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<br /> 11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grarrtor shall irmiediately provide Lender with written notice of any aclual or
<br /> threatened action,suit,or other proceeding affecting the Properry. Grantor hereby appoints Lender as its attomey-in-fact to cortYnence,intervene in,and
<br /> defend such actions,suhs,or other legal proceedings and to compromise or settle any daim or controversy pertaining thereto. Lender shall not be liable to
<br /> Grantor for any action,error,mistake,omission or delay pertaining to 1he actions described in this paragraph or any damages resulting therefrom. Nothing
<br /> corrtained herein will preveM Lender from taldng the aclions described in this paragraph in its own name.
<br /> 12 INDEMNIFICATION. Lender shall not assume or be responsible for the perfomiance of any of Grantor's obligations with respect to the Property under
<br /> any arcumstanoes. Grantor shall immediately provide Lender with written notice of and indermify and hold Lender and its shareholders,directors,officers,
<br /> employees and agents hamiless from all daims, damages, liabilities(induding attomeys' 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 irnolving Hazardous Materials). Grantor,upon
<br /> the request of Lender,shall hire legal counsel to defend Lender from such Claims,and pay the attomeys'fees,legal expenses and other costs incurred in
<br /> connection therewith. In the attemative, Lender shall be ernitled to employ its own legal counsel to defend such Claims at Grantor's cost. Grantor's
<br /> obligation to indermify Lender under this paragraph shall sunrive the termination,release or foredosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENT3. Grarrtor shall pay all taxes and assessmerrts relating to Property when due and irrmediately provide Lender evidence
<br /> of paymerrt of sarne. Upon the request of Lender, Grarrtor shall deposit with Lender each mcrnh 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 amounts shall be applied to the payment of laxes,
<br /> assessments and insurance as required on the Property. In the evern of defauN,Lender shall have the rigM,ai its sole option,io apply the funds so held to
<br /> pay any taxes or against the Obligations. Any funds applied may,at Lender's option,be applfed in reverse order of the due date thereof.
<br /> 14. INSPECTION OF PROPERTY,BOOKS, RECORDS AND REPORTS. Grarnor shall allow Lender or its agerrts 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 ihe existence of Lender's beneficial interest in its books and records pertalning to the Property. Additionally,
<br /> Grarnor shall report,in a form satisfactory to Lender,such infomration as Lender may request regarding Grarrtor's finanaal 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 /> information fumished by Grarrtor to Lender shall be true,accurate and complete in all respects,and signed by Grarrtor if Lender requests.
<br /> 15. ESTOPPEL CERTIFICATES. Wrthin ten(10)days afler any request by Lender,Grantor shall deliver to Lender,or any iMended transferee of Lender's
<br /> rights with respect to the Obligations,a signed and adviowledged statemern specifying(a)the outstanding balance on the Obligations;and(b)whether
<br /> Grantor possesses any daims,defenses,set-offs or courrterdaims with respect to the Obligations and,if so,the nature of such daims,defenses,set-offs or
<br /> courrterdaims. Grantor will be condusively bound by any representation that Lender may make to the intended transferee with respect to these matters in
<br /> the everrt that Grantor fails to provide the requested statemem in a timely manner.
<br /> 16. DEFAULT. Grarnor shall be in defauft under this Deed of Trust and the Trustee's power shall become operative in the everrt thai Grantor,Borcower 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 covenarrt to Lender cornained in this Deed of Ttust or any other preserrt or future
<br /> agreement;
<br /> (c) destroys,loses or damages the Property in any material respect or subjects the Property to seizure,confiscation,or condermation;
<br /> (d) seeks to revoke,terminate or oiherwise limit its liability under any guaranty to Lender;
<br /> (e) dies,becomes legally incompeteM,is dissoNed or terminated, becomes insoNem,makes an assignment for the benefit of creditors,fails to pay
<br /> debts as ihey become due,files a petition under the federal banlwptcy laws,has an involumary petition in benfwptcy filed in which Grantor,Borrower
<br /> or any guararnor is named,or has property taken under any writ 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 Grarnor or Borrower to assume or undertake any Obligation without the written conseM 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 paymerit or perfomiance is impaired.
<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 /> remedies without notice or demand(except as required by Iaw):
<br /> (a) io dedare the Obligations imrnediately due and payable in full;
<br /> (b) to collect the outstanding Obligations with or without resorting to judiaal process;
<br /> (c) to require GraMor to deliver and make available to Lender any personal property or Chattels constituting the Property at a place reasonably
<br /> convenient to Grarrtor and Lender;
<br /> (d) to enter upon and take possession of the Property without applying for or obtalning the appoirrtmerrt of a receiver and, at Lender's option,to
<br /> appoirn a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory conditions regarding
<br /> receivers,it being irrtended that Lender shall have this coMractual right to appoint a receiver;
<br /> (e) to employ a managing agent of the Properry 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 rerrts,incomes,issues and profrts of the Property and apply the same,after paymerrt of all necessary charges and expenses,on account of
<br /> the Obligations;
<br /> (� 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 /> paymern of irrterest or prinapal on the Obligations;
<br /> (g) to foredose this Deed of Trust judiaally or nonjudiaally and to direct the sale of the property through exerase 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 amourns owed Grarrtor by Lender including, but not limited to, rrpnies, instruments, and deposit
<br /> accourns mairnalned with Lender or any currernly existing or ftnure afflliate of Lender,and
<br /> (i)to exercise all other�igMs available to Lender under any other written agreement or applicable law.
<br /> Lender's rights are cumulatNe and may be exerased 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 Grarrtor, GraMor waives the posting of any bond which mi9ht
<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 /> first,to the cosis and expenses of exerasing the power of sale and of the sale,induding the paymern of the Trustee's fees actually incurred and not to
<br /> exoeed the am�urrt which may be provided for in this Deed of Trust,second,to payment of the Obligalions 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 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 grarrted
<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 EXERCI8E OF POWER OF SALE ON DEFAULT: If Lender elects to sell Grantor's irnerest in the Property by exerase of the power of
<br /> sale herein corrtained,l.ender shall notify Trustee in the manner then required by Iaw.
<br /> Upon receipt of such notioe of Lender and at the direction of Lender,Trustee shall cause to be recorded,published and delbered 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 Grarnor,
<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 flxed by it in such notice of sale,either as whole or in separate lots or parcels or items as Lender shall deem
<br /> expedierrt,and in such order as it may determine,at public suction to the highest bidder for cash in Iawful money of the United States payable at the time of
<br /> sale,or as othervvise may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof its good and sufflderrt 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 facts shall be
<br /> condusive proof of the truthfulness thereof. Anyperson,including,wfthout limitation,Grantor,Trustee or Lender,may purchase at such sale. Trustee may
<br /> in the manner provided by Iaw postpone sale of all or any portion of the Property.
<br /> 19. REGIUEST FOR N0TICES: Grarnor 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 flled by each such person.
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