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<br /> �11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall irtxnediately provide Lender with written notice of any actual or
<br /> threatened action,suit,or other proceeding affecting the Properry. Grantor hereby appoints Lender as its attomey-in-fact to corTmence,intervene in,and
<br /> defend such actions,suits,or other legal proceedings and to compromise or settle any daim or corrtroversy pertaining thereto. Lender shall not be liable to
<br /> Gramor for any action,error,mistake,omission or delay pertaining to the actions descxibed in this paragraph or any damages resulting therefrom. Nothing
<br /> corrtained herein will prevent Lender from taldng the actions described in this paragraph in its own name.
<br /> 12 INDEMNIFICATION. Lender shall not assume or be responsible for the perfomiance of any of GraMor's obligations with respect to the Property under
<br /> any aroumstances. Grantor shall irrmediately provide Lender with written notice of and indermify and hold Lender and its shareholders,directors,officers,
<br /> employees and agerrts hamiless from all daims,damages, liabilkies (induding attomeys' fees and legal expenses), causes of action, actions, suhs and
<br /> other legal prooeedings(cumulatively"Claims")pertaining to the Property(induding,but not limited to,those involving 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 therewiih. In the altemative, Lender shall be errtitled to emplo�r its own legal counsel to defend such Claims at Grantor's cost. Grarrtor's
<br /> obligation to indermify Lender under this paragraph shall survive the terminatwn,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 irm�ediately provide Lender evidence
<br /> of payment of same. Upon the request of Lender, Grarrtor shall deposit with Lender each moMh one-rivelfth (1N2) of the estimated annual insurance
<br /> premium,taxes and assessmerrts pertaining to the Property. So long as there is no default,these amourrts shall be applied to the paymerrt of taxes,
<br /> assessmerrts and insurance as required on the Property. In the everrt of defauft,Lender shall have the rigM,at its sole option,to 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. Grantor shall allow Lender or its agerrts 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 irrterest in its books and records pertaining to the Property. Addhionally,
<br /> Grantor shall report,in a form satisfactory to Lender,such information as Lender may request regarding Grantor'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 true,accurate and complete in all respects,and signed by Grantor if Lender requests.
<br /> 15. ESTOPPEL CERTIFICATES. Within ten(10)days after any request by Lender,Grantor shall deliver to Lender,or any iMended transferee of Lender's
<br /> rights with respect to the Obligations,a signed and adviowledged statement specifying(a)the outstanding balance on the Oblfgations;and(b)whether
<br /> Grantor possesses any daims,defenses,set-offs or courrterdaims whh 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 represerrtation ihat Lender may rtmke to the irnended transferee with respect to these matters in
<br /> the evern that Grantor fails to provide the requested statemerrt in a timely manner.
<br /> 16. DEFAULT. Graritor 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 Obligaiions:
<br /> (a) fails to pay any Obligation to Lender when due;
<br /> (b) fails to perform any Obligation or breaches any warrarny or covenant to Lender contained in this Deed of Trust or any other presern or future
<br /> agreemern;
<br /> (c) destroys,loses or dart�ages the Property in any mate�ial respect or subjects the Property to seizure,confiscation,or condermation;
<br /> (d) seeks to revoke,termfnate or otherwise limit its liabiliry under any guaranty to Lender;
<br /> (e) dies,becomes legally incompeterrt,is dissolved or terminated, becomes insolveM,makes an assignmerrt for ihe beneflt of creditors,fails to pay
<br /> debts as they become due,files a petition under the federal banlwptcy Iaws,has an involurrtary petition in bankruplcy filed in which Grantor,Borrower
<br /> or any guararrtor is named,or has property taken under any writ or process of court;
<br /> (� allows goods to be used,transponed or stored on the Property,the possession,transportation,or use of which,is illegal;
<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 itself insecure due to a significant dedine in the value of the Property;or if Lender,in good fahh,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 exerase one or more of the following
<br /> rerne�es without notice or demand(exoept as required by Iaw):
<br /> (a) to declare the Obligations imnediately due and payable in full;
<br /> (b) to collecl ihe outstanding Obligations with or without resorting to judiaal process;
<br /> (c) to require Grarrtor to deliver and make available to Lender any personal property or Chariels constituting the Property at a place reasonably
<br /> convenierrt to Grarnor 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 /> appoint a receiver without bond, without first bringing suit on the Obligations and without othervvise meeting any statutory conditions regarding
<br /> reoeivers,it being irrtended that Lender shall have this contractual rigM to appoirn a receiver;
<br /> (e) to employ a managing agern of the Property and let the same,either in Trustee's own name,in the name of Lender or in the name of Grarrtor,and
<br /> reoeive the rerrts,incomes,issues and profits of the Property and apply the same,after paymerrt of all necessary charges and expenses,on axourrt of
<br /> the Obligations;
<br /> (� to pay any sums in any foRn or manner deemed expedferrt by Lender to protect the securiry of this Deed of Trust or to cure any defauft other than
<br /> paymerrt of irrterest or prindpal on the Obligations;
<br /> (g) to foredose this Deed of Trust judidally or nonjudidally and to direct the sale of the property through exerase of the power of sale as referenced in
<br /> paragraph 20 hereof in acccordance with applicable law;
<br /> (h) to set-off Grantor's Obligations against any amourns owed Grantor by Lender induding, but not limited tq monies, instrumerrts, and deposit
<br /> axourrts maiMained with Lender or any curreMly existing or future a�iliate of Lender:and
<br /> (i)to exercise all other rights available to Lender under any other written agreemeM 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 prejudgment remedy in an action against Grantor, Grantor waives the posting of any bond which migM
<br /> othervvise be required. Lender or Lender's deslgnee maypurchase the Property at any sale. Proceeds of any Trustee's sale hereunder shall be applied
<br /> first,to the oosts and expenses of exerdsing the power of sale and of the sale,induding the paymertt of the Trustee's fees actually incurred and not to
<br /> exceed the amourn which may be provided for in this Deed of Trust,second,to paymem 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 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 dis�xetfon may elect,and one or more exerases of the power herein grarrted
<br /> shall not extinguish or exhaust the power unless the entire property is sold or the oblfgatfons are paid in full.
<br /> 18. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: If Lender elects to sell Grantor's interest in the Property by exercise of the power of
<br /> sale herein contained,Lender shall notiy Trustee in the manner then required by law.
<br /> Upon reoeipt of such notice of Lender and at the direction of Lender,Trustee shall cause to be recorded,published and delNered such notices of defaufl
<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 demand on Grantor,
<br /> after such time as may then be required by law and afler recordation of such notice of defauft and after notice of sale having been given as required by Iaw,
<br /> sell the Properry at the time and place of sale fixed by ft in such notice of sale,either as whole or fnsep�rate lots or parcels or items as Lender shall deem
<br /> expedierrt,and in such order as it may determine,at public suction to the highest bidder for cash in lawful money of the United 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 suffidem deed or deeds
<br /> corneying the properry so sold, lwt without any covenarrt or warrarny, express or implied. The reatals in such deed of any matters or facts shall be
<br /> oondusive proof of ihe truthfulness thereof. My person,induding,wfthout limitation,Grarnor,Trustee or Lender,mey 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. RE�UEST FOR NOTICES: Grarrtor requests that a copy of any notice of default and a copy of any notioe of sale hereunder be mailed to each person
<br /> who is a party hereto at the address of such person set forth herein at the same time and in the same manner required as though a seperate request thereof
<br /> had been filed by each such person.
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