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202,E 09229
<br />deducting therefrom all costs and expenses incurred by Lender in connection with such taking or
<br />damage, upon any indebtedness secured hereby and in such order as Lender may determine, or to
<br />apply all such Proceeds, after such deductions, to the restoration of the Property upon such
<br />conditions as Lender may determine. Any application of Proceeds to indebtedness shall not
<br />extend or postpone the due date of any payments under the Note or cure any default thereunder
<br />or hereunder. Any unapplied funds shall be paid to Trustor.
<br />8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or
<br />if any act is taken or legal proceeding commenced that materially affects Lender's interest in the
<br />Property, Lender may in its own discretion, but without obligation to do so and without notice to
<br />or demand upon Trustor and without releasing Trustor from any obligation, do any act that
<br />Trustor has agreed but failed to do and may also do any other act Lender deems necessary to
<br />protect the security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to
<br />Lender all costs and expenses incurred and sums expended by Lender in connection with the
<br />exercise by Lender of the foregoing rights, together with interest thereon at the default rate
<br />provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not
<br />incur any liability because of anything it may do or omit to do hereunder.
<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all
<br />applicable laws, ordinances and regulations relating to industrial hygiene or environmental
<br />protection (collectively referred to herein as "Environmental Laws"). Trustor shall keep the
<br />Property free from all substances deemed to be hazardous or toxic under any Environmental
<br />Laws (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and
<br />represents to Lender that there are no Hazardous Materials on or under the Property. Trustor
<br />hereby agrees to indemnify and hold harmless Lender and its directors, officers, employees, and
<br />agents, and any successors to Lender's interest, from and against any and all claims, damages,
<br />losses, and liabilities arising in connection with the presence, use, disposal, or transport of any
<br />Hazardous Materials on, under, from, or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATION, AND TRUSTOR'S OBLIGATIONS PURSUANT
<br />TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS
<br />DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues, and profits
<br />of the Property, provided that Trustor shall, until the occurrence of an Event of Default
<br />hereunder, have the right to collect and retain such rents, issues, and profits as they become due
<br />and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by
<br />agent, with or without bringing any action or proceeding, or by a receiver appointed by a court
<br />and without regard to the adequacy of its security, enter upon and take possession of the
<br />Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts that
<br />Lender deems necessary or desirable to preserve the value, marketability or rentability of the
<br />Property, or any part thereof or interest therein; increase the income from the Property or protect
<br />the security thereof; and, with or without taking possession of the Property, sue for or otherwise
<br />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 attorney's fees, upon any
<br />indebtedness secured hereby; all in such order as Lender may determine. The entering upon and
<br />taking possession of the Property and the collection of such rents, issues, and profits, and the
<br />application thereof, as aforesaid shall not cure or waive any default or notice of default hereunder
<br />or invalidate any act done in response to such default or pursuant to such notice of default; and,
<br />notwithstanding the continuance in possession of the Property or the collection, receipt, and
<br />application of rents, issues, or profits, Trustee and Lender shall be entitled to exercise every right
<br />provided for herein or by law upon occurrence of any Event of Default, including without
<br />limitation the right to exercise the power of sale. Further, Lender's rights and remedies under
<br />this paragraph shall be cumulative with and in no way a limitation on Lender's rights and
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