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<br /> 11. LENDER'S RIGHT TO CONIMENCE OR DEFEND LEGAL ACTIONS. Grarnor shall frmiediately provide Lender wfth written notice of any actual or
<br /> threatened action,suit,or other prooeeding affecting the Property. Grantor hereby appoirrts Lender as its attomey-in-fact to corrxr�ence,intervene in,and
<br /> defend such actlons,sufts,or other legal proceedings and to oompromise or settle any dalm or corrtroversy pertaining thereto. Lende�shell noi be liable to
<br /> Grarrtor for any action,error,mistake,omission or delay pertaining to the actions descxibed in this paragraph or any darnages resufting therefrom. Nothing
<br /> contalned herein wlll preverrt Lender from taldng the actions described in this peragraph in fts own name.
<br /> 12 INDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of GraMor's obligations with respect to the Property under
<br /> any dreumstanoes. Grantor shall imnediately provide Lender with written notice of and indermffy and hold Lender and its shareholders,directors,officers,
<br /> employees and agerrts harmless from all daims,damages, Ilabilities (induding attomeys'fees and legal expenses),causes of action, actions, suits and
<br /> other legal procee�ngs(cumulatively"Ciaims")pertaining to the Property(induc�ng,but not Iimited to,those irnolving Hazardous Materials). Grantor,upon
<br /> the request of Lender,shall hire legal counsel to defend Lender irom such Clalms,and pay the attomeys'fees,legal expenses and other costs incurced in
<br /> connectlon therewith. In the altemative, Lender shell be erdftled to employ fts own legal counsel to defend such Claims at Grantor's cost. Grarrtor's
<br /> obligaUon to indermify Lender under this paragraph shall survive the temiination,release or foredosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grarrtor shall pay all taxes and assessmerrts relaUng to Property when due and IRmediately provide Lender evidence
<br /> of payinent of same. Upon the request of Lender,Grantor shall deposft wfth Lender each morrth one-twelfth (1/12) of the estimated annual insurance
<br /> premium,taxes end assessments pertaining to the Property. So long as there is no defauft, these emourrts shall be applied to the payrr�errt of taxes,
<br /> assessments and insurance as required on the Properry. In the everrt of default,Lender shall have U�e�IgM,at fts sole option,to apply the tunds so held to
<br /> pay any taxes w agalnst the Obligations. My tunds 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. Grantor shall allow Lender or its�er�ts to exartlne and inspect the Property
<br /> and exernine,inspect and meke copies of Grantor's books and records pertaining to the Property from time to time. Grarrtor shall provide any assistance
<br /> required by Lender br these purposes. All of the signatures and infortnation cordained in Grantor's books and records ahell be genuine,true,axurate and
<br /> complete in all respects. Grantor shall note the existence of Lender's benefldal irrterest in its books and records pertaining to the Properry. Additionally,
<br /> Grantor shall report,in a foRn satisfactory to Lender,such information as Lender may re�est regarding Grantor's Nnandal conditlon or the Property. The
<br /> infom�atlon shell 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 /> infomiation fumished by Grantor to Lender shali be true,axurate and wmplete fn all respects,and signed by Grantor if Lender requests.
<br /> 16. ESTOPPEL CERTIFICATES. Within ten(10)days after any request by Lsnder,Grantor shall delNer to Lender,or any Intended transferee of Lender's
<br /> rigMs with respect to the Obligations,a signed and adviowledged statement spedtying(a)the outstanding balanoe on the Obligat(ons;and(b)whether
<br /> Grantor possesses any dalms,defenses,set-offs or courtterdalms with respect to the Obligations and,if so,the nature of such daims,defenses,set-offs or
<br /> courrterdaima. Grantor 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 Grantor fails to provide the requested statemerrt in a timely menner.
<br /> 16. DEFAULT. Grantor shall be in defauh under this Deed of Trust and the Trustee's power shall becorne operative in the eveM that Grantor,Borrower or
<br /> any guararrtor of the Obligatlons:
<br /> (a) fails to pay any Obligation to Lender when due;
<br /> (b) fails to pertorm any Obligation or breaches any warrarny or covenant to Lender corrtalned in this Deed of Truet or any other present or future
<br /> agreement;
<br /> (c) destroys,bses or dameges the Property in any mete�lal respect or subjects the Property to seizure,confiscaUon,or condermation;
<br /> (d) seeks to revoke,tem�inate or othervvise Iimit its Ilabiltry under any guaranty to Lendet;
<br /> (e) �es,becomes legaily incompeterrt,is dissoNed or terminated,becomes insolverrt,makes an assignment for the benefft of creditors,fails to pay
<br /> debts as they becwme�e,flies a peUtion under the federal bankruptcy laws,has an involurrtary petition in banlwptcy filed fn which Grantor,Borrower
<br /> or any guararnw Is nemed,or has property taken under any wrh w prooess of court;
<br /> (� allows goods to be used,transported or stored on the Property,the possession,transportatlon,or use of which,is illegal•
<br /> (g) allows any perty other than Grantor or Borrower to assume or undertake any Obligatfon without the written conserrt of Lender;or
<br /> (h) causes Lender to deem itself Insecure due to a significant decline in the value of the Property;or if Lender,in good fafth,for any reason,believes
<br /> that the prospect of paymern or performence is impaired.
<br /> 17. RIGHTS OF LENDER ON DEFAULT. If there is a defauN under this Deed of Trust,Lender shall be emltled to exercise one or more of the following
<br /> remedies without notloe or demend(except as required by law):
<br /> (a) to dedare the Obligatlons Imnediately due and payable in full;
<br /> (b) to coliect the outstanding Obligations wfth or without resorNng to judidal process;
<br /> (c) to requlre Grantor to deliver and maka avaflable to Lender any personal property or Chattels oonstituting the Property at a place reasonably
<br /> oornenlerrt to Grantor and Lender;
<br /> (d) to emer upon and teke possession of the Property without applying for or obtalning the appoirrtment of a reoeiver and, at Lender's option,to
<br /> appolm a recelver wfthout bond, wfthout flrst Ixinging suh on the Obligations and without otherwise meeting any statutory conditions regarding
<br /> receivers,it being Irrtended that Lender shall have this corrtractual rigM to appolrrt a receiver;
<br /> (e) to employ a menaging agerrt of the Property and let the same,either in Trustee's own neme,in the name of Lender or in the name of Grantor,and
<br /> reoeive the rems,incomes,issues and profits of the Property and apply the same,after paymem of all necessary charges and expenses,on acoourrt of
<br /> the Obligations;
<br /> (� to pay any sums in any form or menner deemed expe�ent by Lender to protect the security of this Deed of Trust or to cure any defauft other than
<br /> paymerrt of irrterest w prindpal on tFre Obligations;
<br /> (g) to foredose this Deed of Trust judidally or nonjudidally and to direct the sale of the property through exerdse of ihe power of sale as referenced In
<br /> peragraph 20 hereof in acccordenoe wRh applicable Iaw;
<br /> (h) to set-off Grantor's Obligalions against any amourrts owed Grantor by Lender induding, but not limited to, monies, instrumerrts, and deposit
<br /> a000urrts meirrtalned with Lender or any currerrtly exfsting or future afflliate of Lender;and
<br /> (f)to exerdse all other rigMs avaflable to Lender under any other written agreemerrt or applicable law.
<br /> Lender's rigMs ere cumulative and may be exercised together, separately, and in any order. In the everrt that Lender instftutes an action seeldng the
<br /> recovery of any of the Property by way of a prejudgment remedy in an action against Grantor, Grantor waives the�osting 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 enerdsing the power of tale and of the sale,induding the paymerrt of the Trustee's fees actually incuRed 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 errtftled thereto. Theproperry or any part thereof may
<br /> be sold in one percel,or in such percels,manner or order as Lender in its sole discreNon may elect,and one or more exerdses of the power herein grarrted
<br /> shall not exUnguish or exhaust the power unless the errtire property is sold or the obligations are peld in full.
<br /> 18. TRUSTEE'S EXERCISE OF P01fVER OF SALE ON DEFAULT: If Lender elects to sell Grantor's irrterest in the Property by exerdse of the power of
<br /> sale herein contained,Lender shall notify Trustee fn the manner then required by law.
<br /> Upon receipt of such notice of Lender and at the directlon of Lender,Trustee shall cause to be reoorded,published end delivered such notices of default
<br /> and notices of sele as may then be requlred 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 defauk 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 notioe of sale,efther as whole or in sepsrate lots or parcels or items as Lender shall deem
<br /> expediertt,and in such order as h may determine,at public aucdon to the highest bidder for cash in Iawful money of the United States payable at the time of
<br /> sale,or as otherwise may then be required by law. Trustee shall delNer to such purohaser or purchasers thereof its good and suHident deed or deeds
<br /> conveying theprope rty so sold, but without any covenam or warranty, express or implied. The recitals In such deed of any metters or facis shall be
<br /> condusive proof of the truthfulness thereof. Anyperson,induding,without limitation,Grantor,Trustee or Lender,may purchase at such sale. Trustee may
<br /> in the manner provided by law postpone sale of ail or any portlon of the Property.
<br /> 19. RE(iUEST FOR N0TICES: GraMor requests that a oopy 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 hereln at the same time and in the same menner required as though a separate request thereof
<br /> had besn flled by each such person.
<br /> NEDOTC Rw.17187 p,�,o a�,r a d :
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