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200411"x39
<br />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. Truster shall keep the Property in compliance with all applicable
<br />laws, ordinances and regulations relating too industrial hygiene or environmental
<br />protection (collectively referred to herein as "Environmental Laws "). Truster shall keep
<br />the Property free from all substances deemed to be hazardous or toxic under any
<br />Environmental Laws (collectively referred to herein as "Hazardous Materials "). Truster
<br />hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br />under the Property. Tmstor hereby agrees to indemnify and hold harmless Lender, its
<br />directors, officers, employees and agents, and any successors to Lender's interest, from
<br />and against any and all claims, damages, losses and liabilities arising in connection with
<br />the presence, use disposal or transport of any Hazardous Materials on, under, from or
<br />about the Property. THE FOREGOING WARRANTIES AND REPRESENTATION,
<br />AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGONG INDEMNITY,
<br />SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10) Ascimment of Leases and Rents. Tmstor hereby assigns to Lender the rents, issues and
<br />profits of the Property, provided that Trustor shall, until the occurrence of an Event of
<br />Default hereunder, have the right to collect and retain such rents, issues and profits as
<br />they become due and payable. Upon the occurrence of an Event of Default, Lender may,
<br />either in person or by agent, with or without bringing any action or proceeding, or by a
<br />receiver appointed by a court and without regard to the adequacy of its security, enter
<br />upon and take possession of the Property, or any part thereof, in its own name or in the
<br />name of the Trustee, and do any acts which it deems necessary or desirable to preserve
<br />the value, marketability or rentability of the Property, or any part thereof, or interest
<br />therein, increase the income therefrom, or protect the security thereof, and, with or
<br />without taking possession of the Property, sue for, or otherwise collect, the rents, issues
<br />and profits thereof, including those past due and unpaid, and apply the same, less costs
<br />and expenses of operation and collection including attorney's fees, upon any
<br />indebtedness secured hereby, all in such order as Lender may determine. The entering
<br />upon and taking possession of the Property, the collection of such rents, issues and profits
<br />and the application thereof as aforesaid, shall not cure or waive any default or pursuant to
<br />such notice of default and, notwithstanding the continuance in possession of the Property
<br />or the collection, receipt and application of rents, issues or profits, and Trustee and
<br />Lender shall be entitled to exercise every right provided for herein or by law upon
<br />occurrence of any Event of Default, including without limitation the right to exercise the
<br />power of sale. Further, Lender's rights and remedies under this paragraph shall be
<br />cumulative with, and in no way a limitation on, Lender's rights and remedies under any
<br />assignment of leases and rents recorded against the Property. Lender, Trustee and the
<br />receiver shall be liable to account only for those rents actually received.
<br />11) Events of Default. The following shall constitute an Event of Default under this Deed of
<br />Trust:
<br />a) Failure to pay any installment of principal or interest or any other sum secured hereby
<br />within thirty (30) days when due;
<br />b) A breach of, or default under, any provision contained in the Note, this Deed of Trust,
<br />any of the 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
<br />Truster which shall become a lien on the Property or any portion or interest therein;
<br />d) There shall be filed by or against Truster or Borrower an action under any present or
<br />future federal, state or other statute, law or regulation relating to bankruptcy,
<br />insolvency or other relief for debtors, or there shall be appointed any trustee, receiver
<br />or liquidator of Truster or Borrower or of all or any part of the Property, rents, issues
<br />or profits thereof, or Truster or Borrower shall make any general assignment for the
<br />benefits of creditors;
<br />e) The sale, transfer, assignment, conveyance or further encumbrance of all or any part
<br />of or any interest in the Property, either voluntarily or involuntarily, without the
<br />express written consent of Lender or as otherwise herein permitted; or
<br />doc8.doc 3 ofb
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