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<br />the Property, and (b) all coats of any required or necessary
<br />repair, cleanup or detoxification and the preparation of any
<br />closure or other required plans, whether such action is required
<br />-
<br />or necessary prior to or following transfer of title to the
<br />full extent that such action is attributable,
<br />Property, to the
<br />directly or indirectly, to the presence or use, generation,
<br />storage, release, threatened release or disposal of Hazardous
<br />�..
<br />Materials by any person on the Property prior to transfer of
<br />title thereto by Lender. The foregoing warranties and repre-
<br />sentations, and Borrower's obligations pursuant to the foregoing
<br />indemnity, shall survive repayment of the Note and the recon-
<br />veyance of this Deed of Trust.
<br />-: -
<br />9. Assignment of RentsF Management of Property. As
<br />additional security hereunder, Borrower hereby assigns to Lender
<br />the rents, issues and profits of the Property, provided that
<br />Borrower shall, prior to acceleration under paragraph 11 hereof
<br />or abandonment of the Property, have the right to collect and
<br />retain such rents, issues and profits as they become due and
<br />payable. Upon acceleration or abandonment of the Property,
<br />j -
<br />Lender may, either in person or by agent, with or without bring-
<br />ing any action or proceeding, or by a receiver appointed by a
<br />court and without regard to the adequacy of its security, enter
<br />a
<br />upon and take possession of the Property, or any part thereof, in
<br />its own name or in the name of the Trustee, and do any acts which
<br />it deems necessary or desirable to preserve the value, market-
<br />ability or rentability of the Property, or any part thereof or
<br />interest therein, increase the income therefrom or protect the
<br />security hereof and, with or without taking possession of the
<br />Property, sue for or otherwise collect the rents, issues and
<br />profits thereof, including those past due and unpaid, and apply
<br />the same, less costs and expenses of operation and collection,
<br />including attorneys' fees, upon any indebtedness secured hereby,
<br />all in such order as Lender may determine. The entering upcn and
<br />taking possession of the Property, the collection of'such rents,
<br />issues and profits and the application thereo' as aforesaid,
<br />shall not cure or waive any default or notice of default here -
<br />under or invalidate any act done in response to such default or
<br />_
<br />pursuant to such notice of default and, notwithstanding the
<br />"-
<br />continuance in possession' of the Property or the collection,
<br />receipt and application of rents, issues or profits, and Trustee
<br />and Lender shall be entitled to exercise every right provided for
<br />in any of the Loan Instruments or by law upon occurrence of any
<br />Event of Default, including,, without limitation, the right to
<br />exercise the power of sale. Further, Lender's rights and reme-
<br />dies nnder this paragraph 9 shall be cumulative with,, and in no
<br />_
<br />way- a. limitation an, Lender's rights and remedies under any
<br />Assignment of Leases and Rents recorded against the Property.
<br />Lender, Trustee and the receiver shall be liable to account only
<br />for those rents actually received.
<br />Ill. Events of Default. The following 'ahacll constitute
<br />an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of .
<br />principal or interest or any other SUM'- securci heretl?_
<br />when due, or failure to pay when due any atlzes fir=
<br />debtedn.ess of Borrower to Lender;
<br />(bi A breach of or default under any- provi.-
<br />lion contained in the Note, this Deed of Trust, any of
<br />the Loan Instruments, or any other encumbrance upon the
<br />Property, after giving effect to any applicable cure -
<br />period contained therein;
<br />Cc) A writ of execution or attachment or any
<br />similar process shall be entered against Borrower which
<br />shall become a lien on the Property or any portion
<br />thereof or interest therein;
<br />(d) There shall be filed by or against
<br />Borrower an action under any present or future federal,
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