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r 1 1 90-r 105575 the Pipperty Is so taken or damaged, Lender shall have the option. In its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and In such order as Lender may determine, or to apply all such Proceeds, after such deductions, 10 the restoration of the Property upon such conditions as tender may determine Any application of Proceeds to indebtedness shall not extend or postpone Me due date of any payments under the Note, or cure any default thereunder or hersuitder. Any unapplled funds shall be paid to Truster. 8. Poilotmance by Lender. Upon the occurrence of an Event of Default hereunder, or It any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may In Its own discretion, but without obligation to do so, and without notice to or demand upon Truster and without releasing Trustor from any obligation, do any act which Trustor has agreed but falls to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to Lender a 11 costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default rate provided In the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder. 9. Hazatdous Materials. Trustor shall keep the Property in compliance with all Applicable laws, ordinances and regulations relating to Industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws "). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein as "Hazardous Materlsls" ). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents. and any successors to Lender's Interest. from and against any and all claims, damages, tosses and liabilities arising In connection with the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF IHIS DEED OF TRUST 10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property. provided that Trustor shall, until the occurrence of an Event of Default hdteunder, have the i ighl to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part fl,. root, in its own name or in the name of the Trustee, and do any acts which it deems necossary or desirable to preserve the value, mafketabilily or rentability of the Property, or any part thereof or interest therein, 'ncrease the income therefrom or protect the security hereof and, with or without taking possession of the Property, sue for or otherwise caliect the rents, ,fishes and i fetid! Mataot. oncluding ihuib braid dire and .iskald, and apply the &aft-i8, less ouists isfid expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of the Property, the collection of such rents. Issues and profits and the application thereof as aforesaid. shall not cure or waive any default or rotice of default hereiinder or invalidate any act done in responselo such default or pursuant to such noticeof default and. notwithstanding the continuance in possession of the Property or the collection, receipt and application of (ante, issues or profits, and Trustee and Lander shall be entitled to exercise every right provided for In any of the Loan Instruments or by law upon occurrence of any Event of Default. including without limitation the right to exorcise the power of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on. Lender's rights and remedies under Any assignment of leases and rents recorded against the Property. Lender. Trustee and the receiver shall be (table to account only lot those rents actually received 11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust (a) Failure to pay any installment of principal or interest of any other sum secured hereby when due, (b) A breach plot delaull uncle, any piov islon contained in the Note. this Deed of !fuel, any of the Loan Instruments. or any other lien or encumbrance upon the Property, (c) A writ of execution or attachment or any -Similar process shall be entered against Trustor which shall become a lien on the Property or any portion thereof of Interest therein. (d) There shall be filed by or against Tr ustot or Borrower an action under any present or future federal, state or other statute, low or regulation relating to bankruptcy. insolvency or other relief for debtors or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the P. operty, o• the rents, issues or profits thereof, or Trustor or Borrower shall make any general assignment for the benefit of creditors, (e) The sale, transfer, lease. assignment, conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily of involuntarily, without the express written consent of Lender, provided that Trustor shall be permitted to execute a lease of the Property Char does not contain an option to purchase and the term of which does not exceed one year; (1) Abandonment of the Property, or (g) If Trustor is not an individual, the issuance, sale, transfer, dssignment, conveyance or encumbrance of more than a total of ____ percent of (of a corporation) its issued and outstanding stock or of a pa►tnershipl a total of percent of paltne ►sh:p Interests during the peroid this Deed of Trust remains a lien on the Pf•aptr^, •' ,,' t�. I wasstDise; Aeeeleralton Upon Detail In the event of any Event of Default Lurcew ..i,ft fthot.t ^ot,eee.ceat. a:, r •nquu@d by law. declarie ali indebtedness secured hereby to be due and palrable and tie same slim, Mfareup•on oece►ne due if •�,r ICdyable w0aut any presentment, demand, protest or votu;e :' any lone ?herealir• t sarcer rila-j (a) Demand that Trustee exercise the PiY. ,.ER OF SALE grartec 1^e,rim. Aral Tr,,stee shar !"ofeatter cause Tnistar's + intl ► rest on the Prnporty rr.IY i" rrnw the nr.- wo..n• rn I- ,n• 0 11rntWi iii+ r' I ^.P •*gnrer 0- ovfded in the NONA"A ',•,.R► ' Act: (b) Exercise any and all rights provided for in any of the Low, +sae ^, ^•errs .f' I~.1 ila upon occurrence cf arty Event M Defauit and (c) Commence an action to foreclose this Deed of Trust as a mo'ty lye awpofni a tdce,ver, or spei.ihcally enfurce any o! tnfr covenants hereof No remedy herain con tweed upon or reservea r,3 Tr„3T4!e dr L0r,%30 i intended to be emc.'us ve of any other remedy herein, in the Loan uratturnents or by law provided or perminea. but Pasch shalt Ck cumulative shall be in addilion to every other remedy given rtefeunder, rn the Loan Instruments or now or heroifrearr on 1T• fj a: law of on equity to by Ma".,10 and nt,iy bo exotosed concur fortiy ItWependently or successively 13. Thialee. The Trustee may resign at any time Without c,duse. and Lender ma) tit any hf,le and wdhou! r.au.e appoint A successor or substitute Trustee Trustaw shall not im liable to any party including without limitation Lender. Borrower 'rustor of any purchaser of the Property, for any loss of damage Unless due to reckless or willlul miscunduct and shall not be required to take any action in connection with the enforcement of this Deed of Trust unless ndemnl6" in Writing. for all costs. compensation or expenses which may be associated therewith In adddfi^ Trustee may bela)me a purchaser tit any sale of the Property budfclal or under the power of sale granted herein) postpone the safe of all or any portion of We Property as provided by taw. or sell the Property as a whole. or in separate parcels or lots at Trustees discretion 14 Fees and Expenses. In the event Trustee sells the Prope•ty by exercise of power of salmi+. Trust" shall be entitled to apply any sale proceeds first to payment of all costs and expenses of e■ercising porter of safe MOud,ng aft Trusted s fees. ar•d Lender s and Trustee'* attorney a tees. actually incurred to ltitletlt perm ned try applicable caw III the laves( B,3nuwef Co' Tf ustur 18111t-K,Ses dnv fight provided by law to cute an Everil of Default tender gh,fll be ent4lod to tel o.e, fr,,,f, Tr.,sti,r at1 t lists Anil fatless /f5 al tualiv incurred as a result of Tfuslor's default including wdhuut ,,inflation all Tov%fee to and attu,ney s feet lu the e.tent permitted b) applicable law Ifs Fulilre AdvarKes. Upon ,*quest of Borrower tetldef 1`118y al •IS Vyhgn "-Rke mrdll.t•,•r, 11 ,4111 h,t,,•f• .11.arnt es 'lint re advancestoeorrower Such advances aricrreadvaim"I a,th'nhueAllhere,•n %fin, hf•ri "•• <r'lt,f to, %tTf•r.t 'r•n %t At,. ,Fna•%thart the principal anio,im of the andebre/fneit Yet Life,$ hr lh•s I iel. 1 ,,f T •,.,, tl i1�� f ..,•I..r .. 1 t i ,, , I I'..• ., 11, t Dssdof Trust extend thr original prfnl.fpai anwuhi ,list (,.I r air• �r'(�rn, ,tit1 art, a •<, ,l,e.ih•r 1: i_m ;77 :Ate ry t>rr I