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•� ' + DEFEND LEGAL ACTIONS. Grantor shall immediately provide Lender with written notice of any actual or �
<br /> 1�. LENDfR'S RIGHT TO COMMENCE OR y P� �
<br /> tllreatened action,suit,or other proceeding affecting the Property. Grantor hereb a ints Lender as its attorney-in-fact to commence,intervene in,and �
<br /> defend such actions,suits,or other legal pfoceedings and to compromise or settle any cla�m or controversy pertaining thereto. Lender shall not be liable to
<br /> • Grantor for any action,error,mist3ke,omission or delay pertaining to the acti�oans 9es�bed in this paragraph or any damages resulting therefrom. Nothing � m
<br /> contained herein Will prevent Lender from taking the actions described in this ra ra in its own name. � �
<br /> 12. iNDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of Granior's obligations with respect to the Property under � A
<br /> any circumstances. Grantor shall irrxnediately provide Lender with written notice of and indemnify and hold Lender and its shareholders,directors,ofhcers,
<br /> employees and agenis harmless from all claims, damages, liabilities (including attorneys' fees and legal expenses), causes of action, actions, suits and � v
<br /> o t her legal proceedin gs(cumulatively"Claims")pertaining to the Property(including,but not limited to,those involving Hazardous Materials). Grantor,upon rn
<br /> the request of Lender,shall hire legal counsel to defend Lender from such C laims,an d pay the attorne ys'fees,legat expenses and other costs incurred in
<br /> connection,therewith. In the alternative, Lender shali be entitied to employ its own legal counsel to defend such Claims at Granior's cost. Grantor's G
<br /> obligation to indemnify Lender under this paragraph shall survive the termination,release or foreclosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grantorender�Gralnt�r shall depost wlhnLender�neachPmonth one-twelfth (1/�12) of h�e1elstpmat de nnualrinsurance �
<br /> of payrnenl of same. Upon the request of L ,
<br /> premium,taxes and assessments pertaining to the Property. So long as ihere is no default, these amounts shall be applied to the payment o taxes, r
<br /> assessments and insurance as required on the Property. In the event of default,Lender shall have the right,at iis sole option,to apply the funds so held to
<br /> pay any taxes or against the Obligations. Any funds applied maY,at Lender's option,be applied in reverse order of the due date thereof. �
<br /> 14. INSPECTION OF PROPERTY, BOOKS,RECORDS AND REPORTS. Grantor shall allow Lender or its ageMs to examine and inspect the Property �
<br /> and examine,inspect and make copies of Grantor's books and records pertaining to the Property from time to time. Grantor shall provide any assistance
<br /> required by Lender for these purposes. All of the signatures and information contained in Grantor's books and records shall be genuine,true,accurate and
<br /> complete in all respects. Grantor shall note�t�n�ertsuch nformation as Lender�nmay request r gardng Grantor's fpnancial9condition or t�heyProperty.nThe ifT
<br /> Grantor shall report,in a form satisfactory t
<br /> information shall be for such periods,shall reflect Grantor's records at such time,and shall be rendered with such frequency as Lender may designate.
<br /> information furnished by Grantor to Lender shall be irue,accurate and complete in all respecis,and signed by Grantor if Lender requests.
<br /> 15. ESTOPPEL CERTIFI Obf ation�ta�si ned and acknowledged statement specifying(a)the loutstanding bal�nrce onn he tObligationssfand(b)Lwhether
<br /> rights with respect to the g 9
<br /> Grantor possesses any claims,defenses,set-offs or counterclaims with respect to the Obligations and,if so,the nature of such claims,defenses,set-offs or
<br /> he eventthat GGanto�fails t prov deUthe reque ted ta men r nsa t amely tmanner.�r�y�e to the intended transferee with respect to these matters in
<br /> 16. DEFAULT. Grantor shall be in default under this Deed of Trust and the Trustee's power shall become operative in the event that Grantor,Borrower or
<br /> any guarantor of the Obligations:
<br /> (a) fails to pay any Obligation to Lender when due;
<br /> (b) fails to perform any Obligation or breaches any warranty or covenant to Lender contained in this Deed of Trust or any other present or future
<br /> agreement;
<br /> (c) destroys,loses or damages the Property in any material respect or subjects the Property to seizure,confiscation,or condemnation;
<br /> (d) seeks to revoke,terminate or otherwise limit its liability under any guaranty to Lender;
<br /> (e) dies,becomes legally incompetent,is dissolved or terminated, becomes insolvent, makes an assignmeni for the benefit of creditors,fails to pay
<br /> debts as they become due,files a petition under the federal bankruptcy laws,has an involuntary petition in bankruptcy filed in which Grantor,Borrower
<br /> or any guarantor is named,or has property taken under any writ or process of court;
<br /> (f) allows goods to be used,transported or stored on the Property,the possession,iransportation,or use of which,is illegal;
<br /> (g) allows any party other than Grantor or Borrower to assume or undertake any Obligation without the written consent of Lender;or
<br /> (h) causes Lender to deem itself insecure due to a significant deciine in the value of the Property;or if Lender,in good faith,for any reason,believes
<br /> ihat the prospect of payment or performance is impaired.
<br /> 17. RIGHTS OF LENDER ON DEFAULT. If there is a default under this Deed of Trust, Lender shall be entitled to exercise one or more of the following
<br /> remedies without notice or demand(except as required by law):
<br /> (a) to declare the Obligations irrmediately due and payable in full;
<br /> (b) to collect the outstanding Obligations wfth or without resorting to judicial process;
<br /> (c) to require Grantor to deliver and make available to Lender any personal property or Chattels constituting the Property at a place reasonably
<br /> convenient to Grantor and Lender;
<br /> (d) to enter upon and take possession of the Property without applying for or obtaining the appointment of a receiver and, at Lender's option, io
<br /> appoint a receiver without bond, without first bringing suit on the Obligations and without othervvise meeting any statutory conditions regarding
<br /> receivers,it being irnended that Lender shall have this contractual right to appoint a receiver;
<br /> (e) to employ a managing agent of the Property and let the same,either in Trustee's own name,in the name of Lender or in the name of Grantor,and
<br /> receive the rents,incomes,issues and profits of the Property and apply the same,after payment of all necessary charges and expenses,on account of
<br /> the Obligations;
<br /> (f) to pay any sums in any form or manner deemed expedient by Lender to protect the security of this Deed of Trust or to cure any default other than
<br /> payment of interest or principal on the Obligations;
<br /> (g) to foreclose this Deed of Trust judicially or nonjudicially and to direct the sale of the property through exercise of the power of sale as referenced in
<br /> paragraph 20 hereof in acccordance with applicable law;
<br /> (h) to set-off Grantor's Obligations against any amounts owed Grantor by Lender including, but not limited to, monies, instruments, and deposit
<br /> accounts maintained with Lender or any currently existing or future affiliate of Lender;and
<br /> (i)to exercise all other rights available to Lender under any other written agreement or applicable law.
<br /> Lender's rights are cumulative and may be exercised together, separately, and in any order. In the event that Lender institutes an action seeking the
<br /> recovery of any of the Properly by way of a prejudgmeM remedy in an action against Grantor, Grantor waives the posting of any bond which might
<br /> otherwise be required. Lender or Lender's designee may purchase the Property at any sale. Proceeds of any Trustee's sale hereunder shall be applied
<br /> first,to the costs and expenses of exercising the power of sale arid of the sale, including the payment of the Trustee's fees actually incurred and not to
<br /> exceed the arnount which may be provided for in this Deed of Trust,second,to payment of the Obligaiions secured hereby,third,to the payment of junior
<br /> trust deeds,mortgages,or other lienholders,and the balance,if any,to the person or persons legally entitled thereto. The property or any part ihereof may
<br /> be sold in one parcel,or in such parcels,manner or order as Lender in its sole discretion may elect,and one or more exercises of the power herein granted
<br /> shall not extinguish or exhaust the power unless the entire property is sold or the obligations are paid in full.
<br /> 18. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: If Lender elects to sell Grantor's interest in the Property by exercise of the power of
<br /> sale herein contained,Lender shall notify Trustee in the manner then required by law.
<br /> ecorded ublished an
<br /> d delivered such notices of default
<br /> Upon receipt of such notice of Lender and at the direction of Lender,Trustee shall cause to be r ,p
<br /> and notices of sale as may then be required by law and by this Deed of Trust. Trustee shall,only at the direction of Lender and without demand on Grantor,
<br /> after such time as may then be required by law and after recordation of such notice of defauft and after notice of sale having been given as required by law,
<br /> sell the Property at the time and place of sale fixed by it in such notice of sale,either as whole or in separate lots or parcels or iiems as Lender shatl deem
<br /> expedient,and in such order as it may determine,at public auction to the highest bidder for cash in lawful money of the United States payable at the time of
<br /> sale,or as otherwise may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
<br /> conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facis shall be
<br /> intheUSmanne provided by lawl posipone sat of alo r any Iport on of hehP o Iperty.tion,Grantor,Trustee or Lender,may purchase at such sale. Trustee may
<br /> 19. RE�UEST FOR NOh addre srof surch personlsettforth he�einna the�ame�teme la d nthe sameamanner equ�ed as though a eparaee request ther of
<br /> who is a party hereto a
<br /> had been filed by each such person.
<br /> �I
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