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<br /> •11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grarrtor shall irm�ediately provide Lender whh written notice of any actual or
<br /> threatened action,suit,or other proceeding affecting the Property. Grarrtor hereby appoints Lender as its attomey-in-fact to cormience,irrtervene in,and
<br /> . defend such actions,suits,or other legal proceedings and t,o compromise or settle any daim or corrtroversy pertaining thereto. Lender shall not be liable to
<br /> Grantor for any action,eROr,mistake,omission ar delay pertaining to the actions described in this paragraph or any damages resuhing therefrom. Nothing
<br /> coMained herein will preverrt 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 arcumstances. Grantor shall immediately provide Lender with written notice of and indemni(y and hold Lender and its shareholders,dfrectors,officers,
<br /> employees and agerrts harmless from all claims, damages, liabilities(indudi�g attomeys'fees and legal expenses), causes of action, actions, suits and
<br /> other legal proceedings(cumulaiively"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 attomeys'fees,legal expenses and other costs incurred in
<br /> conrreqion therewiih. In the altemative, Lender shall be entitled to employ its own legal counsel to defend such Claims at Grantor's cost. Grarrtor's
<br /> obligation to indemniy Lender under this paragraph shall sunrive the termination,release or foredosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessments relating to Property when due and irtxr�ediately provide Lender evidence
<br /> of paymern of same. Upon the request of Lender,Grarnor shall deposit with Lender each morrth one-twelfth (1/12) of the estimated annual insurance
<br /> premium,iaxes and assessments pertaining to the Property. So long as there is no defauft, these amounts shall be applied to the paymerrt of taxes,
<br /> assessrt�ents and insurance as required on the Property. In the everrt of default,Lender shall have the rigM,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. Gramor shall allow Lender or its agents to examine and inspect the Property
<br /> and examine,inspect and make copies of Grarrtor'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 corriafned in Grantor's books and records shall be genuine,true,accurate and
<br /> complete in all respects. GraMor shall note the existenoe of Lender's benefidal irrterest in its books and records pertaining to the Properry. Additionally,
<br /> GraMor shall report,in a form satisfactory to Lender,such information as Lender may request regarding Graritor's finanaal cond'Rion or the Property. The
<br /> infomration 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 /> infortrration fumished by Grantor to Lender shall be true,accurate and complete in all respects,and signed by Grantor if Lender requests.
<br /> 16. ESTOPPEL CERTIFICATES. Wrthin ten(10)days afler any request by Lender,Gramor shall deliver to Lender,or any intended transferee of Lender's
<br /> rfgMs with respect to the Obligations, a signed and adviowledged siatement specifying(a)the outstanding balance on the Obligaiions;and(b)whether
<br /> Grantor possesses any clairr�,defenses,set-offs or courrterdaims with respect to the Obligations and,if so,the nature of such daims,defenses,set-offs or
<br /> counterclaims. Grantor will be conclusively bound by any representation that l.ender may make to the intended transferee with respect to these matters in
<br /> the event that Grantor fails to provide the requested statemerrt in a timely manner.
<br /> 16. DEFAULT. Grantor shall be in defauft under this Deed of Trust and the Trustee's power shall become operative in the evern that Grarrior,Borrower or
<br /> any guarantor of the Obligations:
<br /> (a) faits to pay any Obligation to Lender when due;
<br /> (b) falls io perform any Obligation or breaches any warranty or covenant to Lender contained in this Deed of Trust or any other present 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 otherwise limit its liabilfty under any guararny to Lender:
<br /> (e) cNes,becomes legally incompetent,is dissolved or terminated,becomes insolvent,makes an assignmerrt for the benefrt of creditors,fails to pay
<br /> debts as they becc�me due,files a petition under the federal bankruptcy Iaws,has an involuntary petition in bankruptcy filed in which Grantor,Borrower
<br /> or any guarantor is named,or has property taken under any w�it or process of court;
<br /> (f) allows goods to be used,transported or stored on the Property,the possession,transportation,or use of whicFi,is illegal;
<br /> (g) allows any party other ihan 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 dedine in the value of the Property;or if Lender,in good faith,for any reason,believes
<br /> that the prospect of payment or perfomrance 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 without notice or demand(except as required by law):
<br /> (a) to dedare the Obligations immediately due and payable in full;
<br /> (b) to collect the outstanding Obligations with or without resorting to judiaal 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 wilhout applying for or obtaining the appoinlmerrt of a receiver and, at Lender's option,to
<br /> appoim a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory conditions regarding
<br /> receNers,it befng irnended that Lender shall have this contractual rigM to appoint a receiver;
<br /> (e) to employ a managing agent of the Property and let ihe same,either in Trustee's own name,in the name of Lender or in the name of GraMor,and
<br /> receive the rerrts,fncomes,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 /> (� to pay any sums in any foRn or manner deemed expedient by Lender to protecl the security of this Deed of Trust or to cure any defauk other than
<br /> paymerrt of interest or prinapal on the Obligations;
<br /> (g) to foredose this Deed of Trust judicially or nonjudiaally and to direct the sale of the property through exercise of the power of sale as referenced in
<br /> paragraph 20 hereof in aoxordance with applicable law;
<br /> (h) to set-off GraMor's Obligations against any arrburrts owed Grantor by Lender induding, but not limited to, monies, instruments, and deposit
<br /> axounts mairrtained with Lender or any currerrtly existing or future affiliate of Lender,and
<br /> (i)to exerase all other rights available to Lender under any other written agreemern or applicable law.
<br /> Lender's �ights are cumulative 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 prejudgmerrt remedy in an action against GraMor, Grantor waives the posting of any bond which mght
<br /> otherwise 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 1he costs and expenses of exerdsing the power of sale and of the sale,including the payment of the Trustee's fees actually incurred and not to
<br /> exceed the amourrt which may be provided for in this Deed of Trust,second,to paymerrt of the Obligations 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 errtitled 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 exercises 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 imerest in the Property by exercise of the power of
<br /> sale herein corrtained,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 rec:orded,published and delivered such notices of default
<br /> and notfces of sale as may then be required by law and by this Deed of Trust. Trustee shall,only at the direction of Lender and whhout demand on Grantor,
<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 Iaw,
<br /> sell the Property at the time and place of sale fixed by it(n such notice of sale,either as whole or in separate lots or parcels or iterns as Lender shall deem
<br /> expedient,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 /> saie,or as otherwise may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficiern deed or deeds
<br /> conveying the property so sold, but without any covenant or warranty, express or implied. The reatals in such deed of any matters or facts shall be
<br /> condusive proof of the iruihfulness 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. REDUEST FOR NOTICE3: Grantor requests that a copy of any notice of defauft and a copy of any notice of sale hereunder be mafled 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.
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<br /> ucnnm o�,w�m P8093d6
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