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99 10814U
<br /> 11. LENDER'S RIGHT TO COMAAENCE OR DEFEND LEGAL ACTIONS. Grantor shall Imr�ediately provlde Lender with written notice of any actual or
<br /> threatened action,suit,or other prooeeding affecdng the PropeAy. Grantor hereby appoiMs Lender as hs attomey-in-fa�t to corm�ence,irrtervene in,and
<br /> defend such acdons,suits,or other legal proceedings and to compromise or settle any daim or coMroversy pertainfng thereto. Lender shall not be liable to
<br /> Gtantor for any action�,mistake,omissio 9or delay pertaining t�o the hactions described in this paragraph or any darnages resulting therefrom. Nothing
<br /> comafned herein will verrt Lender from taMn the actions descri peragraph in its own name.
<br /> 12 INDEMNIFlCA710N. Lender shall not assume or be responsible for the performance of any of Grarrtor's obligations wfth respect to the Property under
<br /> any dreumstanoes. Grarrtor shall immediately provide Lender wfth written notice of and indemnify and hold Lender and its sharef�olders,directors,otficers,
<br /> employees and agerns hamiless from all daims,damages, IlabilRies(fnduding attomeys'fees and legal expenses),causes of action,actions, sufts and
<br /> other legal prooeedings(cumulatNely"Claims")pertaining to the PropeAy(indud�ng,but not limited to,those lrnolving Hazardous Materials). Grarrtor,upon
<br /> the request of Lender,shall hire legal counsel to defend Lender irom such Claims,and pay ri�e attomeys'fees,legal expenses and other costs incurred in
<br /> connectfon therewRh. In the altemative, Lender shall be errtitled to employ fts own legel counsel to defend such Claims at Grantor's cost. Grarnor's
<br /> obligation to indermity Lender under this paragraph shall survNe the temiinatbn,release or foredosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grantor shall pey ali taues and assessmeMs relatfng to Property when due and irtmediately provide Lender evidence
<br /> of paymerrt of same. Upon the request of Lender,Grantor shall deposit wflh Lender aach moMh one-twelfth (1/12) of the estimated an�ual insurance
<br /> premium,taxes and assessmerrts pertalning to the Properry. So lor�g a�there Is no defauft,these amourrts shall be applied to the payment of taxes,
<br /> assessrt�rrts and Insurance as required on the Property. In the event 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 appUed may,at Lender's oprtion,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 examine and inspect the Property
<br /> and exarnine,inspect and meke 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�atfon corrta�ned in Grarrtor's books and records shall be genuine,true,axurate and
<br /> oomplete in all respects. Grantor shall note the existence of Lender's benefidal irrterest in fts books and reoords pertaining to the Property. Additionally,
<br /> Grantor shall report,in a form satisfactory to Lender,such information as Lender may request regarding Grarrtor's finandal condttion or the Property. The
<br /> infom�ation shall be for such periods,shall reflect Grantor's recorda at such time,and shall be rendered with such frequency as Lender may desfgnate. All
<br /> informatfon fumished by GraMor to Lender shall be true,axurate and wmplete in all respecta,and signed by Grantor if Lender requests.
<br /> 16. ESTOPPEL CERIIFICATES. Within ten(10)days after any request by lander,Grantor shall delNer to Lender,or any intended transferee of Lender's
<br /> �ights with respect to the Obligations,a signed and admowledged statement spediying(a)the outstan�ng balance on the Obligations;and(b)whether
<br /> Grarrtor possesses any daims,defenses,set-offs or couMerdaims wrth respect to the Obligations and,if so,the nature of such daims,defe�ses,set-offs or
<br /> coutrterdaims. Grantor will be condusively bound by any representation that Lender may meke to the irrtended transferee with respect to these matters in
<br /> the event that Grantor falls to provide the requested statemerrt in a timely menner.
<br /> 18. DEFAULT. GraMor shall be in defauft under this Deed of Trust and the Trustee's power shall become operative in the everrt 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 pertortn any Obligation or breaches any warranty or covenarrt to Lender corrtained in this Deed of Trust or any other preserrt or future
<br /> ��m�
<br /> (c) destroys,loses or demagea the Property in any material respect or subjecls the Properry to seizure,confiscation,or condermatfon;
<br /> (d) seeks to revoke,terminate or otherwlae limit fts Ilabiliry under any guaranty to Lender;
<br /> (e) �es,becomes legally incompeterrt,is dissolved or temiinated,becomes insolverrt,mekes an assignment for the beneflt of credftors,fails to pay
<br /> debts as they become due,flles a petition under the federai banlwptcy Iaws,has an involurrtary petition in banlwptcy flled in which Grantor,Borrower
<br /> or any�arantor is named,or has property taken under any wrft or prooess of oourt;
<br /> (� allows goods to be used,transported or stored on the Property,the possession,uansportation,or use of which,is fllegal;
<br /> (g) allows any party other than Grantor or Borrower to assume or undertake any Obligation without the written conserrt of Lender;or
<br /> (h) causes Lender to deem ftself insecure due to a signiflcaM dedine in the value of the Property;or if Lender,in good fafth,for any reason,believes
<br /> that the prospect of payment or pertormence is impaired.
<br /> 17. RIGHT'S OF LENDER ON DEFAULT. If there is a defauR under this Deed of Trust,Lsnder shall be errtkled to exerdse one or rnore of the following
<br /> remedies wRhout noUce or demend(except as required by law):
<br /> (a) to dedare the Obligations irtme�ately due and payable in full;
<br /> (b) to collect the outstan�ng Obligations with or without resorting to judidel prooess;
<br /> (c) to requlre Grantor to deliver and meke available to Lender any personai property or Chattels constituting the Property at a plaoe reasonably
<br /> cornenisnt to Grantor and lsnder;
<br /> (d) to enter upon and take posaession of the Properry without applying for or obtaining the appoirrtment of a receiver and, at Lender's option,to
<br /> appoirrt a reoeiver without bond, wiihout first bringing suft on the Obligatlons and witFwut otherwise meeting any statutory conditions regarding
<br /> reoeivers,tt being irrtended that Lender shall have this coMracwal rigM to appoint a recslver,
<br /> (e) to employ a menaging agerrt of the Property and let the same,aither in Trustee's own name,in the name of Lender or in the name of Grantor,and
<br /> receNe the renta,inccmes,issues and proflts of the Property and apply the sarne,after paymerrt of all necessary charges and expenses,on axourrt of
<br /> the Obligations;
<br /> (� to pay any sums in any fortn or manner deemed expedierrt by Lender to protect the security of this Deed of Trust or to cure any defauR other than
<br /> peymerrt of iMerest or principal on the Obligations;
<br /> (g) to foredose this Deed of Trust judidal�y or nonjudidally and to direct the sale of the properry through exercise of the power of sale as referenoed in
<br /> paragraph 20 hereof In aoocordance with applicable law;
<br /> (h) to set-off Grantor's Obligations against any amourrts owed Grantor by Lender induding, but not Iimited to, monles, Instrumerrts, and deposit
<br /> aocourns maintained wRh Lender or any curreMly existing or future affllfate of Lender,and
<br /> (i)to exerdse all other rigMs available to Lender under eny other written agreement or applic�ble Iaw.
<br /> Lender's ri�s are cumulative and may be exerdsed together, separately, and in any order. In the evern that Lender instftutes an action seeldng the
<br /> recovery o any of the Property by way of a prejudgmerrt remedy in an actlon against GraMor, Grantor waNes the posting of any bond which mf
<br /> othervvise be required. Lender or Lender's designee may purchase the Properry 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 sele,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 paymerrt of the ObligaUonB secured hereby,third,to the paymeM 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 ita sole disrxetion may elect,and one or mcre exerdses of the power herein grarned
<br /> shall not extlnguish or exhaust the power unless the errtire property is aold or the obligations are paid in full.
<br /> 18. TRUSTEE'S EXERCISE OF P�IVER OF SALE ON DEFAULT: If Lender alects to sell Grantor's imeroat in the Property by exerdse of the power of
<br /> sale herein contelned,Lender shall notify Trustee In the menner then required by Iaw.
<br /> Upon receipt of such notice of Lender and at the directlon of Lender,Trustee shall cause to be recorded,published and delivered such notices of defauft
<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 wfthout demend on Grantor,
<br /> after such�me as may then be required by law end after recordatfon of such notice of defauh and after noUce of sale havfng been given as required by Iaw,
<br /> sell the Property at the time and place of sale fixed by it in such notice of aale,either as whole or in separate lots or peroels or ftems as Lender shall deem
<br /> expedient,and in such order as ft may detem�ine,at public awction to the hi�est bidder for cash in Iawful mcney of the United States peyable at the Ume of
<br /> saie,or as otherwise may then be required by law. Trustee shall delNer to such purchaser or purchasers thereof its good and sufflaerrt deed or deeds
<br /> corneying theproperty so sold, but wfthout any covenarrt or warrarrty, express or implied. The reatals in such deed of any matters or facts shall be
<br /> condusive proof of the tnrthfulness thereof. Myperson,induding,without limitation,Grantor,Trustee or Lender,may purchase at such sale. Trustee may
<br /> in the menner provided by Iaw postpone sale of all or any portion of the Property.
<br /> 19. RE(iUEST FOR NOTICES: Grantor requests that a copy of any notice of defauft and a copy of any noUce of sale hereunder be meiled to each person
<br /> who is a party hereto at the address of such person set forth herefn at the seme time and in the same manner required as though a seperate request thereof
<br /> had been flled by each such person.
<br /> I NEDOTC Rw.t?l97 Pap�3 d B
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