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202304031
<br />commit, suffer, or permit any act to be done in or upon the Property in violation of any law,
<br />ordinance, or regulation; and shall promptly discharge at Trustor's cost and expense all liens,
<br />encumbrances, and charges levied, imposed, or assessed against the Property or any part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages, and
<br />other payments or relief (herein "Proceeds") in connection with condemnation or other taking of
<br />all or any part of the Property, or for conveyance in lieu of condemnation. Lender shall be entitled,
<br />at its option, to commence, appear in, and prosecute in its own name any action or proceeding, and
<br />shall also be entitled to make any compromise or settlement, in connection with such taking or
<br />damage. In the event that any portion of the Property is so taken or damaged, Lender shall have
<br />the option, in its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom
<br />all costs and expenses incurred by Lender in connection with such taking or damage, upon any
<br />indebtedness secured hereby and in such order as Lender may determine, or to apply all such
<br />Proceeds, after such deductions, to the restoration of the Property upon such conditions as Lender
<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
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