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11.�LENDEFi'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall irmiediately provide Lender with written notice of any actual or
<br /> threatened action,suit,or oiher proceeding affecting the Property. Grantor hereby appoints Lender as its attomey-in-facl to commence,intervene in,and
<br /> defend such actions,suits,or other legal proceedings and to compromise or settle any claim or c�ntroversy pertaining thereto. Lender shall not be liable to
<br /> Grantor for any action,error,mistake,orrrssion or delay pertaining to the actions descnbed in this paragraph or any damages resufting therefrom. Nothing
<br /> corrtained herein will prevent Lender from taking the actions described in this paragraph in its own name.
<br /> 12. INDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of Grantor's obligations with respect to the Property under
<br /> any clrcumstances. Grantor shall immediately provide Lender with written notice of and indemni(y and hold Lender and its shareholders,directors,officers,
<br /> employees and agerrts harmless from all claims,damages, liabilities(including attorneys' fees and legal expenses), causes of action,actions, suits and
<br /> other legal proceedings(cumulatively"Claims")pertaining to the Property(induding,but not limited to,those involving Hazardous Materials). Grantor,upon
<br /> the request of Lender,shall hire legal counsel to defend Lender from such Claims,and pay the attorneys'fees,legal expenses and other costs incurred in
<br /> connection therewith. In the altemative, Lender shall be emitled to employ its own legal counsel to defend such Claims at Grantor's cost. Grantor's
<br /> obligation to indemnify Lender under this paragraph shall survive the termination,release or foredosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grantor shall pay ail taxes and assessments relating to Property when due and irmiediately provide Lender evidence
<br /> of payment of same. Upon the request of Lender, Grantor shall deposit with Lender each month one-twelfth (1/12) of the estimated annual insurance
<br /> premium,taxes and assessments pertaining to the Property. So long as there is no default, these amourns shail be applied to the payment of taxes, ,
<br /> assessmerrts and insurance as required on the Property. In the event of default,Lender shall have the right,at its 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 agents to exarr�ne and inspect the Property �
<br /> and exanvne,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 ihese purposes. All of the signatures and information contained in Grantor's books and records shall be genuine,true,accurate and 1
<br /> complete in all respects. Grantor shall note the existence of Lender's beneficial interest in its books and records pertaining to the Property. Additionally, �
<br /> Grantor shall report,in a foRn satisfactory to Lender,such information as Lender may request regarding Grantor's financial condition or the Property. The
<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. All �
<br /> infomration furnished by Grantor to Lender shall be true,accurate and complete in all respects,and signed by Grantor if Lender requests. �
<br /> 15. ESTOPPEL CERTIFICATES. Within ten(10)days after any request by Lender,Grantor shall deliver to Lender,or any intended transferee of Lender's �
<br /> rights with respect to the Obligations, a signed and aclmowledged statement specifying(a)the outstanding balance on the Obligations;and(b)whether �
<br /> Grantor possesses any claims,defenses,set-offs or counterdaims with respect to the Obligations and,if so,the nature of such claims,defenses,set-offs or
<br /> counterclaims. Grantor will be condusively bound by any representation that Lender may make to the iMended transferee with respect to these matters in
<br /> the evern that Grantor fails to provide the requested statement in a timely manner.
<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 guararrior of the Obligations:
<br /> (a) fafls 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 /> agreemern:
<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,temiinate or otherwise limit its liability under any guaranty to Lender;
<br /> (e) dies,becomes legally incompetent, is dissoNed or terminated,becomes insoNent,makes an assignment 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,iransported or stored on the Property,the possession,transportation,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 decline in the value of the Property;or if Lender,in good faith,for any reason,believes
<br /> that 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 whhout notice or demand(except as required by law):
<br /> (a) to dedare the Obligations imnediately due and payable in full;
<br /> (b) to collect the outstanding Obligations with 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, to
<br /> appoint a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory conditions regarding
<br /> receivers,it being intended that Lender shall have this contractual right to appoint a receiver;
<br /> (e) to employ a rrranaging 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 proMs 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 /> payrnent 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 acocordance with applicable law;
<br /> (h) to set-off GraMOr's Obligations against any am�unis owed Grarnor 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 exerdse all other rights available to Lender under any other written agreement or applicable law.
<br /> Lender's rights are currwlative 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 Property by way of a prejudgment remedy in an action against Grantor, Grantor waives the posting of any bond which might
<br /> othervvise 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 /> flrst,to the costs and expenses of exercising the power of sale and of the sale, including the payment of the Trustee's fees actuaily incurred and not to
<br /> exceed the amount which may be provided for in this Deed of Trust,second,to payment of the Obligations secured hereby,third,to the payment of junior
<br /> irust deeds,mortgages,or other lienholders,and the balance,if any,to the person or persons legally entitled thereto. The property or any part thereof 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 exerases 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 irrterest in the Property by exercise of the power of
<br /> sale herein contained,Lender shall notity Trustee in the manner then required by law.
<br /> Upon receipl of such notice of Lender and at the direction of Lender,Truslee shall cause to be recorded,published and delivered such notices of default
<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 default and after notice of sale having been given as required by law,
<br /> sell the PropertY at the time and piace of sale fixed by it in such notice of sale,eiiher as whole or in separate lots or parcels or items as Lender shall deem
<br /> expedient,and in such order as R 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 oiherwise 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 warrarny, express or implied. The recitals in such deed of any matters or facts shall be
<br /> condusive proof of the truthfulness thereof. Any person,induding,without limitation,Grantor,Trustee or Lender,may purchase at such sale. Trustee may
<br /> in the manner provided by law postpone sale of all or any portion of the Property.
<br /> 19. REQUEST FOR NOTICES: Grantor requests that a copy of any notice of default and a copy of any notice of sale hereunder be mailed to each person
<br /> who is a party hereto at the address of such person set forth herein at the same time and in the same manner required as though a separate request thereof
<br /> had been filed by each such person.
<br /> urnnrr. aw ��p� Pepe 3 d 6
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