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<br /> 11. LENDER'S RIGHT TO COMIIAENCE OR DEFEND LEGAL AC110NS. Grantor shall irm�ediately provide Lender wRh written notice of any actual or
<br /> -threalened action,suit,or other prooee�ng affecting the Property. Grantor hereby appoirrta Lender as hs attomey-in-fact to cormienoe,frrtervene In,and
<br /> defend such actions,suits,or other legal prooeedin�and to compromise or settle any daim or corrtroversy pertaining thereto. Lender shall not be Ilable to
<br /> Grantor for any ac4ion,error,mfstake,omission or delay pertaiNng to the actions described in this peragraph or any damages resulting therefrom. Nothing
<br /> cantained herein wifl preverrt Lender from taking the actions described in this parapraph in its own name.
<br /> 12 INDEMNIFICATION. Lender shail not assume or be responsible for the performance of any of Grantor's obligatfons with respect to the Properry under
<br /> any dreumstanoes. Grantor shall irrmediately provide Lender wRh written noUce of and indertnfty and hold Lender and its share(�olders,directors,offlcers,
<br /> employees and agerrts ham�less from all daims,damages, liabilfties(induding attomeys'fees and legal expenses),causes of action, actions, sufts and
<br /> other legal proceedings(cumulatbely"Clalms")pertaining to the Property(induding,but not limited to,those irnolving Hazardous Materials). Grantor,upon
<br /> the request of Lender,shall hire legal counsel to defend Lender from such Claims,and pay the ariomeys'fees,legal expenses and other costs incurred in
<br /> connection therewith. In the altemative, Lender shali be errtmed to employ tts own legal counsel to defend such Claims at Grantor's cost. Grarrtor's
<br /> oblfgaUon to indermify Lender under this paragraph shall survive the tem�ination,release or foredosure of this Deed of Trust.
<br /> 1S. TAXES AND ASSESSMENTS. Grantor shaii pay all taxes and assessments relaiing to Property when due and imrnediately provide Lender evidenoe
<br /> of payment of same. Upon the request of Lender,C3rantor shall deposit with Lender each morrth one-twelfth (1/12) of the estirnated annual insurance
<br /> premium,taxes and essessments pertalning to the Property. So long as there is no default,ihese amourrts shall be applied to the paymerrt of taxes,
<br /> assesart�ents and insuranoe as requfred on the Property. In the eveM of defauR,Lender shall have the right,at ita sole option,to apply the funds so held to
<br /> psy any taxes or sigainst the Obligations. My funds applied may,at Lsnder's option,be appiied in reverse order of the due date thereof.
<br /> 14. INSPECTION OF PROPERTY,BOOKS,RECORDS AND REPORTS. Grantor shall allow Lender or fts agerrts to exarrine and inspect the Propery
<br /> and examine,inspect and make oopies of Grantor's books and records pertaining to the Property from time to time. Grarrtor shall provide any assfstance
<br /> required by Lender for these purposes. All of the signatures and infom�ation contained in Grantor's books and records shall be genuine,tn�e,axurate and
<br /> Gr�antor shall�report�,in a form satisfadory totLende�su�inf�tion as Lender imay request regarding rantor's flnandalg tcondit on orph Prop�I�The•
<br /> infom�ation shall be for such periods,shall reflect GrantoPs records at such time,and sha�i be rendered with such frequency as Lsnder may designate. All
<br /> infom�ation fumished�Gramor to Lender shall be true,axurate and complete in all respects,and signed by Grantor if Lender requests.
<br /> 16. ESTOPPEL CERTIFICATES. Within ten(10)days aiter any request by Lender,Grantor shall deliver to Lender,or any irrtended transferee of Lander's
<br /> rigMs wfth respect to the Obligations,a si�ed and adviowledged statement spedfying(a)the outstandfng belance on the Obligations;and(b)whether
<br /> Grantor possesses any daims,defenses,set-offs or oourrterdaims with respect to the Obligations and,if so,the nature of such daims,defenses,set-offs or
<br /> couMerdalms. Grantor will be condusively bound by any represerrtation that Lender may rr�eke to the imended transferee with respect to these matters in
<br /> the event thffi Grarrtor fails to provide the requested stffiement in a Umely menner.
<br /> 16. DEFAULT. Grantor shali be In default under this Deed of Trust and the Trustee's power shall become operative in the everrt that Grantor,BoROwer or
<br /> any guaraMor of the Obligations:
<br /> (a) fails to pay any Obligation to Lsnder when due;
<br /> (b) fails to pertorm any ObflgaUon or breaches any warranty or covenar►t to Lender contalned in thls Deed of Trust or any other present or future
<br /> agreement�
<br /> (c) destroys,loses or darnages the Property in any material respect or subjects the Property to seizure,conftscation,or condemnaUon;
<br /> (� seeks to revoke,terminate or otherwise Iimit its Ilabiliry under any guaranty to Lender;
<br /> (e) c�es,beoorr�es legally incompetern,is dissoNed or terMnated,becomes insoNerrt,makes an assignmer�t for the beneflt of creditors,fails to pay
<br /> debts as they become�e,flles a petition under the federal banlwptcy laws,has an involuntary petftion in banlwptcy flled in which Grantor,Borrower
<br /> or any guarantor is named,or has properry taken under any wrft or process of court;
<br /> (� allows goods to be used,transported 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 undertaka any Obligation without the written conserrt of Lender,or
<br /> (h) causea Lender to deem itself insecure due to a signiflcant dedine in the value of the Property;or if Lender,in good faith,for any reason,believes
<br /> that the prospect of paymerrt or perfomianoe is fmpefred.
<br /> 17. RIGHTS OF LENDER ON DEFAULT. If there is a defauft under this Deed of Trust,Lender shall be errtitled to exercise one or more of the following
<br /> remedles wittwut notice or demend(exoep�as required by law):
<br /> (a) to dedare the Obligations irrrriedlately due and payable in fuii;
<br /> (b) to collect the outstan�ng Obifgations wfth or without resorting to ju�dal process;
<br /> (c) to require Grantor to deliver and meke avallable to Lender any personal property or Chattels constituUng the Properry at a ptace reasonably
<br /> oornenfent to GraMor and Lender;
<br /> (d) to errter upon and take possession of the Property wRhout applying for or obtaining the appoirrtment of a receiver and, at Lender's oprtion,to
<br /> appoirrt a reoeiver wfthout bond, wRhout flrst bringing suft on the Obligations and whhout otherwise meeting any statutory condflions regarding
<br /> receivers,lt being ir►tended that Lender shall have this oorrtradual rigM to appoirrt a receNer;
<br /> (e) to employ a menaging agerrt 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 /> reoeNe the rerrts,incomes,issues and proflts of the Property and apply the same,after paymerrt of all necessary charges and expenses,on acoourn of
<br /> the Obllgations;
<br /> (� to pay any surr�in any form or menner deemed expediertt by Lendet to pratect the security of this Deed of Trust or to cure any defauft other than
<br /> paymerrt of itrterest or prindpel on the Obligations;
<br /> (g) to foredose this Deed of Trust judidally or nonjudiaally and to direct the sale of the property through exerdse of the power of sale as referenced In
<br /> paragraph 20 hereof In acccordenoe wlth applicable law;
<br /> (h) to set-off Grarrtor's Obligations ageinst any amourtts owed Grantor by Lender induding, but not Iimited to, monies, instrumerrts, and deposit
<br /> accounts maintained wfth Lender w any currentty existing or future aiflliate of Lender;and
<br /> (i)to exerdse all other rigMs available to Lender under any other wrttten agreeme►rt or applicable Iaw.
<br /> Lender's s are cumulative and may be exerdsed together, separately, and in eny order. In the evern that Lender institutes an acGon seeldng the
<br /> e
<br /> reocvery o any of the Property by way of a prejudgrr�errt remedy in an action agsinst Cirantor, Grarrtor weives the posting of any bond which might
<br /> otherwise be required. Lender or Lender's designee maypurchase the Property at any sale. Prooeeds of any Tn�stee's sale hereunder shall be appl�ed
<br /> flrst,to the costs and expenses of exercisfng the power of�le and of the sale,induding the paymerrt of the Trustee's fees actually incurred and not to
<br /> exceed the amourrt which may be provided for in this Deed of Truat,second,to paymerrt of the Obligatfons secured hereby,third,to the paymerrt of junior
<br /> trust deeds,mortgages,or other tienholders,and the balance,ff any,to the person or persons legally errtitled thereto. The property or any part thereof may
<br /> be sold in one parcel,or in such parcels,menner or order as Lender in its sole discretion may elect,and one or more exerdses of the power herein granted
<br /> sheli not exUnguish or exhaust the power unless the eMire property is sold or the obligaUons are pald in full.
<br /> 18. TRUSTEE'S EXERCISE OF P�IVER OF SALE ON DEFAULT: If Lender elects to sell Grantor's irrterest in the Property by exerdse of the power of
<br /> sale herein contained,Lender shall notiiy Trustee in the menner then required by law.
<br /> Upon reoeipt of such notice of Lender and at the directbn of Lender,Trustee shall cause to be recorded,published and delivered such noUoes of default
<br /> and notices of sale as may then be required by law and by this Deed of Trust. Tn�stee shall,only at the�rection of Lender and wRhout demand on Grantor,
<br /> after such Ume as may then be required by Iaw and after recordation of such notice of default and after not(ce of sale having been given as required by Iaw,
<br /> sell the Pro�at the time and place of sale flxed by it in such notice of sale,either as whole or in separate lats or paroeis or ftems as Lender shall deem
<br /> expedlent,and n such order as it may determine,at publfc audion 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 Iaw. Trustee shall deliver to such purchaser or purchasers thereof its good and suffldeM deed or deeds
<br /> cornreying the property so sold, but without any covenarrt or warranty, express or implied. The redtals in such deed of any matters or fa�ts shall be
<br /> condusive proof of the truthfulness thereof. My indudfng,without lirt�tation,Grantor,Trustee or Lender,may purchase at such sale. Trustee may
<br /> in ihe manner provided by law postpone sale of I or any portlon of the Property.
<br /> 19. REGUEST FOR N0TICES: Grantor requests that a oopy of any notice of defautt and a copy of any noUce of sale hereunder be meiled to each person
<br /> who is a perty hereto ai the address of such person set forth hereln at the same time and In the sarne menner required as though a seperate requeat thereof
<br /> had been flled by each such person.
<br /> NEDOTC Rw.t?187 Pap�3dB
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