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<br /> 11. LENDER'S RIGHT TO COIYMIAENCE OR DEFEND LEGAL ACTION8. Grarrtor shall immediately provfde Lender wfth written notice of any actual or
<br /> threatened action,suit,or other proceeding affecting the Property. GraMor hereby appoirrts Lender as fts attomey-in-fact to corrmence,irnervene in,and
<br /> , defend such actions,suits,or other legal proceedings and to wmproMse or settle any dalm or corrtroversy pertaining thereto. Lender shall not be Ilable to
<br /> Grantor for any acNon,error,mistake,omission or delay pertafning to the�tions described in this paragraph or any darnages resulting therefrom Nothing
<br /> contained herein will preverrt Lender from taldng the actions described in thla peragraph In fts own name.
<br /> 12 INDEMNIFICATION. Lender shall not assume or be responsible for the perfomiance of any of Grantor's obligations wfth respect to the Property under
<br /> any dreumstances. Grantor shall imrnediately provide Lender with writte�notice of and indermify and hold Lender and its sharef�olrers,directors,offlcers,
<br /> employees and agerrts harmless from all daims,darr�ges, liabilities(fnduding attomeys'fees and legal e�cpenses),causes of action,actions, sufts and
<br /> other legel prooee�ings(cumulatively"Clafms")pertafning to the Property(indu�ng,but not Iimited to,those irnolving Hazardous Materlals). Grantor,upon
<br /> the request of Lender,shall hire legal oounsel to defend Lender from such Claims,and pay the attomeys'fees,legal expenses and other costs incurred in
<br /> connectlon therewith. In the attematNe, Lender shall be entitled to employ fts own legel counsel to defend such Claims at GraMor's cosi. Grantor's
<br /> odigation to indermify Lender under this paragraph shall survive the terMnation,release or foredosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grarrtor shall pay all taxes and assesstnents relating to Property when due and irm�ediately provide Lender evidence
<br /> of payment of same. Upon the request of Lender,Grantor shall depostt with Lender each morrth one-twelfth (1/12) of the esUmated annual insuranoe
<br /> premium,taxes and assessmerrts pertaining to the Property. So long as there is no defauft,these amourrts shall be applied to the paymsrrt of taxes,
<br /> assessments and insutance as required on the Property. In the everrt of defauR,Lender shall have the rigM,at Rs 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. INSPEC710N OF PROPERTY,BOOKS,RECORDS AND REPORTS. Grantor shall allow Lender or fts agerrts to exarrine and inspect the Property
<br /> and exarNne,inspect and meke copies of Grantor's books and reoords pertaiNng to the Property from time to tirr�. Grantor shall provide any assistance
<br /> required by Lender for these purposes. All of the signatures and information corrtained in Grantor's books and records shall be genuine,true,accurate and
<br /> wmplete in all respects. Grarrtor shall note the exlstence of Lender's benefiaal irrterest in its books and records pertaining to the Property. AddfUonally,
<br /> Grantor shall report,in a form satisfactory to Lender,such fnforrrmtion as Lender may request regarding Grantor's finanaal cond�ion or the Property. The
<br /> infom�ation shall be for such periods,shall reflect Grantor's records at such tima,and shall be rendered with such frequency as Lender may designate. All
<br /> informatlon fumished by Grantor to Lender shall be true,axurate and complete in all respects,and signed by Grarrtor if Lender requests.
<br /> 16. ESTOPPEL CERTIFICATE3. Within ten(10)days after any request by Lender,Grantor shall deliver to Lender,or any irrtended transferee of Lender's
<br /> ri�ts with respect to the Obligations,a signed and aclv�owledged statement specifying(a)the outstanding balanoe on the Obligations;and(b)whether
<br /> Grarrtor possesses any daims,defenses,set-offs or courrterdaims with respect to the Obligations and,if so,the nature of such daims,defenses,set-offs or
<br /> courrterdafms. Grantor will be condusively bound by any represerrtatfon that Lender may make to the irrtended transferee wfth respect to these matters in
<br /> the everrt that Grantor falls 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 event that Grantor,Borrower or
<br /> any guarantor of the Obligadions:
<br /> (�) fails to pay any Obligation to Lender when due;
<br /> (b) fafis to pertorm any ObligaUon or breaches any warraMy or covenant to Lender wntefned in this Deed of Trust or any other presertt or future
<br /> a�eem�t;
<br /> (c) destroys,loses or damages the Property in any material respeq or subjects the Property to seizure,confiscatlon,or condermation;
<br /> (d) aeeks to revoke,terminate or otherwise IIMt its Ifability under any guararrty to Lender;
<br /> (e) �es,becomss legaity incompeterrt,is dissolved or terminated,becomes insolverrt,makes an assignmerrt for the beneflt of cxeditors,fails to pay
<br /> debts as they become due,flles a petition under the federal banlwptay laws,has an irnolurrtary petition in banlwptcy 81ed in which Grantor,Borrower
<br /> or any guarantor is named,or has propeny taken under any w�t 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) alla�vs any party other than Grantor or Borrower to assume or undertake any Obligation wfthout the wrttten conserrt 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 paymerrt or pertom�ance is irtpaired.
<br /> 17. RIGHTS OF 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 notice or demend(except as required by law):
<br /> (a) to dedare the Obligations frtrr�ately dus and payable in full;
<br /> (b) to cdlect the outstanc�ng Obligations with or without resorting to judidal process;
<br /> (c) to requtre GraMOr to deliver and meke available to Lender any personal property or Chattels constituting the Property at a place reasonably
<br /> cornenierrt to GraMor and Lender;
<br /> °(cn to errter upon and take possession of the Property without applying for or obtaining the appoirrtrr�rrt of a reoeiver and, at Lender's optfon, to
<br /> appoirrt a reoeiver without bond, without flrst brin�ng suft on the Obifgations and wRhout otherwise meeting any statutory conditions regarding
<br /> reoeivers,ft being imended that Lsnder shall have thfs contracxuaf rigM to appoirtt a recefver;
<br /> (e) to employ a menaging agerrt of the Property and let the same,either in Trustee's own name,in the name of Lender or in the name of Grarnor,and
<br /> receive the reMs,inoomes,issues and proflts of the Property and apply the same,after paymerrt of all neoessary charges and expenses,on acoourrt of
<br /> the Obligations;
<br /> (� to pay any sums in any form or manner deemed expedierrt by Lendet to prolect the security of this Deed of Trust or to cure any defauft other than
<br /> paymern of irrterest or prindpal on the Obligations;
<br /> (g) to foredose this Deed of Trust judidally or nonjudidally and to�rect the sale of the property through exerdse of the power of sale as referenoed in
<br /> peragraph 20 hereof in acccordanoe with applicable law;
<br /> (h) to set-off Grarrtor's Obligations ageinst any amourrts owed Grantor by Lender induding, but not limited to, monies, instrumerrts, and deposit
<br /> accourrts maintained wfth Lender or any currerrtly existing or future afflliate of Lender;and
<br /> (i)to exercise all other rigMs available to Lender under any other written agreemerrt or applicable Iaw.
<br /> Lender's ri�s are cumulaUve and may be exerdsed together, separately, and in any order. In the event that Lender InstRutes an action seeldng the
<br /> recovery o any of the Property by way of a prejudgrt�errt remedy in an action aga(nat Grantor, Grantor waives the posting of any bond which migM
<br /> otherwise be requfred. 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 the costs and e�cpenses of exerdsing the power of sale and of the sale,induding the paymeM of the Trustee's fees actually(ncurred and not to
<br /> exoeed the amouM which may be provfded for In this Deed of Trust,Becond,to paymem of the ObligaUons secured hereby third,to the paymerrt of junior
<br /> trust deeds,mortgages,or other Ifenholders,and the belenoe,if any,to the person or peraons legaliy errtiGed thereto. Thepro perty or any pert thereof may
<br /> be sold in one parcel,or in such parcels,manner or order as Lender in its sole dfscretion may elect,and one or more exerdses of the power herein graMed
<br /> shall not extinguish or exhaust the power unless the errtire 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 irrterest 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 reoeipt of auch notice of Lender and at the�rectbn of Lender,Trustw ahall causa to be recorded,published and de8vered such notloes of default
<br /> and notioes of sale as may then be required by Iaw and by this Deed of Trust. Trustee shall,only at the direction of Lender and witl�wut demend on Grantw,
<br /> after such time as may then be required by Iaw and after reoordation of such notioe of default and after notiw 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 sale,efther as whole or in separate lots or parcels or Reme as Lender ahall deem
<br /> expedI and in such order as ft may determine,at public auction to the hi�est bidder for cash in Iawful money of the Unfted States payable at the time of
<br /> saie,w��as otherwise may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof fts good and suffiderrt deed or deeds
<br /> comreying the property so sold, but wfthout any covenant or warranty, express or implied. The redtals in such deed of any matters or facts shall be
<br /> oondusive proof of the truthiulness thereof. Mype�son,induding,without limitation,Grantor,Trustee or Lender,may purchase at such sale. Trustee may
<br /> in the menner provided by law postpone sale of all or any portion of the Property.
<br /> 19. REGIUEST FOR N0TICES: Grantor requests that a copy of any notice of defauR and a copy of any notice of sale hereunder be mailed to each peraon
<br /> who is a party hereto at the address of such person set forth herein at the same time and in the same menner requfred as though a separate request thereof
<br /> had been flled by each such person.
<br /> NEDOTC Rev.1297
<br /> Paaa 9 d 8
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