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202207920
<br />may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due
<br />date of any payments 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
<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 Trustor
<br />has agreed but failed to do and may also do any other act Lender deems necessary to protect the
<br />security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to Lender all
<br />costs and expenses incurred and sums expended by Lender in connection with the exercise by
<br />Lender of the foregoing rights, together with interest thereon at the default rate provided in the
<br />Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability
<br />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 Laws
<br />(collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and represents
<br />to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees
<br />to indemnify and hold harmless Lender and its directors, officers, employees, and agents, and any
<br />successors to Lender's interest, from and against any and all claims, damages, losses, and liabilities
<br />arising in connection with the presence, use, disposal, or transport of any Hazardous Materials on,
<br />under, from, or about the Property. THE FOREGOING WARRANTIES AND
<br />REPRESENTATION, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING
<br />INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS 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 hereunder,
<br />have the right to collect and retain such rents, issues, and profits as they become due and payable.
<br />Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or
<br />without bringing any action or proceeding, or by a receiver appointed by a court and without regard
<br />to the adequacy of its security, enter upon and take possession of the Property, or any part thereof,
<br />in its own name or in the name of the Trustee, and do any acts that Lender deems necessary or
<br />desirable to preserve the value, marketability or rentability of the Property, or any part thereof or
<br />interest therein; increase the income from the Property or protect the security thereof; and, with or
<br />without taking possession of the Property, sue for or otherwise collect the rents, issues, and profits
<br />thereof, including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including attorney's fees, upon any indebtedness secured hereby; all in
<br />such order as Lender may determine. The entering upon and taking possession of the Property and
<br />the collection of such rents, issues, and profits, and the application thereof, as aforesaid shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done in response to
<br />such default or pursuant to such notice of default; and, notwithstanding the continuance in
<br />possession of the Property or the collection, receipt, and application of rents, issues, or profits,
<br />Trustee and Lender shall be entitled to exercise every right provided for herein or by law upon
<br />occurrence of any Event of Default, including without limitation the right to exercise the power of
<br />sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with and in
<br />no way a limitation on Lender's rights and remedies under any assignment of leases and rents
<br />recorded against the Property. Lender, Trustee, and the receiver shall be liable to account only for
<br />those rents actually received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed
<br />of Trust:
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