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4 <br />89-- :104618 <br />Me Property Is so taken or damaged. Lender shall have the option, in its cote and absohdR,41iscretidn; to apply all such Proceeds, <br />after deducting Visredrom all costs and expenses incurred by it in connection with Such Pr4fteds, -upon any Indebtedness secured <br />hereby and in such order as Lender may determine, or to apply all such Proceeds►, afltlr flinch deductions, to the restoration of fps <br />Property upon such conditions as Lender may determine. Any application of Procesdsta fil#ebtedness shall not extend or postpone <br />the due date of any payments under the Note, or cure any default thereunder or hereungor. Any unapplisd funds shalt be paid to <br />Truvw. <br />13. F'wfatmwes by fender. upon the occurrence of an Event of (, faun it[irieuiidU ►! _Q:.tf any act Is t3war#or Npt procowing <br />Fomnmced which materially affects Lender's interest; n the Property, Lender may :n ito+aWa discretion. but without obligation to do <br />so, and without notice to or demand upon Trustor anti without reteas!ng Trustor from trap; obligation. do any act which Trustor has <br />agreed but faits to do and may also do any ether act it,deems necessary tit protect this t+eourity hereof. Ttustlor shall, immediately <br />upon demand therefor by lender. pay to Lender all costs and exgenses incurred and by Lender in connection with <br />the exercise by Lender of the foregoing sights, together with irliarest 1herson at the ijeliWll'rate provided In the Note, which shall be <br />added , I..ds..�.1na.: tsr� <br />hereby. Lend -- shall not incur any iiablfit(+ because of anythtrig It may do or.amN to do <br />hereunder. <br />9. Hazardous Materials. Trustor shall keep the Property in compliance with alllapplicable laws, ordinances and regulations <br />relating to industrial hygiene or environmental protection (col!eetively referred to Herein as "Environmental Laws "). Trustor shall <br />kaepthe Property free from all substances deemed to be hazardous or toxic; underiany 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. Trustor hereby agrees to indemnity and hold harmtass LendurAtidirectors, officers, employees and agents. and <br />i 4ny successors to Lender's interest, from and againsvany and all•claime,damagm.losses and liabilities arising in connection with <br />die presence, use. disposal or transport d airy Hazardous Materials on, undert.,ttom or about the Property. THE FOREGOING <br />'; . !'.: WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S 08LICxATir NS PURSUANT ANT TO THE FOREGOING INDEMNITY, SHALL <br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. <br />`s`. ° ✓:.;, `' 10. Assignment of Ranh. Trustor hereby assigns to Lendor.ttie to. it. and pw� f� cf the Property, provided that Trustor <br />si ;ll, until the occurrence clan Event of Default hereunder, have ttie rig4lty collect and retain such rents, issues and profits as they. <br />::.1yftonte due and payable. Upon the occurrence of an Event of DefauW Lender may, either in person or by agent, with or withc.v.r.q <br />.krlttging 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 />, •r�aase the income therof m or protect the security horeof and, with or without taking possession of the Property, sue for or . <br />wise collect the r. S! .issues and profits thereof, including those past t,i et!d unpaid, and a>r,r.h�ae same, Less costa snot <br />e4enses of operation wr idwilrklpp,including attorneys' fees, upon any indedYWr r�s secured herip!' , aH in such order as Lender. <br />may determine t a'nar#?,r�'':.i73king possession of the Property, issues and profits and the' <br />application t i,�au as- lo.asaid, shad c'+d:.cure or waive any defai.A or notice of defauiv It risunder a' Invalidate any act done In <br />response to :,sWbi efA' .,.t.v, ursuanttG %3 —,h notice of default and, (10twithstanding the core'i; <br />