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2000M42 20005708 in the original principal amount of 25 G00 • Ca _ and nny and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances'ro Borrower (or any of them if more than one) hereunder pursuant to oat: or more promissory notes or credit agreements (herein :al!ed "Note"); (b) the payment of other sums advanced by Lender to protect the se ^urity of the Note; (c) the performance of all covenants and agreements of Truster set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them !t more than one) to Lender whether direct, indirect, absolute or contin- y~,.; ^,,d wh0her arising by note, guaranty, overdraft or otherwise The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed In connection therewith, including without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments". Trustor covenants and agrees with Lender its follovrs! 1. Payment of Indebtedness. All Indebtedness seatred hereby shall be paid when due. 2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien treat- ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or other obligation to which Trustor is subject. 3. Taxes, Assessments, To pay before delinquency all taxes, special assessments and all other charges against the Property now or hereafter levied. 4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage', and such hazards as Lender may reouire, in amounts and with companies acceptable to Lender, naming Lender as an additional named insured, with !oss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compro- mise, at; c!.-6ms thereunder and shall have the option of applying all or part of the Insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (;i) to the Trustor to be used for the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the 'full amount secured hereby before such payment ever took place. Any applications of proceeds to Indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. 5. Escrow. Upon written demand by Lender, Tnistee shall pay to Lender, in such manner as Lender may designate, sufficient sums to enable Lender to pay as they become due one or more of the following: (1) all taxes, assessments and other charges against the Property, (ii) the premiums on the property insurance required hereunder, (iii) the premiums on any mortgage insurance required by Lender. 6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property In good condition and repair, shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or pemnit any waste or deteriora- tion of the Property; :,hall not remove, d9molish or substantially alter any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly dis- charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any part thereof. 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter "Proceeds") in c=onnection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation. Lender shall to entitled at its option to commence, appear in and prosecute in its,)wn name any action or proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property Is so taken or damaged, Lender shall have the option in Its sole and absolute discretion, to apply all such proceeds, after deducting therefrom rill costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such order as Lander may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such con- ditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any pay ments under the Note, or cure any default theraunder:;r hemunder. Any unapplied funds shall be paid to Trustor. d. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Trustor and without releasing Truster from any obligation, do any act which Trustor has agreed but failed to do and may also do any ocher act it deems nenessary to protect the security hereof. Truster shall, Immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exer- cise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shalt not incur any liability because of anything it may door omit to do hereunder. 9. Hazardous Matorlals. Trustor shall keep the Property In compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or environmental protection (collectively referred to herein wi "Environmental Laws"), Trustor shall keep k: the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein as "Hazardous Materials'). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Propoay. Trustor hereby agrees to indemnify and hold harmless Lender, Its directors, officers, employees and agents, and any eucces- snrc to t.endMr's intere3at, from and anainst any and all claims, damages, losses and liabilities arising In connection with the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL, SURVIVE RECONVEYANCE OF THIS DEED OF TAUS r. 10. Assignments of Rents. Truster hereby assigns to Lender, and grants Lender a security Interest In, all present. future and after arising rents, issues and profits of the Property; provided that Trustor shall, until ft occurrence of an Event of Default, hereunder. have +ne right to collect and retain such rents. Issues and profits as they become due and payable. Upon the occurrence of an Event of Default, Lander may, either in person or by agent, with or without bringing any action or proceMing, or by a receiver apprinted by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part th,~roof, in its own narro or in the name of the Trustoe, and do any acts which It deems necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof or interest therein, or to Increase the Income therefrom ar protot.t the security heroof and, W th or without taking possession of the Property, sue for or otherwise collect the rents, Issues and profits thereof. Including those past eue and unpaid, by notifying tenants to make payments to Lendor. Lender n1Ay apply rents. Issues and profits, lass costs anal expens- as. of operation and collection Including a"!omey's fees, to any indobtodnnss secured hereby, all in such order arc Lender may deter mine. The enterinri upon and taking possession of the Property, the collection of such rents, inwes and profits, aril the sopllcatlon thereof as afores:,ird shall not cure or waive any default or notice of default hereunder or Invalidates any act done in response to such default Of pursudnt to such notice of default and, notwithstanding the continuance In posspsalon of the property or tho collection. rocnipt and application of rents, issues or profits. Trustee and Lendor shall be entitled to exorclse nvprV right provided for In nny of thn L.oan.Instrurn+,rile or,hy few upon occurrence of any Event of D(rlault, Incl sling without Ilmitrttion t;"a rlpht to exorcise 1ho power of salt), Further, Londor's rights and remedies under this paragraph shall be cuniulativo with, and In no way a limitation on, Lender's rights and romndol; undor any wAignment of IoFases aril rents recorded rtgttlnlat•tho Proporty. Lender, Trustee and the recoil. nr shrill bo Ilablo to account oniy for thoso rents rictually rocoivgrt 11, Events of Default. They following shall constitute an Evenl of Default under this Deed of Trust: (it) Fatilurn to pay tiny Installmont of prlnclpnl or Interest of any other sum socursd hereby when duo: (b) A broach of or drafault under tiny provision contained In the Note, this Deed of Trust, any of the Loan Instruments, or nny other lion or encumbrance upon the Property; (c) A writ of oxecutlon or attachment or any similar process shall be entered against Trustor which shall become a lion on t the Prormny or any portion thereof or interest therein; (d) 'rhere shall be filed by or against Trustor or Borrower an action under any present or future Ncloral, strata or other statute, Inw or regulation relating to bankruptcy, Insolvency or cthor relief for debtors; or there shall be appr,inted Orly trustee, receiver or liqu!dator of Trustor or Borrower or of all or any part of the Property, or the rents, Issues or profits f iereof, or Trustor or Borrower :ihail make any general assig iment for the benefit of creditors;