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<br /> 11.'LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall imriediately provide Lender with written notice of any actual or
<br /> threatened action,suft,or other proceeding affectlng the Property. Grantor hereby appoirrts Lender as its attomey-in-fact to corm�ence,irnervene in,and
<br /> defend such acHons,suits,or other legal prooeedings and to compromfse or settle any dalm or corrtroversy pertaining thereto. Lender shall not be Ifable to
<br /> Grant�r for any action,error,mistaka,omission or delay pertainin�to the actions des<xibed in this paragraph or any damages resufting therefrom. Nothing
<br /> cartained heretn will preverrt Lender irom taldng the acNons descnbed in this paragraph in its own name.
<br /> 12 INDEMNIFICATION. Lender shall not assume or be responsible for the pertormence of any of Grarrtor's obligations with respect to the Property under
<br /> any dreumstances. Grantor shall irm�ediately provide Lender wfth wrftten notice of and indermify and hold Lsnder and its shareholders,directors,offlcers,
<br /> employees and agerrts hermless from all daims,dart�ages, Ifabilitfes (induding attomeys'fees and lepal expenses),causes of action, actions, suits and
<br /> other legal proceedings(cumulatively"Claims")pertaining to the Property(induding,but not Ifmited to,those irnolving Hazardous Materials). Grarrtor,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 errtltled to employ its own legal counsel to defend such Claims at Grantor's cost. Grantor's
<br /> obligation to indermify Lender under this peragraph shail survive the termination,release or foredosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessmerrts relating to Property when due and imrnediately provide Lender evidenoe
<br /> of payment of same. Upon the request of Lender,Grantor shall deposit whh Lender each month one-twelfth (1/12) of the estimated annual insurance
<br /> premium,taxes and assessmerrts pertaining to the Property. So long as there is no defautt,these amourrts ahall be applied to the payment of taxea,
<br /> assessments and insuranoe as required on the Property. In the everrt of default,Lender ahall have the rigM,at ita sole option,to apply the funds so held to I�
<br /> pay any taxes or against the Obligations. My funds applied may,at Lender's optlon,be applied in reverse order of the due date thereof.
<br /> 14. INSPECTION OF PROPERTY,BOOKS,RECORDS AND REPORTS. Grantor shall allow Lender or ftsagerrts to exaMne and inspect the Property
<br /> and examine,inspect and make copies of Grantor's books and records pertaining to the Properry from time to time. Grantor shall provide any assistance
<br /> required by Lender for these purposes. All of the signatures and infom�ation contained in Grantor's books and records shall be genuine,true,axurate and
<br /> complete in all respects. Grantor shall note the existenw of Lender's benefldal interest in its books and records pertaining to the Property. Additionally,
<br /> Grantor shall report,in a form satisfactory to Lender,such infom�ation as Lender may request regarding Grantor's finandal condftion or the Property. The
<br /> information shall be for such periods,shall reflect Grantor's records at such time,and shall be rendered wfth such frequency as Lender may designate. All
<br /> informaUon tumished by Grarrtor to Lender shall be true,accurate and complete in all respects,and signed by Grantor if Lender requests.
<br /> 1b. ESTOPPEL CERIIFICATE3. Within ten(10)days after any request by Lsnder,Grantor shall delNer to Lender,or any irrtended transferee of lsnder's
<br /> rigMs wfth respect to the Obligations,a signed and aclviowledged statemeM spediying(a)the outstanding balance on the Obligations;and(b)whether
<br /> Grarnor possesses any daims,defenses,set-offs or courrterdalms with respect to the Obligatlons and,if so,the nature of such daims,defenses,set-offs or
<br /> courtterclaims. Grarrtor will be condusively bound by any represerrtation that Lender may meke to the irrtended transferee with respect to these matters in
<br /> the everrt that GraMor fails to provide the requested statemerrt in a timely manner.
<br /> 16. DEFAULT. Grantor shall be in defauR under this Deed of Trust and the Trustee's power shall become operatNe in the evern that Grarnor,Borrower or
<br /> any�arantor of the Oblfgations:
<br /> (a) fails to pay any ObligaUon to Lender when due;
<br /> (b) fails to pertorm any Obifga�on or breaches any warrarny or covenar►t to Lender corrtained in this Deed of Trust or any other present or future
<br /> a9reemerrt:
<br /> (c) destroys,loses or damages the Property in any material respect or subjects the Property to selzure,confiscatfon,or condertnaUon;
<br /> (d) seeks to revoke,terrHnate or otherwise Iimit fts liability under any guarartty to Lender;
<br /> (e) dies,beoomes legally incompeterri,is�ssolved or temifnated,beoomes insolverrt,rnekes an assignmerrt for the benefit of creditors,fails to pay
<br /> debts as they beoome due,flles a petition under the federal beniwptcy laws,has an irnoluntary petition in banlwptcy flled i�which Grantor.BoROwer
<br /> or any guarantor is named,or has property taken under any w�it or process of court;
<br /> (� allows goods to be used,transported or stored on the Property,the possessfon,Vansportation,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 conserrt of Lender,or
<br /> (h) causes Lender to deem itself insecure due to a significarn dedine in the value of the Property;or if Lender,in good faith,for any reason,believes
<br /> that the prospect of paymerrt or performenoe is fmpalred.
<br /> 17. RIGHTS aF LENDER ON DEFAULT. If there is a default under this Deed of Trust,Lender shall be errtitled to exercise one or more of the following
<br /> remedies without nodoe or demand(except as required by law):
<br /> (a) to dedare the Obligations irtrr�ediately due and payable in full;
<br /> (b) to collect the outatanding Obligations with or without resorting to judidal process;
<br /> (c) to require Grantor to deliver and meke available to Lender any personal property or Chattels constituting the Properry at a plaos reasonably
<br /> cornenierit to Grantor and Lender;
<br /> (d) to errter upon and take possession of the Property without applying for or obtaining the appoirrtmerrt of a receiver and, at Lender's option, to
<br /> appoUrt a receiver without bond, without flrst bringfng wft on the Obligationa and without otherwise mBeting any statutory condftions regarding
<br /> reoeivers,it being irrtended that Lender shall have this oontractual rigM to appoirrt a receNer;
<br /> (e) to employ a menaging agent of the Property and let the same,either in Trustee's own narre,in the name of Lender or in the name of Grantor,and
<br /> reoeive the rents,incomes,issues and proflts of the Property and apply the sartie,after paymerrt of all neoessary charges and expenses,on s000urrt of
<br /> the Obligations;
<br /> (� to pay any sums In any form or menner deemed expedierrt by Lender to protect the security of this Deed of Trust or to cure any default other than
<br /> paymerrt of irrterest or prindpal on the Obligedions;
<br /> (g) to foredose this Deed of Trust judidally or nonjudidally and to direct the sale of the property through exerdse of the power of sale as referenced in
<br /> para�aph 20 hereof in acccordanoe with applicade Iaw;
<br /> (h) to set-off Granto�'s Obllgatfons against any amourrts owed Grantor by Lender fnduding, but not Iimited to, moNes, instrumerrts, and deposit
<br /> axourrts maintained with Lender or any currerrtly exlsting or future afflliate of Lender,and
<br /> (i)to exerdae all other rigMs available to Lender under any other written agreemerrt or applicable law.
<br /> Lender's ri�s are cumulative and may be exerdsed together, separately, and in any order. In the event thffi L.ender Institutes an acNon seeldng the
<br /> recovery o any of the Properry by way of a prejudgrr�ent remedy in an action against Grarrtor, Grarrtor waives the posting of any bond which mgM
<br /> otherwise be required. Lender or Lender's desi�ee may purchase the Property at any sale. Proceeds of any Trustee's sale hereunder shall be appl�ed
<br /> first,to the costs and expenses of exerdsing the power of sale and of the sale,induding the paymerrt of the Trustee's fees actually incurred and not to
<br /> exoeed the amourrt which may be provided for in this Deed of Trust,second,to paymertt of the Obligations secured hereby,third,to the paymerrt of jun(or
<br /> trust deeds,mcrtgages,or other lienholders,and the balance,if any,to the person or persons legally errtitled thereto. Th�property or any part thereof may
<br /> be sold in one parcel,or in such paroels,men�er or order as Lender in its aole�scretion may elect,and one or more exerdses of the power herein granted
<br /> shall not extinguish or exhaust the power unless the errtire property is sold or the obligations aze paid fn full.
<br /> 18. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: If Lender elects to sell Grantor's irrterest in the Property by exerase of the power of
<br /> sale herefn cornained,Lender ahall notiy Trustee in the msnner then required by law.
<br /> Upon receipt of such notice of Lender and at the�rection of Lender,Trustee shall cause to be recorded,publlshed end delivered such notioes of default
<br /> and notices of sale as may then be requlred by Iaw and by this Deed of Trust. Trustee ahali,only at the direction of Lender and wfthout 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 Iaw,
<br /> sell the PropertY at the time and place of sale fixed by ft in such notice of sale,either as whole or in separate lots or parcels or items as Lender sha�I deem
<br /> expe�eM,and in such order as it mey determine,at public auction to the hi�esi bidder for cash fn lawtul money of the United States paysble at the time of
<br /> sale,or as otherwise may then be requfred by law. Trustee shall deliver to such purchaser or purchasers thereof its good and suffiderrt deed or deeds
<br /> conveying the property so sold, but without any covenarrt or warranty, express or implied. The redtals in such deed of any metters or facts shall be
<br /> condusive proof of the tn�thfulness thereof. Myperson,induding,without 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 Properry.
<br /> 19. REDUEST FOR N0710E3: Grarrtor requests that a copy of any notice of default and a copy of any notice of sale hereunder be meiled to each person
<br /> who is a party hereto at the address of such person set forth herein at the same tims and in the sarne menner required as though a separate request thereof
<br /> had been 81ed by each such person.
<br /> NEDOTC Fkv.t2187 0.,..�,r Q
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