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<br /> 11. LENbER'S RIGHT TO CONIMENCE OR DEFEND LEGAL ACTIONS. Grarrtor shall irmiec�atelyprovide Lender whh written notioe of eny actual or
<br /> threatened action,suit,or other proceedng affecting the Property. Grantor hereby appoirrts Lender as hs attomey-in-fact to ccmrnence,irrtervene in,and
<br /> defend such acUona,suits,or other legal proceedings and to compromise or settle any daim or comroversy pertaining thereto. Lender shall not be Ifable to
<br /> Grantor br any action,error,mistake,omission w delay pertaining to the acUons described in this paragraph or any damages resulting thereirom Nothing
<br /> contained herefn will prevem Lender from taldng the actions described in this peragraph in its own name.
<br /> 12 INDEMNIFlCATION. Lender shall noi assume or be responslble for the pertomiance of any of Grarnor's obligations wfth respect to the Property under
<br /> any draur�star�ces. (3raMor shall irtmedfately provide Lender wfth written notice of and indermify and hold Lendar and Rs shareholdera,c8reclors,offlcera,
<br /> employees and agents harmless from all daims,damages, liabilities(induding attomeys' fees and legal expenses),causes of adi�,adtons, sufts and
<br /> ather legal proceedings(cumulaWely"Claims")pertaiMng to the Properry(induding,but not limited to,those involving Hazardous Materials). Grarnor,upon
<br /> the request of Lender,shall hire legal oounsel to defend Lender(rom such Claims,and pay the attomeys'fees,legal expenses and other costs incurred in
<br /> cora�ecdon therewith. In the aftemative, Le�der shall be errtitled to employ its own legal counsei to defend such Claims at Grantor'a cost. Grarnora
<br /> oblfgation to irx�emnify Lender under this paragraph shall survive the terminabon,release or foredosure of this Deed of Trust.
<br /> 13. TAXES AND ASSESSMENTS. Grarrtor shall pay all taxes and assessments relating to Property when due and irrrne�ately provide Lender evidencs
<br /> of payment of sarne. Upon the request of Lender,Grarrtor shall deposit whh Lender each morrth one-rivelfth (1h2) of the esUrnated annual,insurance
<br /> premium,taxes and assessmems pertaining to the Properry. So long as there is no defauft,these amourrts shall be applied to the paymem of texes,
<br /> asaessmerns and insurance as required on the Property. In the event of default,Lender shall have the right,at its sole option,to apply the funds so held to
<br /> pay arry taxes or against the Obllgations. My 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 shafl allow Lender or its agems to exartine and Inspect the Properly
<br /> and exemine,inspect and make copies of Grarrtor's books and records pertaining to the Property from time to time. Grarnor shall provfde any ass(stance
<br /> required by Lender for these purposes. All of the signatures and information coMained in Grantor's books and records shall be genuine,true,accurate and
<br /> complete in all respects. Grarrtor shalt note the existence of Lender's benefidal interest in its books and records pertalning to the Properry. Adc�tionally,
<br /> Grantor ahall report,in a form satfsfactory to Lender,such information as Lender may request regarding Grantor's financfal conditfon or the Property. The
<br /> infomgtion ahall be for such periads,shall reflect Grantor's records at such time,and shall be rendered with such frequency as Lender may designate. All
<br /> infamation fumished by Grantor to Lender shall be true,accurate and complete in all respects,and signed by Grarnor if Lender requesta. y ,,,. ;:;,,
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<br /> 1a. ESTOPPEL CERTIFICATES. Within ten(10)days after any request by Lender,Grantor shall deliver to Lender,or any irrtended Vansferee� �S
<br /> ri¢ris wNh respect to the Obligations,a signed and ac�owledged statemerrt sped(ying(a)the outstanding balanoe on the Obligations;and(I�)���t
<br /> Grentor poaeessea any dafms,defenses,set-offs or courrterdaims with respect to the Obligatfons and,if so,the nature of such daims,defenses,set-offs or
<br /> oouMerdaima. Grarrtor will be condusively bound by any represerrtation that Lender may make to the iMended transferee with respect to these matters in
<br /> the eveM that QraMOr faNs to provide the requested stateme►rt in a timely manner. '
<br /> 16. DEFAULT. Grantor shail be in defauft under this Deed of Trust and the Trustee's power shall become operative in the eveM that Grantor,�e1r or
<br /> arry guararnor of the Obligations:
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<br /> (a) fails to pay any ObUgation to Lender when due;
<br /> (b) fails to perfortn any Obligation or breaches any warrarrty or covenant to Lender contalned in this Deed of Trust or any other preaerrt or future
<br /> s9reement:
<br /> (c) desiroya,loses or dert�ages the Property in any material respect or subjects the Property to seizure,confiscation,or condermatlon; j„ ;
<br /> (d) seeka to revoke,terminate or otherwise limit fts liability under any guaranry to Lender;
<br /> (e) �'ies,beoomes legally incompeteM,is�ssolved or tem�inated,becomes insolverrt,makes an assi�merrt for the benefit of crec�tors,faila'ta-psy
<br /> debts as they becorr�e due,files a petitlon under the federal banlwptcy Iaws,has an involuntary pet�ion in bankruptcy filed in wh(ch Grantor,Borrower
<br /> or any guarantor is named,or has property taken under any writ or process of court;
<br /> (� allowa goods to be used,transported or stored on the Property,the possessio�,transportation,or use of which,is Illegal;
<br /> (g) albws any perty other than Grantor or Borrower to assume or undertake any Obligation wfthout the written consent of Lender;or °
<br /> (h) causes Lender to deem Nself insecure due to a significant dedine in the value of the Property;or if Lender,in good falth,for any reason,beliewq5
<br /> that the prospect of paymem or pertomiance is impaired.
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<br /> 17. RIGHTS OF LENDER ON DEFAULT. If there is a defauft under this Deed of Trust,Lender shall be eMitled to exerase one or rnore of the foUoMr�ng
<br /> remedles without no�ce or demend(exoept as required by Iaw):
<br /> (a) to dedare the Obiigetions immediately due and payable in full;
<br /> (b) to oollecl the outstan�ing Obligations with or without resorting to judiaal process; ,; �a ,1.
<br /> (c) to require Grarno►to deliver and make available to Lender any personat properry or Chattels constituting the Property at a place reaipn'gbly
<br /> eonvenient to Grantor and Lender;
<br /> (d) to enter upon and take possession of the Property wfthout applying for or obtaining the appoirnmern of a receiver and, at Lender's option,to
<br /> appolnt a receiver withoul bond, without first bringing suft on the Obligations and whhout otherwise meeting any statutory conditions regar�ng
<br /> receivers,it being iMended that Lender shall have this corrtractual right to appoint a receiver;
<br /> (e) to employ a managing ageM of the Property and let the same,either in Trustee's own name,in the name of Lender or in the name of G�rnor;�euid
<br /> reoeive the rerrts,incomes,issues and proNts of the Property and apply the same,after payment of all necessary charges and expenses,on acoourrt of �
<br /> the Obli�tions;
<br /> (� to pay any sums tn any form or manner deemed expediern by Lender to protect the security of this Deed of Trust or to cure any defaufl other than
<br /> peymeM of iMerest or prinapal on the Obiigations;
<br /> (gj to foredose this Deed of Trust judidally or nonjudiaally and to direct the sale of the property through exercise of the power of sale as referenced f�
<br /> paragraph 20 hereof in acccordance with applicable law;
<br /> (h) to set-off Grantor's Oblfgations against any amoums owed Grarnor by Lender induding, but not IiMted to, monies, InsVumerrts, and:deppsif
<br /> aocourna meintained with Lender or any currerrtly exisiing or future affiliate of Lender;and
<br /> (i)to exerdse all other�igMs available to Lender under any other written agreemeM or appUcable law.
<br /> Lender's �ghts are eumulatNe and may be exerdsed together, separately, and in any order. In the everrt that Lender institutes an action seeWqg;the
<br /> re�r o(any of the Properly by way of a prejudgmeM rert�edy in an action against Grantor, Grantor waives the posting of any bond wl�ich;
<br /> otherwise be required. Lender or Lender's designee maypurchase the Property at any sale. Proceeds of any Trustee's sale hereunder shall be''ap�
<br /> flrst,to the costs and expenses of exeroising the power of sale and of the sale,induding the paymerrt of the Trustee's fees actually incurred and no�to
<br /> exoeed the amourrt which may be provided for in this Deed of Trust,second,to payment of the Obligations secured hereby,third,to the paymern ot nfa,�
<br /> irust deeds,mortgages,or other lienholders,and the balance,if any,to the person or persons legally errtitled thereto. The�xoperry or erry pert therqq�may
<br /> be sold in one percel,or in such paroels,menner or order as Lender in its sole discxetion may elect,and one or m�re exerases of the power herein gra�t� �
<br /> ahall not extlnguish or exhaust the power unless the errtire properry 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 exerdse of the'pohrei o(
<br /> sale herein contained,Lender shall notify Trusiee in the menner then required by Iaw.
<br /> Upon receipt of such noiice of Lender and at the direction of Lender,Ttustee shall cause to be recorded,published and delivered such noUces of defauU
<br /> and�s of sale as may then be required by Iaw and by this Deed of Trust. Trustee shall,only at the direction of Lender and without demend on Grentor;
<br /> aiter such tfine aa may then be required by law and after rec:ordation of such notice of default and after notice of sale having been�ven as requlred by law,
<br /> sell the PropeAy at the time and plaoe of sale fixed by it in such notice of sale,eNher as whole or in separate lots or parceis or items as Lender ahall deem
<br /> e�ediern,and in such order as 1t may determine,at public auction to the hlghest bidder for cash in lawful money of the United States payable at the iime of
<br /> saie ot as othenNise mey then be requfred by law. Trustee shall deliver to such pu�chaser or purchasers thereof its good and suffiaerrt deed or deed's
<br /> corneying ihe propery so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any mattera or facts shal�;be
<br /> condusive proof of the truthfulness thereof. My person,induding,without limftation,Grarrtor,Tnistee or Lender,may purchase at such aale. Tri�stee may
<br /> in the menner 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 defauft and a copy of any notice of sale hereunder be mailed to eaqh
<br /> who is a perty hereto at the address of such person set forth herein at the same time and in the same manner required as though a separate request the�f
<br /> had been flled by each such person.
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