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200401726
<br />satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such
<br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any
<br />payments under the Note, or cure any default thereunder or hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate,
<br />sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and
<br />other charges against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the
<br />premiums on any mortgage insurance required by Lender.
<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 permit any
<br />waste or deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on
<br />the Property; shall not 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 pay and promptly discharge at Trustor's cost and expense all liens, encumbrances
<br />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 other payments or relief
<br />(hereinafter "Proceeds ") in connection with condemnation or other taking of the Property or part thereof, or for
<br />conveyance in lieu of condemnation, taken or damaged, Lender shall have the option in its sole and absolute discretion
<br />to apply all such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such
<br />Proceeds, upon any 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 may determine. Any
<br />application of Proceeds to indebtedness shall not extend or postpone the due date of any payment under the Note, or
<br />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 any act is taken or legal
<br />proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discretion,
<br />but without obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any
<br />obligation, do any act which Trustor has agreed but fails to do and may also do any other act it deems necessary to
<br />protect the security 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 foregoing rights,
<br />together with interest thereon at the default rate provided in the Note, which shall be added to the indebtedness secured
<br />hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder.
<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances and
<br />regulations relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental
<br />Laws "), Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under any
<br />Environmental Laws (collectively referred to herein as "Hazardous Materials "). Trustor hereby warrants and represents
<br />to Lender that there are no Hazardous Material 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 interest, from and against
<br />any and all claims, damages, losses and liabilities arising in connection with the presence, use, disposal or transport
<br />of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY,
<br />SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender, and grants Lender a security interest in, all present, future and
<br />after rising rents, issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of
<br />Default hereunder, 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 without bringing any
<br />action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon
<br />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
<br />thereof or interest therein, or to increase the income therefrom or protect the security hereof and, with or without taking
<br />possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, including those past due
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