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<br /> t1. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall irmiediately provide Lender with written notice of any actual or
<br /> lhrea$ened action,suit,or other proceeding affecting the Property. Gramor hereby appoints Lender as hs attomey-in-fact to corrxnence,imervene in,and
<br /> defend such actions,suits,or other legal proceedings and to compromise or settle any daim or corrtroversy pertaining thereto. Lender shall not be liable to
<br /> Grantor for any action,error,mistake,omission or delay pertaining to the actions described in this paragraph or any damages resulting therefrom. Nothing�
<br /> contained herein will preverrt Lender from taldng the actions described in this paragraph in its own name. �
<br /> 12 INDEMNIFICATION. Lender shall not assume or be responsible for the perforrrndnce of any of Grantor's obligations with respect to the Property under
<br /> any arcumstances. GraMor shall immediately provide Lender with written notice of and indemnify and hold Lender and its shareholders,directors,officers, �
<br /> employees and agents harmless 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 limfted 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 attomeys'fees,legal expenses and other costs incurred in �
<br /> connection therewith. In the altemative, Lender shall be errtitled to employ its own legal counsel to defend such Claims at Grantor's cost. Grantor's C'�
<br /> obligation to indermi(y Lender under this paragraph shall survive the termination,release or foredosure of this Deed of Trust. ' �
<br /> 13. TAXES AND ASSESSMENTS. Grarrtor shall pay all taxes and assessmeMs relating to Property when due and irrmediately provide Lender evidence �
<br /> of paymerrt of same. Upon the request of Lender, Grarrtor shall deposit with Lender each month one-twelfth (1/12) of the estimated annual insurance
<br /> premium, ta�ces and assessments pertaining to the Property. So long as there is no defauh, these amourrts shall be applied to the payment of taxes,
<br /> assessmerrts and insurance as required on the Property. In the everrt 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. My 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 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 corrtained in Gramor's books and records shall be genuine,true,accurate and
<br /> complete in all respects. Grantor shall note the existence of Lender's benefiaal irrterest in its books and records pertaining to the Property. Additionally,
<br /> Grarnor shall report,in a form 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 /> information fumished by Grantor 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 after any request by Lender,Grantor shall deliver to Lender,or any intended transferee of Lender's
<br /> rigMs with respect to the Obligations, a signed and admowledged statemerrt specifying(a)the outstanding balanoe on the Obligations;and(b)whether
<br /> Grarnor possesses any daims,defenses,set-offs or counterdaims with respect 10 the Obligatfons and,if so,the nature of such daims,defenses,set-offs or
<br /> courrterclaims. Grantor will be condusively bound by any represerrtation that Lender may make to the intended transferee with respect to these matters in
<br /> the event that Grarrtor fails to provide the requested statemern in a timely manner.
<br /> 16. DEFAULT. Gramor shall be in defauft under this Deed of Trust and the Trustee's power shall become operative in the eveM that Grantor,Borrower 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 covenant to Lender contained in this Deed of Trust or any other preserrt or future
<br /> agreemerrt;
<br /> (c) desiroys,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 dissolved or terminated,becomes insolvent, makes an assignment for the benefit of creditors,fails to pay
<br /> debts as they become due,files a petition under the federal banlwptcy laws,has an involuntary petition in bankruptcy filed in which Grantor,Borrower
<br /> or any guararrtor 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 GraMor 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 significarrt dedine in the"value of the Property;or if Lender,in good faith,for any reason,believes
<br /> that the prospect of paymem or perfomrance is impafred.
<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 without notice or demand(except as required by law):
<br /> (a) to dedare the Obligations irmiediately due and payable in full;
<br /> (b) to collecl the outstanding Obligations with or without resorting to judiaal process;
<br /> (c) to require Grantor to deliver and make available to Lender any personal properry 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 recefver without bond, without first bringing suit on the Obligations and whhout otherwise meeting any statutory conditions regarding
<br /> receivers,it being irrtended that Lender shall have this contractual rigM to appoirn a receiver;
<br /> (e) to employ a managing agerrt of the Property and let the same,efther in Trustee's own narne,in the name of Lender or in the name of Grantor,and
<br /> receive the rents,incomes,issues and profits 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 /> paymerrt of interest or prinapal on the Obligations;
<br /> (g) to foredose this Deed of Trust judiaally 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 acxordance with applicable law;
<br /> (h) to set-off Grantor's Obligations against any amourrts owed Grantor by Lender induding, but not limited to, monies, instruments, and deposit
<br /> axounts maiMained with Lender or any currerrtly ewsting or future affiliate of Lender;and
<br /> (i)to exerase all other rigMs available to Lender under any other written agreement or applicable law.
<br /> Lender's rights are cumulative 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 prejudgmerrt remedy in an action against Grantor, Grarnor walves the posting of any bond which might
<br /> othervvise be required. Lender or Lender's designee may purohase the Property at any sale. Proceeds of any Trustee's sale hereunder shall be applied
<br /> first,to the costs and expenses of exercising the power of sale and of the sale, induding the paymerrt of the Trustee's fees actually incurred and not to
<br /> exceed the amouM which may be provided for in this Deed of Trust,second,to payment of the Obligations secured hereby,third,to the paymerrt of junior
<br /> trust deeds,mortgages,or other Ilenholders,and the balance,if any,to the person or persons legally errtftled 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 discxetion 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 elecis to sell Grantor's interest in the Property by exercise of the power of
<br /> sale herein contained,Lender shall notify Trustee in the manner then required by law.
<br /> Upon receipt of such notice of Lender and at the direction of Lender,Trustee 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 /> atter such time as may then be required by Iaw and after recordation of such notice of defauh and after notice of sale having been glven as required by law,
<br /> sell the Property at the time and place of sale fixed by it in such notice of sale,either as whole or in separaie lots or parcels or items as Lender shall deem
<br /> expedierrt,and in such order as it 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 otherwise may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof fts good and sufficient deed or deeds
<br /> corneying the property so sold, but without any covenant or warrarny, express or implied. The reatals in such deed of any matters or facts shall be
<br /> condusive proof of the tMhfulness thereof. My person,induding,without IiMtation,GraMor,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. RE�UEST FOR NOTICES: Grarrtor requests that a copy of any notice of defautt 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 /> NEDOTC Rev.12187
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