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<br /> 11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall irrxnediately provide Lender with written notice of any actual or
<br /> threatened action,suit,or other proceeding affecting the Property. Grantor hereby appoirrts Lender as its attomey-in-fact to corm�ence,intervene in,and
<br /> defend such aclions,suits,or other legal proceedings and to compromise or settle any daim or corrtroversy pertaining thereto. Lender shall not be liable to
<br /> Grantor for any action,error,mistake,omission or delay pertaining to the actions descnbed in this paragraph or any damages resufting therefrom. Nothing
<br /> contained herein will preverrt Lender from taking the actfons described in this paragraph in its own name.
<br /> 12 INDEMNIFICATION. Lender shall not assume or be responsible for the perfom�ance of any of Grarnor's obligations wfth respect to the Property under
<br /> any arcumstances. Grantor shall immediately provide Lender with written notice of and indermify and hold Lender and its shareholders,directors,officers,
<br /> employees and agents hamiess from all daims, damages, liabilities (induding attomeys'fees and legal expenses), causes of action,actions, suhs and
<br /> other legal proceedings(cumulatively"Claims")pertaining to the Property(induding,but not limited to,those invoMng 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 /> connection therewith. In the altemative, Lender shall be errtitled to employ its own legal counsel to defend such Claims at Grantor's cost. Grantor's
<br /> obligation to indermify Lender under this paragraph shall survive the termination,release or foredosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grarnor shall pay all taxes and assessments relating to Property when due and imnediately provide Lender evidence
<br /> of payment of sarne. Upon the request of Lender, Grarrtor shall deposit with Lender each morrth one-twelfth (1/12) of the estimated annual insurance
<br /> premium,taxes and assessmerrts pertaining to the Property. So long as there is no default,these amounts shall be applied to the payment of taxes,
<br /> assessments and insurance as required on the Property. In the event of defauft,Lender shall have the right,at its sole option,io apply the funds so held to
<br /> pay any taxes or against the Obligations. Any 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 contained in Grarrtor's books and records shall be genuine,true,accurate and
<br /> complete in all respects. Grantor shall note the existence of Lender's benefiaal interest in its books and records pertaining to the Property. Additionally,
<br /> Grarrtor shall report,in a form satisfactory to Lender,such infomiation as Lender may request regarding Grarrtor's finanaal condition or the Property. The
<br /> information 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 /> information fumished by Grantor to Lender shall be irue,accurate and complete in all respects,and signed by Grantor if Lender requests.
<br /> 15. ESTOPPEL CERTIFICATES. Wrthin ten(10)days after any request by Lender,Grantor shall deliver to Lender,or any intended transferee of Lender's
<br /> rights with respect to the Obligations, a signed and acknowledged statemern specitying(a)the outstanding balance on ihe Obligations;and(b)whether
<br /> Grantor possesses any daims,defenses,set-offs or courAerdaims with respect to the Obligations and,if so,the nature of such daims,defenses,set-offs or
<br /> counterdaims. Grantor will be condusively bound by any represemation that Lender may make to the intended transferee with respect to these matters in
<br /> the event that Grarnor fails to provide the requested statemeM 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 Gramor,Borrower or
<br /> any guarantor of the Obligations:
<br /> (a) fails to pay any Obligation to Lender when due;
<br /> (b) fails to perform any Obligation or breaches any warranty or covenant to Lender corrtained 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 liabil'rty under any guaranty to Lender;
<br /> (e) dies,becomes legally incompeterrt,is dissoNed or terminated,becomes insoNerrt,makes an assignmerrt for the benefit of aeditors,fails to pay
<br /> debts as they become due,files a petition under the federal baniwptcy laws,has an involurrtary petition in bankruptcy filed in which Grantor,Borrower
<br /> or any guarantor is named,or has property taken under any writ or process of court;
<br /> �f� allows Qoods to be used,transported or stored on the Property,the possession,transportation,or use of which,is illegal;
<br /> (g) 211ows any paRy other than Grantor or Bbf�WBf t8 assume or undert�ite any�bllga[iun witfioiil SFSB Wrfli817 L8n3�rh 4f I�an�r;er
<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 paymertt or performance is impaired.
<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 demand(excepl as required by law):
<br /> (a) to declare the Obligations imrnediately due and payable in full;
<br /> (b) to collect the outstanding Obligations with or without resorting to judiaal process;
<br /> (c) to require Granior to deliver and make available to Lender any personal property or Chattels constituting the Property at a place reasonably
<br /> convenient to Grarrtor and Lender;
<br /> (d) to enter upon and take possession of the Property without applying for or obtaining the appoirrtmerrt of a receiver and, at Lender's option, to
<br /> appoint a receiver without bond, without first bringing suit on the Obligations and without othervvise meeting any statutory conditions regarding
<br /> receivers,it being irrtended that Lender shall have this contractual right to appoint a receiver;
<br /> (e) to employ a managing agent of the Properry and let the same,either in Trustee's own name,in the name of Lender or in the name of Grantor,and
<br /> receive the rents,incomes,issues and profits of the Property and apply ihe same,after paymerrt of all necessary charges and expenses,on account of
<br /> the Obligations;
<br /> (f) to pay any sums in any form or manner deemed expedient by Lender to protect the security of this Deed of Trust or to cure any default other than
<br /> payment of interest or prinapal on the Obligations;
<br /> (g) to foredose ihis Deed of Trust judiaally or nonjudiaally and to direct the sale of ihe property ihrough exerase of the power of sale as referenced in
<br /> paragraph 20 hereof in acccordance with applicable law;
<br /> (h) to set-off Grarrtor's Obligations against any amourns owed Grarnor by Lender including, but not limited to, monies, instruments, and deposit
<br /> accourrts maintained with Lender or any currerrtly existing or future affiliate of Lender;and
<br /> (f)to exerase all other rights available to Lender under any other written agreemerrt or applicable law.
<br /> Lender's rights are cumulative and may be exerased together, separately, and in any order. In the event that Lender institutes an action seeldng the
<br /> recovery of any of the Property by way of a prejudgmeM remedy in an action against Grantor, Grantor waives the posting of any bond which might
<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 the costs and expenses of exercising the power of sale and of the sale,including the paymerrt 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 payment of the Obligations secxued 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 its sole discretion may elecl,and one or more exerases 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 irrterest in the Property by exercise of the power of
<br /> sale herein corrtained,Lender shall notify Trustee in 1he manner then required by law.
<br /> Upon receipt of such notice of Lender and at the direction of Lender,Trustee shall cause to be recorded,published and delivered such notices of default
<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 without demand on Grantor,
<br /> after such time as may then be required by law and after recordation of such notice of default and after notice of sale having been given as required by law,
<br /> sell the Property at the time and place of sale fixed by it in such notice of sale,either as whole or in separate lots or parcels or hems as Lender shall deem
<br /> expedient,and in such order as it may deterrrune,at public auction to the highest bidder for cash in lawful rrbney of the Unhed States payable at the time of
<br /> sale, or as otherwise may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof its good and sufflderrt deed or deeds
<br /> conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br /> condusive proof of the truthfulness thereof. Any person,including,without limitation,Grarnor,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 NOTICES: Grantor requests that a copy of any notice of default and a copy of any notice of sale hereunder be mailed to each person
<br /> who is a party hereto at ihe 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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