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99 ��'7758
<br /> than the Borrower could not adequately and fully perform the covenants to be performed by
<br /> Borrower in this Deed of Trust. The parties also agree that this Deed of Trust is an agreement for
<br /> the making of loans and for the extending of debt financing or financial accommodations. No
<br /> assumption of or assignment of this Deed of Trust shall be allowed in bankruptcy. Should an
<br /> assumption of or assignment of this Deed of Trust be permitted in violation of this covenant, the
<br /> parties agree that Lender will not have adequate assurance of performance unless and until
<br /> Lender is allowed access to adequate financial and other information to satisfy itself that the
<br /> trustee or proposed assignee is fully able to assume the financial and personal covenants of
<br /> Borrower under this agreement, in full accordance with its terms. The parties further agree that
<br /> the definition of the term "adequate assurance" as set forth in the United States Bankruptcy Code,
<br /> as amended, shall be applicable directly or by analogy to any determination of adequate
<br /> assurance in connection with this Deed of Trust.
<br /> In the event Borrower becomes a debtor in bankruptcy, the debtor in possession or trustee
<br /> shall not be permitted to use, sell or lease any of the Properiy, whether or not in the ordinary
<br /> course of business, without providing adequate protection to Lender. The parties agree that the
<br /> language in the United States Bankruptcy Code, as amended, shall be the definition of the term
<br /> "adequate protection" in connection with any use, sale or lease of the Property. The cash
<br /> payment referred to in that section shall mean the full payments required under the Note and all
<br /> other indebtedness which this Deed of Trust secures.
<br /> The parties agree that because of the extreme financial importance to Lender of this
<br /> transaction, Lender will be irreparably harmed by any stay of its collection efforts or the exercise
<br /> of its remedies under this Deed of Trust. In the event a plan of reorganization is proposed under
<br /> Chapter 11 of the United States Bankruptcy Code, as amended, the parties also agree that the
<br /> plan will be fair and equitable to Lender, as a secured creditor, only if Lender realizes under the
<br /> plan the full payments required under the Note and all other indebtedness which this Deed of �
<br /> Trust secures.
<br /> 9. AMERICANS WITH DISABILITIES ACT. At its sole expense, Borrower shall
<br /> cause the Property to be and remain in compliance with the Americans with Disabilities Act and
<br /> all similar state and local laws, rules and regulations (hereafter "ADA") during the term hereof.
<br /> If the Property is remodeled or altered while this Deed of Trust is in effect, the Borrower shall
<br /> have the work performed so that the Property continues to comply with the ADA. Borrower
<br /> shall furnish to Lender, if requested, a written opinion from a licensed architect that the
<br /> remodeling/alterations comply with the ADA. Borrower hereby warrants and represents to
<br /> Lender that there are no pending or threatened claims by the Department of Justice or third
<br /> parties relating to the ADA. Borrower hereby agrees to indemnify and hold harmless the Lender,
<br /> its directors, officers, employees and agents, and any successor to Lender's interest, from and
<br /> against any and all claims, damages, losses and liabilities arising in connection with the violation
<br /> of the ADA. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND
<br /> BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br /> SURVIVE THE REPAYMENT OF THE NOTE AND THE RECONVEYANCE OF THIS
<br /> DEED OF TRUST.
<br /> 10. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the
<br /> covenants and agreements contained in this Deed of Trust or in any other Loan Document, or if
<br /> any action or proceeding is commenced which materially affects Lender's interest in the Property,
<br /> including, but not limited to, eminent domain, insolvency, enforcement of laws or regulations, or
<br /> arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option,
<br /> may make such appearances, disburse such sums and take such action as is necessary to protect
<br /> Lender's interest, including, but not limited to, incurrence of attorneys' fees and entry upon the
<br /> Property to make repairs.
<br /> Any amounts disbursed by Lender pursuant to this Paragraph 10, with Interest thereon,
<br /> shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless
<br /> Borrower and Lender agree to other terms of payment, such amounts shall be payable upon
<br /> notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date
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