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_ RE-RECORDED
<br />200400708 200400148
<br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in
<br />good condition and repair; shall promptly repair, or replace any improvements which may be
<br />damaged or destroyed; shall not commit or permit any waste or deterioration of the Property; shall
<br />not remove, demolish or substantially alter any of the improvement on the Property; shall not
<br />commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance,
<br />or regulation; and shall pay and 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 (hereinafter "Proceeds ") in connection with condemnation or other taking of
<br />the Property or part thereof, or for conveyance in lieu of condemnation. Lender shall be entitled at its
<br />option to commence, appear in and prosecute in its own name any action or proceedings, and shall
<br />also be entitled to make any compromise or settlement in connection with such taking or damage. In
<br />the event any portion of the Property is so taken or damaged, Lender shall have the option, in its
<br />sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all costs and
<br />expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby
<br />and in such order as Lender may determine, or to apply all such Proceeds after such deductions, to
<br />the restoration of the Property upon such conditions as Lender may determine. Any application of
<br />Proceeds to indebtedness shall not extend or postpone the due date of any payments under the
<br />Note, or cure any default thereunder 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 if
<br />any act is taken or legal proceeding commenced which 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 or
<br />demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor
<br />has agreed but fails 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 Lender, pay to Lender all costs and
<br />expenses incurred and sums expended by Lender in connection with the exercise by Lender of the
<br />foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be
<br />added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it
<br />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 too industrial hygiene or environmental protection
<br />(collectively referred to herein as "Environmental Laws "). Trustor shall keep the Property from all
<br />substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to
<br />herein as "Hazardous Materials ".) Trustor hereby warrants and represents to Lender that there are
<br />no Hazardous Materials on or under the Property. Trustor hereby agrees to indemnify and hold
<br />harmless Lender, its directors, officers, employees and agents, and any successors to Lender's
<br />interest, from and against any and all claims, damages, losses and liabilities arising in connection
<br />with the presence, use, disposal or transport of any Hazardous Materials on, under, from or about
<br />the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S
<br />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
<br />the right to collect and retain such rents, issues and profits as they become due and payable. Upon
<br />the occurrence of an Event of Default, Lender may, either in person or by agent, with or without
<br />brining any action or proceeding, or by a receiver appointed by a court and without regard to the
<br />adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to
<br />preserve the value, marketability or rentability of the Property, or any part thereof or interest therein,
<br />increase the income therefrom or protect the security hereof and, with or without possession of the
<br />Property, sue for or otherwise collect the rents, issues and profits thereof, including those past due
<br />and unpaid, and apply the same, less costs and expenses of operation and collection including
<br />attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender may determine.
<br />The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />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
<br />of default and, notwithstanding the continuance in possession of the Property or the collection,
<br />receipt and application of rents, issues or profits, and Trustee and Lender shall be entitled to
<br />exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any
<br />Event of Default, including without limitation the right to exercise the power of sale. Further, Lender's
<br />rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on,
<br />Lender's rights and remedies under any assignment of leases and rents recorded against the
<br />Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually
<br />received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of
<br />Trust:
<br />a) Failure to pay any installment of principal or interest of any other sum secured hereby
<br />when due:
<br />b) A breach of or default under any provision contained in the Note, this Deed of Trust, any
<br />of the Loan Instruments, or any other lien or encumbrance upon the Property;
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