheir cause Trustor s
<br />•, li
<br />Interest In pie Property to be sow and slim proceeds to be distributed• all in the manner prov ded in the Nowasks Trust Doisds
<br />' 1 Act
<br />(b) Exercise any and all rights provided for in any of the Loan tnstrumoota ,at by law upon "r urrencm of any Event Of
<br />Dolltlult and
<br />del Caminarins an altflrfn to Ins, knaa m rlrrt od Tr. rat as m nlrvin mid. w J a .ter � nr ar.a, -.I i ilia onlnr�� aw..J Ili
<br />covanarhb hweot
<br />No remedy herein conferred upon or reserved to Tt usloo of Lender is intended to be vxchuslve of an y other remedy herein. in the
<br />Loan Instruments or by law provided or permuted. but each shall be c umulative. shall be in addition to erety other remedy given
<br />hereunder. In the Loan InaUunheate or now or hereafter krAist,ng at law or in equity a by statute. ,end may be exercised concurrently.
<br />l independently or successively.
<br />13. TrtNlee, The Trustee may resign at any Unw wdhOut cause and Londe) may at any time And without cause appoint a
<br />i suCCeosor Of Subsbtub Trustee. Trustee "I not be stable to any party. including without limitation Lender. fbtioww. Trustor of any
<br />pu(,hasw 01 the Property, tit any toms or damage unless dos to reckless or wililui niswunduct, and shall riot be trkquued to tike any
<br />+ 41,00111 in connection with the enforcement of this Deed of Trust unless indamntfled. in *f-ting. for ail costs, compensation or
<br />expenses which may be associated therewith In addition Trustee may bacornep d pUiChaser at any sale of the Property gud cial or
<br />j under the power of sale granted hmrNn). postpone Me Salo ut au or any portion of the Property- as provided by law. of sell the
<br />i Property as a whole. or in moparate parcels at lob at Trustee's discretion
<br />14. Prose and Bxpe1MM, In the *visit Trustee setis the Property by eiiareise of power ut sale. True%@ shad to vnbtled to apply
<br />any a" proceeds first b pay~t of all costs and e■pensma Of exerus.ng povva at sa'e .nclod.n*g su Trustee s tees and Lw+dw a
<br />and Trustee's 41tlWtft'$ NM, actually incurred to oAlent permitted by applicable iaw in t•+f event Borrower w Trua• .J u.erLeses any
<br />fight provided by law 10 cure An Event of Default. Lender shat. be *nnbod to r*LU.er IrL,rt, trustu, d, Lusts an.t expenses ai tuai,y
<br />Incurred as a rosu# of Truster's default, Including w,ttiout imitation all trustee s and attorney s fees t0 it* elswo petnvttoo by
<br />aypficome law
<br />15 Future Adraneea. Upon regv*St of Bettrower Lender may at is optoon rraxe ad%1 -1K •ial AnJ f.i:ure advances an-i r* .
<br />advances lo barower Such advances and readvantea M,th i nte►*!t MWOOn snail be S4K urfd by ?f* 1 i ?!@-A1 of Ttust Al np t." shall
<br />th* prtncr palamounlof the indebt* Grtessso %;u►edbVIri.} Deed OfTrust n.11 , d•^ rj3Wr *faS1.Jt'•L.ejtupfMI&Itl•'46I % ty'Itth-s
<br />Dead Of T►uat exceed the or,g,fiah principal amtlur+t s Aw riore n S 450.000.00 W c i o.ee S aerate*
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