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- � 99 109896
<br /> 6. Maintenance. Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair;
<br /> shall promptly repair, or replace, any improvement which may be damaged or destroyed; shall not commit or permit any waste
<br /> or deterioration of the Property; shall not remove,demolish or substantially alter any of the improvements on the Property; shall
<br /> not commit, suffer or pernut any act to be done in or upon the Property in violation of any law, ordinance or regulation; and
<br /> shall promptly dischazge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against
<br /> the Property or any part thereof.
<br /> '7. Eminent Domain. Lender is hereby assigned a11 compensation, awazds, damages and other payments or relief
<br /> (hereinafter "Proceeds")in connection with condemnation or other taking of the Property or part thereof, or for conveyance in
<br /> lieu of condemnation. Lender sha11 be entitled at its option to commence, appear in and prosecute in its own name any action or
<br /> proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the
<br /> event any portion of the Property is so taken or damaged, Lender shall have the option, it its sole and absolute discretion, to
<br /> apply all such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon
<br /> any indebtedness secured hereby and in such order as Lender may determine, or to apply all such Proceeds, after such
<br /> deductions, to the restoration of the Property upon such conditions as Lender may deternune. Any application of Proceeds to
<br /> indebtedness sha11 not extend or postpone the due date of any payments under the Note, or cure any default thereunder or
<br /> hereunder. Any unapplied funds sha11 be paid to Trustor.
<br /> 8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal
<br /> proceeding commenced,which materially affects Lender's interest in the Property,Lender may in its own discretion, but without
<br /> obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligatioq do any
<br /> act which Trustor has ageed but fails to do and may also do any other act it deems necessary to protect the security hereof.
<br /> Trustor shall, immediately upon demand therefor by Lender, pay to Lender all costs and eacpenses incurred and sums expended
<br /> by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default rate
<br /> provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of
<br /> anything it may do or omit to do hereunder.
<br /> 9. Hazardous Materials. Trustor sha11 keep the Property in compliance with all applicable laws, ordinances and
<br /> regulations relating to industrial hygiene or environmental protection(coliectively referred to herein as "Environmental Laws").
<br /> Trustor shall keep the Property free from a11 substances deemed to be hazardous or toxic under any Environmental Laws
<br /> (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender that there are no
<br /> Hazardous Materials on or under the Property. Trustor hereby agees to indemnify and hold harmless Lender, its directors,
<br /> officers,employees and agents,and any successors to Lender's interest, from and against any and all claims, damages, losses and
<br /> liabilities arising in connection with the presence, use disposal or transport of any Hazardous Materials on, under, from or about
<br /> the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS
<br /> PURSUANT TO TI-�FOREGOING INDEI�INITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br /> 10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property, provided that
<br /> Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and
<br /> profits as they become due and payable. Upon the occurrence of an Event of Default,Lender may, either in person or by agent,
<br /> with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of
<br /> its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name of the Trustee,
<br /> and do any acts which it deems necessary or desirable to preserve the value, mazketability or rentability of the Property, or any
<br /> part thereof, or interest therein, increase the income therefrom, or protect the security thereof, and, with or without taking
<br /> possession of the Property, sue for, or otherwise collect, the rents, issues and profits thereof, including those past due and
<br /> unpaid, and apply the same, less costs and expenses of operation and collection including attorney's fees, upon any indebtedness
<br /> secured hereby, all�in such order as Lender may determine. The entering upon and taking possession of the Property, the
<br /> collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice
<br /> of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,
<br /> notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or
<br /> profits, and Trustee and Lender shall be entitled to exercise every right provided for herein or by law upon occurrence of any
<br /> Event of Default, including without limitation the right to exercise the power of sa1e. Further, Lender's rights and remedies
<br /> under this paragraph sha11 be cumulative with, and in no way a limitation on,Lender's rights and remedies under any assignment
<br /> of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents
<br /> actually received.
<br /> 11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
<br /> (a) Failure to pay any installment of principal or interest or any other sum secured hereby when due;
<br /> (b) A breach of, or default under,any provision contained in the Note,this Deed of Trust, any of the
<br /> Loan Instruments, or any other lien or encumbrance upon the Property;
<br /> (c) A writ of execution or attachment, or any similar process, shall be entered against Trustor which
<br /> sha11 become a lien on the Property or any portion or interest therein;
<br /> (d) There shall be filed by or against Trustor or Borrower an action under any present or future
<br /> federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors,
<br /> or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of a11 or any part of
<br /> the Property,rents,issues or profits thereof, or Trustor or Borrower shall make any general assignment for the
<br /> benefit of creditors;
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