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<br /> 99- 1a�s31u
<br /> 6. Maintenance. Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall
<br /> promptly repair, or replace, any improvement which may be damaged or destroyed; shall not commit or pernut any waste or
<br /> deterioration of the Property; sha11 not remove, demolish or substantially alter any of the improvements 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 or regulation; and sha11
<br /> promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the
<br /> Property or any part thereof.
<br /> 7. Eminent Domain. Lender is hereby assigned a11 compensation, awards, damages and other paytnents or relief
<br /> (hereinafter"Proceeds")in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu
<br /> of condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or
<br /> proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the
<br /> event any portion of the Property is so taken or damaged,Lender shall have the option, it its sole and absolute discretion, to apply
<br /> a11 such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any
<br /> indebtedness secured hereby and in such order as Lender may determine, or to apply all such Proceeds, after such deductions,to the
<br /> restoration of the Property upon such conditions as Lender may deternune. Any application of Proceeds to indebtedness sha11 not
<br /> extend or postpone the due date of any payments under the Note,or cure any default thereunder or hereunder. Any unapplied funds
<br /> sha11 be paid to Trustor.
<br /> 8. Performance b,y Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal
<br /> proceeding commenced, which materially affects Lender's interest in the Property, Lender may in its own discretion, but without
<br /> obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act
<br /> which Trustor has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor
<br /> shall,immediately upon demand therefor by Lender, pay to Lender a11 costs and expenses incurred and sums expended by Lender in
<br /> connection with the exercise by 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 because of anything it may do or
<br /> omit to do hereunder.
<br /> 9. Hazardous Materials. Trustor shall keep the Property in compliance with a11 applicable laws, ordinances and regulations
<br /> relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws"). Trustor sha11
<br /> keep the Property free from a11 substances deemed to be hazazdous or toxic under any Environmental Laws(collectively referred to
<br /> herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br /> under the Property. Trustor hereby agrees to indemnify and hold harmless Lender,its directors, of�cers, employees and agents, and
<br /> any successors to Lender's interest,from and against any and all claims, damages, losses and liabilities arising in connection with the
<br /> presence, use disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br /> WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING
<br /> INDENINITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br /> 10. Assignment of Rents. Trustor hereby assi�ns to Lender the rents, issues and profits of the Property, provided that
<br /> Trustor shall,until the occurrence of an Event of Default hereunder,have the right to collect and retain such rents,issues and profits
<br /> as they become due and payable. 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 to the adequacy of its security,
<br /> enter upon and take possession of the Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts
<br /> which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof, or
<br /> interest therein, increase the income therefrom, or protect the security thereof, and, with or without taking possession of the
<br /> Property, sue for,or otherwise collect,the rents,issues and profits thereof,including those past due and unpaid,and apply the same,
<br /> less costs and expenses of operation and collection including attorney's fees,upon any indebtedness secured hereby, all in such order
<br /> as Lender may deternvne. The entering upon and taking possession of the Property, the collection of such rents, issues and profits
<br /> and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done
<br /> in response to such default or pursuant to such notice of default and,notwithstanding the continuance in possession of the Property
<br /> or the collection, receipt and application of rents, issues or profits, and Trustee and Lender sha11 be entitled to exercise every right
<br /> provided for herein or by law upon occurrence of any Event of Default, including without limitation the right to exercise the power
<br /> of sale. Further,Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on,Lender's
<br /> rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall
<br /> be liable to account only for those rents actually received.
<br /> 11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
<br /> (a) Failure to pay any installment of principal or interest or any other sum secured hereby when due;
<br /> (b) A breach of, or default under, any provision contained in the Note, this Deed of Trust, any of the
<br /> Loan Instruments,or any other lien or encumbrance upon the Property;
<br /> (c) A writ of execution or attachment, or any similar process, sha11 be entered against Trustor, which
<br /> shall become a lien on the Property or any portion or interest therein;
<br /> (d} There shall be filed by or against Trustor or Borrower an action under any present or future federal,
<br /> state or other statute,law or regulation relating to bankruptcy,insolvency or other relief for debtors, or there shall
<br /> be appointed any trustee,receiver or liquidator of Trustor or Bonower or of a11 or any part of the Property, rents,
<br /> issues or profits thereof,or Trustor or Borrower sha11 make any general assignment for the benefit of creditors;
<br /> (e) The sale, transfer, assignment, conveyance or further encumbrance of a11 or any part of or any
<br /> interest in the Property, either voluntarily or involuntarily, without the express written consent of Lender or as
<br /> otherwise herein permitted;or
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