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202101954
<br />discretion, to apply all such Proceeds on a pro rata basis, after deducting therefrom all costs and
<br />expenses incurred by it in connection with such Proceeds, to any indebtedness secured hereby utilizing
<br />the principal amount outstanding on the Note as of the distribution date (the "Payment Allocation"), or to
<br />apply all such Proceeds, after such deductions, to the restoration of the Property, upon such conditions
<br />as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the
<br />due date of any payment under the Note, or cure any default thereunder or hereunder. Any unapplied
<br />funds shall be paid to Trustor.
<br />8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if
<br />any act is taken or legal proceeding commenced which materially affects Lender's interest in the
<br />Property, the Lender may, in his or her own discretion, but without obligation to do so, and without notice
<br />to or demand upon Trustor, and without releasing Trustor from any obligation, do any act which Trustor
<br />has agreed but failed to do, and may also do any other act it deems necessary to protect the security
<br />hereof. Trustor shall, immediately upon demand therefor by such Lender, pay to such Lender all costs
<br />and expenses incurred, and sums expended by such Lender in connection with the exercise by such
<br />Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note,
<br />which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of
<br />anything Lender may do or omit to do hereunder.
<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable
<br />laws, ordinances and regulations relating to the environment (collectively referred to herein as
<br />"Environmental Laws"). Trustor shall keep the Property free from all substances deemed to be hazardous
<br />or toxic under any Environmental Laws (collectively referred to herein as "Hazardous Materials"). Trustor
<br />hereby agrees to indemnify and hold harmless Lender and its agents, and any successors to Lender's
<br />interest, from and against any and all claims, damages, losses and liabilities arising after the date hereof,
<br />and in connection with the presence, use, disposal or transport of any Hazardous Materials on, under,
<br />from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND
<br />TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE
<br />RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of
<br />the Property; provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the
<br />right to collect and retain such rents, issues and profits as they become due and payable. Upon the
<br />occurrence of an Event of Default, Lender may, either in person or by agent, with or without bringing any
<br />action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its
<br />security, enter upon and take possession of the Property, or any part thereof, in their own name or in the
<br />name of the Trustee, and do any act which they deem necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or any part thereof or interest therein, increase the income
<br />therefrom, or protect the security hereof and, with or without taking possession of the Property, sue for or
<br />otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the
<br />same, less costs and expenses of operation and collection, including attorneys' fees, to any indebtedness
<br />secured hereby, all in accordance with the Payment Allocation or such other order as Lender may
<br />determine. The entering upon and taking possession of the Property, the collection of such rents, issues
<br />and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such notice of
<br />default and, notwithstanding the continuance in possession of the Property or the collection, receipt and
<br />application of rents, issues or profits, the Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the Loan Documents, or by law, upon occurrence of any Event of Default including,
<br />without limitation, the right to exercise the power of sale. Further, Lender's rights and remedies under this
<br />paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any
<br />assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be
<br />liable to account for only those rents actually received.
<br />11. Events of Default. The events listed below shall each be considered an "Event of
<br />Default" for purposes of this Deed of Trust:
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