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200201835
<br />uiL other proceeding strand, the Property. Grantor, hereby appoints Leader s its attorney in -fact to
<br />11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Greater shall Immediately provide Lender with written notice n any
<br />actual or threatened act s or o
<br />commence, intervene in, and tlefend such actions, suits, or other legal Pecmistake, on iss on or delay pertaining rto any thecaotions described n
<br />pertaining thereto. Lender shall not be liable to Grantor for any action,
<br />this paragraph or any damages resulting therefrom. Nothing contained herein will prevent Lender from taking the actions described in this
<br />paragraph in Its own name.
<br />12. INDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of Grantor's obligations with respect to the
<br />ens and agents harmless from all laime, damages, liabilities (including attorneys' fees antl loyal
<br />Property under any rircumslances. Grantor hall Immediately provide Lender with written n tine of d indemnify and hold Lender but at
<br />shareholders, directors, officers, employees
<br />expenses), causes of action, actions, suits and other legal iron lhetfequesmulf tlendeq shall hirer legalncoun el to rdefend lLeadernfrom such
<br />limited to, those involving Hazardous Materials). Grantor, p
<br />Claims, and pay the attorneys' fells, legal expenses and other costs incurred in connection Thomas . In the alternative, Lender shall r entitled
<br />t employ its awn legal counsel m tlefend such Claims at Grantor's cast. Grantor's obligation to indemnify Lender under this paragraph shall
<br />survive the termination, release or foreclosure of this Deed of Trust.
<br />13. TAXES AND ASSESSMENTS .o Grantor shall pay all taxes and assessments relating to Property when due and immediately provide Lentler
<br />ryi
<br />annual insurance premium, taxes and assessments pertaining to the Property, so long as there is no default, these amotmts shall be applied to
<br />evidence of payment of same. U the request of Lender, Grantor shall deposit with Lender each month t, then elfth u /121 of the at its stole
<br />the pay Lender shall have the right,
<br />at Lender's option, be applied In reverse
<br />meant of taxes, assessments and insurance as requlretl on the Property. In the event of default,
<br />option, to apply the funds as held to pay any taxes or against the Obligations. Any funds applied may,
<br />rider of the due data theretl.
<br />14. INSPECTION OF PROPERTY, BOOKS, RECORDS AND REPORTS. Grantor shall allow Lender or Its agents to examine and inspect tall
<br />Property and examine, inspect and make copies of Grantor's books and records par Wining to the Property from time to lima. Grantor shit
<br />provide any assistance required at end Lender far complete in all ng, purposes. Gralntortlshall aral contained in
<br />books and
<br />in its booksoarid
<br />shell be genuine, true, aecu
<br />records pertaining to the Property AddtlonallY, Grantor shall report, in a Corm satisfactory to Lender , such information as Lender may reties
<br />i
<br />regarding Grantnr's financial condition or the Prop far. The information shall be for such periods, shall reflect Grantor's records at such lime,
<br />and shall be rendered with such frequency
<br />Grantor Lender m desiignnate. All information furnishetl by Grantor to Lender shall be [rue, accurate and
<br />cnmplete in all respects, and signed v
<br />15. ESTOPPEL CERTIFICATES. Within ten 1101 days ned and acknowledgetlLstatemn[aspec
<br />hying (a) theloutst ndingrhereviceeond the Obligations;
<br />Lender's rights with respect to the Obligations, a g f so, the nature of such
<br />and (b) whether Grantor prsgnenis any claims, defenses, atraffs l counterclaims with representation the that end and,
<br />transferee fens ., set offs
<br />theso matters i melba event rthsa Grantor tale m provltle the requested statemoan[ho aLtimnly manner. ke m the intended
<br />16. DEFAULT. Grantor shall be in default under this Dead of Trust and the Trustee's power shall become operetive in the event that Grantor.
<br />Borrower or any guarantor of the Obligations:
<br />lal fails to pay any Obligation m Lender when due;
<br />Ibl tails to perform any Obligation er breaches any warranty or covenant to Lender contained in this Dead of Trost m any Other
<br />present or future agreement;
<br />I I destroys, lases or damages the Property in any material respect or subjects the Property to seizure, confiscation, or condemnation;
<br />Id) seeks tr revoke. [erminate or otherwise limit its liability under anbecomee insolvent, en assignment for the benefit of cretli[ors,
<br />(a) des. becomes legally inrempetent. is dissolved or terminated, Yit
<br />n in bankruptcy filed in
<br />fails to pay debts as they become tlor, files a petition untler the fetlerel bankruptcy laws, h G process involuntary pe ill
<br />which Grantor, Carlo or or enY 9uarentrr is named, or has property taken under orvttansPortation6 orris. of which, is illegal;
<br />111 allows goods to be usetl, transpnrtetl or storetl on the Property= the possession, if Lender, In good faith, for any
<br />Igl allows any party other than Grantor or Borrower to assume or undertake any Obligation without [he written consent of Lender; or
<br />Ihl causes Lender tO deem itself is Peciit due to a significant decline in the value of the Property; or
<br />reason, hlieves that the pmnert of ant or performance is Impaired.
<br />17. RIGHTS OF LENDER ON DEFAULT. If there is a default under this Deed of Trust, Lentler shall be entitled to exercise one or more of the
<br />fallowing remedies without notice or demand (except as required by law):
<br />laI to declare the Obligations Immediately due and payable In full;
<br />(bl to collect the outstanding Obligations with or without resorting to lutlicial process;
<br />I, to require Grantor to deliver and make available to Lender any personal property or Chattels constituting the Property at a place
<br />reasonably convenient to Grantor and Lorder; I n for or obtaining the appointment of a receiver arid, at Lentler',
<br />Idl to enter upon and take possession of the Property without app in g
<br />option, to appoint a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory
<br />conditions regarding receivers, it being intended that Lender shell have this contractual right to appoint a receiver; 1, the rams Of
<br />(a) to employ a managing agent r,f roes Pieues and profits of the Pr party aneuapply the same, after payment offall necessrary charges and own name, in the name Grantor, and reccem r of the Obligations:
<br />expenses, ran
<br />If) to pay any sums in any form nr manner dammed expedient by Lender to protect the security of This Deed of Trutt or to cure any default
<br />other than payment of Interest or principal on the Obligations;
<br />(a) to foreclose this Deed of Trust judicially or nonjudicially and to direct the sale of the property through exorcise of the power of sale as
<br />mferanced In Paragraph 20 hereof in arccordance with applicable law; at
<br />(h) to set offu is mainta Obligations against any currently existing rant., bya Land ta of Lentler; and
<br />�o[ Ilmitetl to, monies, Instruments, and
<br />past
<br />1'q to exercise all other rights available to Lender under any other written agreement er aIn then c nt t
<br />Lentler', rights are cumulative and may be exercised together, sepeetelV, and in any order. In the event that Lender institutes en action seeking remedy in an
<br />,he n cotherwOf be requir dip Lentler oraLentlersr des retetmay purchase tire rProperty at Grantor,
<br />rate. Pmrceedseoft any Tmstee�srsale M1ereunder
<br />wall ba appliatl first, to the costs and expersas of exercising the power of sale and of the sale, nond, ito he Pat of the Obligations secured
<br />actually incurred and not to exceed the amount which may be provided fr in
<br />nthis Dead antl Trusbalanra,dif any, to the person m persons legally the
<br />hereby,
<br />Third. to the payment ant junior trust deeds, mortgages, or other
<br />entitled thereto. The property or any part thereof may h sue in one parcel, orin such parcels, the Peaalo' ounle s Leader in propser yi screfior
<br />may elect, and one or woe exercises of the power herein granted shall not extinguish or exhaust the mess the entire property is said or
<br />the obligations are paid In fall. sell
<br />18. TRUSTEE'S EXERCISE OF POWER OF SALE
<br />notify ON DEFAULT :mannarthenlinal s to required! by law. Carter's interest in the Property by exercise of the
<br />power of sale heroin contained,
<br />Upon receipt of such notice of Lender and at the dirertion of Lender, Trustee shall cause to be recorded, published and delivered eLender such notices of
<br />default and notices of after such may then
<br />may than be required by low anddafterr ecrNaunia of such notice the f it-Tslt and aft s a of sets are as
<br />demand on Grantor, a n' in
<br />semngte lots given
<br />or parcels or items it ms asrLei delrlashallPdeemlexpetl expedient, endow such order Or. s if by it in cash
<br />at pablicoauctinn m theahighest bltlrtler
<br />- pera bie at She lime of sale, or as otherwise may than be required by law. Trustee shall deliver to
<br />far cash in lawful from, of the United States pose
<br />such uurchaser or purchasers thereof Its good and sufficient dead or deeds conveying the property so sold, but without any coven, nr Any
<br />antY, express en implied. The recitals n suun deed of any matters purchase at cheseleirl Trust proof may tti etrmannerre psovlided by law or
<br />person, including, without limitation, Grantor, Trustee or Lender, may p such man
<br />postpone sale of all or any portion of the Property.
<br />at 0 early of any notice Of coca REQUEST FOR a party M Grantor
<br />attthe equests th Our, h person set W r[h here tlrat the same time and any n the tiseme manner rrequired bas thoughts of
<br />separate request the eof had been filed by each such parson.
<br />Peg¢ 3 nl a
<br />n,,alr rout nev. I"a
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