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<br />90-- 106943
<br />closure or other required plans, whether such action is required
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<br />or necessary prior to or following transfer of title to the
<br />action is attributable,
<br />Property, to the full extent that such
<br />us©, generation,
<br />'
<br />directly or indirectly, to the presence or
<br />storage, release, threatened release or disposal of Uazardous
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<br />Materials by any person on the Property, prior to transfer of
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<br />title thereto by Lender. The foregoing warranties and repre-
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<br />pursuant to the foregoing
<br />sentations, and Borrower's obligations p
<br />indemnity, shall survive repayment of the Note and the recon-
<br />veyance of this Deed of Trust.
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<br />9. Assignment of Rental Management of Property. As
<br />"�""
<br />additional sec ura t h rounder. Harrower hereby assigns to Lender
<br />and of the Property, provided that
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<br />the rents, issues profits
<br />11 hereof
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<br />Borrower shall, prior to acceleration under paragraph
<br />have the right to collect and
<br />or abandonment of the Property,
<br />retain such rents, issues and profits as they become due and
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<br />payable. Upon acceleration or abandonment of the Property,
<br />Lender may , either in person or by agent, with or without bringing
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<br />any action or proceeding, or by a receiver appointed by a court
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<br />and without regard to the adequacy of its security, enter upon
<br />in its
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<br />and take possession of the Property, or any park thereof,
<br />it
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<br />own name or in the name of the Trustee, and do any acts which
<br />the value, marketability
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<br />deems necessary or desirable to preserve
<br />or rentability of the Property, or any part thereof or interest
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<br />therein, increase the income therefrom or protect the security
<br />with or without takin g posse
<br />seion of the Property, hereof
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<br />and,
<br />issues and profits
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<br />sue for or otherwise collect the rents,
<br />thereof, including those past c3uu and unpaid, and apply the same:
<br />_- -°-�- �- - - - �_-
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<br />less costs and Expense of operation and collection, including
<br />in
<br />'�'"- 'M•�� -°
<br />attorneys fees, upon any indebtedness secured hereby, all
<br />taking
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<br />such order as Lander may determine. The entering upon and
<br />possession of the Property, the collection of such rents, issues
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<br />and profits and the application thereof as aforesaid, shall not
<br />cure or waive any default or notice of default hereunder or
<br />invalidate any act done in response to such default or pursuant
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<br />to such notice of default and, notwithstanding the continuance in
<br />possession of the Property or the collection, receipt and applica-
<br />t
<br />tion of rents, issues or profits, and Trustee and Lender shall be
<br />entitled to exercise every right provided for in any of the Loan,,,
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<br />i;, °; .- ., �•
<br />Instruments or by law upon occurrence of any Event of Default,
<br />the of
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<br />including, without limitatic +n, the right to exercise power
<br />,,;.
<br />sale. Further, Lender's rights and remedies under this paragraph
<br />9 shall be cumulative with, and in no way a limitation on,
<br />Leases and
<br />Lender's rights and remedies Lander any Assignment of
<br />Rents recorded against the Property. Lender, Trustee and the
<br />actually
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<br />receiver shall be liable to account only for those rents
<br />yam;
<br />received.
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<br />10. Events of Default. The following shall constitute
<br />%'r}»l1,sr
<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 secured hereby
<br />when due, or failure to pay when due any other indebted -
<br />i';;+
<br />mess of Borrower to Lender;
<br />(b) A breach of or default under any provi-
<br />sion 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 />j
<br />period c:onLained therein;
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<br />(c) 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;
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<br />(d) There shall be filed by or against
<br />Borrower an action under any present or future federal,
<br />i
<br />state or other statute, law or regulation relatiiiq to
<br />bankruptcy, insolvency or other relief for debtors; or
<br />_q-
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