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<br /> 11. LENQ�R'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall immediately provide Lender with written notice of any actual or
<br /> threatened action, suit,or otFier proceeding affecting the Property. Granior Fiereby appoints Lender as its attorney-in-fact to commence, interverie in,and
<br /> defend such actions,suits,or other legal proceedings and to compromise or settle any claim or controversy pertaining thereto. Lender shall not be liable to
<br /> C�rantor for�any aclion,error,mistake,omission or delay pertaining to lhe actions described in this paragraph or any damages resulting therefrom. Nothing
<br /> contained herein will prevent Lender from taking the actions described in this paragraph in its own riame.
<br /> 12. INDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of Grantor's obligations with respect to ihe Property under
<br /> any circumstances. Grantor shali immediately provide Lender with written notice of and indemnify and hold Lender and iis shareholders,directors,officers,
<br /> employees and agents harmless from all daims, damages, liabilities (induding attorneys' fees and legal expenses), causes of action, actions, suits and
<br /> other legal proceedings(cumulatively"Claims")pertaining to the Property(including,but not limited to,those involving Hazardous Materials). Grantor,upon
<br /> ihe request of Lender, shall hire legal counsel to defend Lender from such Claims,and pay the attorneys'fees,legal expenses and other costs inaarred in
<br /> connection therewiih. In the alternative, Lender shall be entitled to employ its own legal counsel to defend such Claims ai Grantor's cost. Graritor's
<br /> obiigation to indemnify Lender under this paragraph shall survive ihe iermination,release or foreclosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessments relaiing to Property when due and immediately provide Lender eviderice
<br /> of paymenl of same. Upon the request of Lender, Grantor shall deposit with Lender each month one-twelflh (1/12) of ihe estimated annual irisiarance
<br /> premium, taxes arid assessmenis pertaining to the Property. So long as there is no default. lhese amounis shall be applied to the paymerit of taxes,
<br /> assessments and insurance as required on the Property. In the event of default, Lender shall have the right,at its sole opiion,to apply the funds so heid 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 agents to examine and inspect iYie Property
<br /> and examine,inspect and make copies of Grantor's books and records periaining to the Property from time to time. Granior shall provide any assistance
<br /> required by Lender for these purposes. All of the signatures and information contained in Granior's books and records shall be genuine,true,accurate and
<br /> complete in all respects. Grantor shall note ihe existence of Lender's beneficial interest in its books and records pertaining to the Property. Additioriaily,
<br /> Grantor shall report, in a form satisfactory to Lender,such information as Lender may requesi regarding Grantor's financial condition or the Property. The
<br /> inforrr�tion shall be for such periods,shall reflect Grantor's records at such time,and shall be rendered with sur,h frequency as Lender may desigriale All
<br /> information furnished by Granlor to Lender shall be true,accurate and complete in all respecis,and signed by Grantor if Lender requests.
<br /> 15. ESTOPPEL CERTIFICATES. Within ten(10)days after any request by Lender,Grantor shali deliver to Lender,or any intended transieree of Lender's
<br /> rights with respect to the Obligations, a signed and acknowledged statement specifying (a) the outstanding balance on the Obligations; and (b) wlietiier
<br /> Grantor possesses any claims,defenses,set-offs or counterclaims with respect to the Obligations and,if so,the nature of such claims,defenses,set-offs or
<br /> counierclaims. Grantor will be conclusively bound by any representation ihat Lender may make to the intended transferee with respect to these matters in
<br /> ihe event that Granior fails to provide the requested statement in a timely manner.
<br /> 16. DEFAULT. Grantor shall be in default 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 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 contained in this Deed of Trust or any otFier present or fiat�are
<br /> agreement;
<br /> (c) destroys,loses or damages the Properly in any material respect or subjects the Property to seizure,confiscation,or condemnation;
<br /> (d) seeks to revoke,terminate or otherwise limit its liability under any guaranty to Lender;
<br /> (e) dies, becomes legally incompetent, is dissolved or terminated, becomes insolvent, makes an assignment for ihe benefii of creditors, fails to pay
<br /> debts as they become due,files a petition under the federal bankruptcy laws,has an involuntary 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 goods to be used,transported or stored on the Property,ihe possession,transportation,or use of which,is illegal;
<br /> (g) allows any party other than Grantor or Borrower 10 assume or undertake any Obligation without ihe written consent of Lender;or
<br /> (h) causes Lender to deem itself insecure due to a significant decline in the value of ihe Property;or if Lender,in good faith, for any reason,believes
<br /> that the prospect of payment or performance is impaired.
<br /> 17. RIGHTS OF LENDER ON DEFAULT. If there is a default under this Deed of Trust, Lender shall be entilled to exercise one or more of ihe following
<br /> remedies without notice or demand(except as required by law):
<br /> (a) to declare the Obligations immediately due and payable in fuli;
<br /> (b) io collect ihe outstanding Obligations with or without resorting to judicial process;
<br /> (c) to require Grantor to deliver and make available to Lender any personal property or Chattels constituting ihe Property at a place reasonably
<br /> convenient to Grantor and Lender;
<br /> (d) to enter upon and take possession of 1he Property without applying for or obtaining the appointment of a receiver and, at Lender's optiori, 10
<br /> appoint a receiver without bond, without first bringing suit on the Obligations and without oiherwise meeting any statutory conditions reqardirig
<br /> receivers,it being intended ihat�ender shall have this contractual right to appoint a receiver;
<br /> (e) to employ a managing agent of the Property and let the same,either in Trustee's own name,in the name of Lender or in the name of Grantor,and
<br /> receive ihe rents,incomes,issues and profits of the Property and apply the same,after payment of all necessary charges and expenses,on accoimt oi
<br /> ihe Obligations;
<br /> (f) to pay any sums in any form or manner deemed expedient by Lender to protect lhe security of this Deed of Trust or 10 cure any defaidt ottier tYian
<br /> payment of interest or principal on the Obligations;
<br /> (g) 10 foreclose this Deed of Trusi judicially or nonjudicially and to direct ihe sale of the property through exercise of ihe 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 amounts owed Grantor by Lender induding, but not limited io, monies, instrumerils, and depusit
<br /> accounls maintained with Lender or any currently existing or future affiliate of Lender:and
<br /> (i)to exercise all other rights available to Lender under any other written agreement or applicable law.
<br /> Lender's rights are cumulative and may be exercised together, separately, and in any order. In the event that Lender institutes an action seekinq ihe
<br /> recovery of any of ihe Property by way of a prejudgment remedy in an action against Grantor, Grantor waives the posting of any bond wfiicri rnight
<br /> otherwise be required. Lender or Lender's designee may purchase the Property at any sale. Proceeds of any Trustee's sale Fiereunder shall be applied
<br /> first, to the costs and expenses of exercising the power of sale and of the sale, including ihe payment of the Trusiee's fees actually incurred and not to
<br /> exceed the amount which may be provided for in this Deed of Trust, second,to payment of the Obligations secured hereby,third,to ihe paymerit of junior
<br /> trust deeds,mortgages,or other lienholders,and the balance,if any,to the person or persons legally entitled ihereto. The property or any part tYiereof may
<br /> be sold in one parcel,or in such parcels,rr�nner or order as Lender in i1s sole discretion may elect,and one or more exercises of the power herein granted
<br /> shall not extinguish or exhaust ihe power unless the entire property is sold or the obligations are paid in fuli.
<br /> 18. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: If Lender elects to sell Granlor's interest in ihe Property by exercise of tYie power of
<br /> sale herein con�ained,Lender shail notify Trustee in the manner then reyuired 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 items as Lender shall deem
<br /> expedient,and in such order as it may determine,al public auction to the highest bidder for cash in lawful money of ihe United States payable at the time of
<br /> sale, or as otnervvise may ihen be required by law. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
<br /> conveying ihe property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facis shail be
<br /> conclusive proof of the truthfulness thereof. Any person,including,without limitation.Grantor,Trustee or Lender,may purchase at such sale. Triastee may
<br /> in the manner provided by law postpone sale of all or any portion of the Property.
<br /> 19. REQUEST FOR NOTICES: Grantor requests that a copy of any notice of default and a copy of any notice of sale hereunder be mailed to eachi person
<br /> who is a party hereto at the address of such person set forth herein at the same lime and in the same rrianner required as though a separate reqiiest tl�ereof
<br /> had been filed by each such person.
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