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99 112092
<br /> Lender all costs and expenses incurred and sums expended by Lender in connection with the
<br /> exercise by Lender of the foregoing rights,together with interest thereon at the default rate provided
<br /> in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any
<br /> liability because of anykhing it may do or omit to do hereunder.
<br /> 9. Hazardous Materials. Trustor shall keep the Property in compliance with
<br /> all applicable laws, ordinances and regulations relating to industrial hygiene or environmental
<br /> protection (collectively referred to herein as "Environmental Laws"). Trustor shall keep the
<br /> Property free from all 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
<br /> Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees t�
<br /> indemnify and hold harmless Lender, its directors, officers, employees and agents, and any
<br /> successors to Lender's interest, from and against any and all claims, damages, losses and liabilities
<br /> arising in connection with the presence, use, disposal or transport of any Hazardous Materials on,
<br /> under, from or about the Property. TI� FOREGOING WARRANTIES AND
<br /> REPRESENTATIONS,AND TRUSTOR'S OBLIGATIONS PURSUANT TO TI�FOREGOING
<br /> INDENIlVITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br /> 10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues
<br /> and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default
<br /> hereunder, have the right to collect and retain such rents, issues and profits as they become due and
<br /> 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
<br /> regard to the adequacy of its security, enter upon and take possession of the Property, or any part
<br /> thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or
<br /> desirable to preserve the value, marketability or rentability of the Property, or any part thereof or
<br /> interest therein, increase the income therefrom or protect the security hereof and, with or without
<br /> taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof,
<br /> including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br /> collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as
<br /> Lender may determine. The entering upon and taking possession of the Property, the collection of
<br /> such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any
<br /> default or notice of default hereunder or invalidate any act done in response to such default or
<br /> pursuant to such notice of default and, notwithstanding the continuance in possession of the
<br /> Property or the collection, receipt and application of rents, issues or profits, and Trustee and Lender
<br /> shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon
<br /> occurrence of any Event of Default, including without limitation the right to exercise the power of
<br /> sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no
<br /> way a limitation on,Lender's rights and remedies under any assignment of leases and rents recorded
<br /> 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
<br /> this Deed of Trust:
<br /> (a) Failure to pay any installment of principal or interest or any other sum
<br /> secured hereby when due;
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