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11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall Oi name lately provide Londer with written notice of any
<br />actual or Threatened action, suit, or other proceeding affecting the Property. Grantor hereby appoints Lander as its attorney intact to
<br />commence, intervene in, and defend such actions, suits, or other legal proceedings and to compromise or settle any claim or controversy
<br />pertaining thereto. Lender shall not be liable to Grantor for any action, error, mistake, omission or delay pertaining 10 the actions described In
<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 />Property under any circumstances. Grantor shall immediately provide Lender with written notice of and indemnify and hold Lender and its
<br />shareholders, directors, officers, employees and agents harmless from all claims, damages, liabilities (including attorneys' fees antl legal
<br />expensed, causes of action, actions, suits and other legal proceedings (cumulatively 'Claims') pertaining to the Property (including, but not
<br />limited to, those involving Hazardous Materials). Grantor, upon the request of Lender, shall hire legal counsel to defend Lender from such
<br />Claims, and pay the attorneys' fees, legal expenses and other costs incurred in connection therewith. In the alternative, Lender shall be entitled
<br />to employ Its own legal counsel to defend such Claims at Grantor's cast. Grantor's obligation to indemnify Lander under this paragraph shall
<br />survive the termination, release or foreclosure of this Dead of Trust.
<br />13. TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessments relating TO Property wbon due and immediately provide Lender
<br />evidence of payment of same. Wen the request of Lender, Grantor shall deposit with Lender each month one- twelfth (Ill 2) of the estimated
<br />annual insurance premium, taxes and assessments pertaining to the Property. So long as there is no default, these amounts Shall be applied to
<br />the payment of taxes, assessments and Ineumnco as required on the Property. In the event of default, Lender shall have the right, at its solo
<br />upe.n, to appy the funds s0 had to pay any taxes or against the Obligations. Any funds applied may, at Lender's option, be applied in ravers.
<br />order of In. due date thereat.
<br />14. INSPECTION OF PROPERTY, BOOKS. RECORDS AND REPORTS. Grantor shall allow Lander or its agents to examine and inspect the
<br />Properly and examine, inspect and make copies of Grantor's books and records pertaining to the Property from time to time Grantor shall
<br />provide any assistance required by Lender for these purposes. All of the signatures and information contained in Grantor's books and records
<br />shall be genuine, true, accurate and complete in all respects. Grantor shall note the existence of Lender's beneficial interest in its books and
<br />.cords pertaining to the Property, Additionally, Grantor shall report, in a form sansfactury to Lander, such information as Lender may request
<br />regarding Grantor's financial condition or the Property. The information shall be for such periods, shall reflect Grantor's records at such time,
<br />and shall be rendered with such frequency as Lender may designate. Ail information furnished by Grantor to Lender shall be true, accurate and
<br />complete in all respects, and signed by Grantor if Lender requests.
<br />15. ESTOPPEL CERTIFICATES. Within ten (10) days after any request by Lander, Grantor shall deliver to Lander, or any Intended transfer.. of
<br />Lender's rights with respect to the Obligations, a signed and acknowledged statement specifying (a) the outstanding balance oa the Obligations;
<br />and (b) whether Grantor possesses any claims, defenses, set offs or counterclaims with respect to the Obligations and, If so, the nature of such
<br />claims, tlefenses, set offs or counterclaims. Grantor will be conclusively bound by any representation that Lander may make to the intended
<br />transferee with respect to these matters in the event that Grantor fails to provide the requested statement in a timely manner.
<br />16. DEFAULT. Grantor shall be In default under this Dead of Trust and the Trustee's power shall become operative in the event that Grantor,
<br />Borrower or any guarantor of the Obligations:
<br />(a) fails W pay any Obligation t0 Lender when due;
<br />IN fails to perform any Obligation or breaches any warranty or covenant to Lender contained in this Deed of Trust or any ether
<br />present or future agreement;
<br />(c) destroys, loses or damages the Property in any material respect or subjects the Property to seizure, confiscation, or condemnation;
<br />(of seeks to revoke, terminate or otherwise limit its liability under any guaranty to Lender;
<br />(.) dies, madames legally incompetent, is dissolved or terminated, becomes insolvent, makes an assignment for the benefit of creditors,
<br />fails to pay debts as they become due, files a petition under the federal bankruptcy laws, has an involuntary petition in bankruptcy filed in
<br />which Grantor, Borrower or any guarantor is named, or has property taken under any writ or process of court;
<br />If) allows goods to be used, transported or stored on the Property, the possession, transportation, or use of which, is illegal;
<br />Ig) allows any parry other than Grantor or Borrower to assume or undertake any Obligation without the written consent of Lender; or
<br />(h) causes Lander to deem itself insecure due to a significant decline in the value of the Property; or if Lender, In good faith, for any
<br />reason believes' that the prospect of payment or performance is impaired.
<br />17. RIGHTS OF LENDER ON DEFAULT. It there is s default under this Dead of Trust, Lender shall be entitled to exercise one or more of the
<br />following remedies without notice or demand (except as required by )awl:
<br />(a) to declare the Obligations immediately due and payable in full;
<br />Ibl to collect the outstanding Obligations with or without resorting to judicial process;
<br />(a) 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 Lender;
<br />am to enter upon and take possession of the Properly without applying for or obtaining the appointment of a receiver and, at Lender's
<br />option, to appoint a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory
<br />cendiaons regarding receivers, it being Intended that Lender shall have this contractual right to appoint a receiver;
<br />Ie) to employ a managing agent of the Property and let the same, either in Trustee's own name, in the name of Lender or in the name of
<br />Grantor, and receive the rents, incomes, issues and profits of the Property and apply the same, after payment of all necessary charges and
<br />expenses, on account of the Obligations:
<br />(f) to pay any sums in any form ur manner deemed expedient by Lender to protect the security of this Deed of Trust or to cure any default
<br />other than payment of interest or principal on the Obligation,
<br />Ig) to foreclose this Deed of Trust judicially or noMedicially and to direct the sale of the property through exercise of the power of sale as
<br />referenced In paragraph 20 hereof in acccordance with applicable law;
<br />ICI to sa, off Grantor's Obligations against any amounts owed Granter by Lander Including, but net limned to, monies, Instremams, and
<br />tleposn aoco Mte maintained With Lander or any Currently existing or future affiliate of Lender: and
<br />(i) to exercise all other rights available to Lender under any other written agreement or applicable law.
<br />Lender's rights are cumulative and may be exercised together, separately, and in any order. In the event that Lender institutes an action seeking
<br />the recovery of any of the Property by way of a prejudgment remedy In an action against Grantor, Grantor waives the posting of any bond which
<br />might otherwise be required. Longer or Lender's designee may purchase the Property at any sale. Proceeds of any Trustee's sale hereunder
<br />shall be applied first, 1. the costs and expanses of exercising the power of sale and of the sale, Including the payment of the Trustee's fees
<br />actually incurred and not to exceed the amount which may be provided for in this Deed of Trust, second, to payment of the Obligations secured
<br />hereby, third, to the payment of junior trust deeds, mortgages, or other Ilenholders, and the balance, if any, to the person or persons legally
<br />entitled thereto. The property or any part thereof may be sold in one parcel, or in such parcels, manner or order as Lander in its sole discretion
<br />may elect, and one or more exercises of the power herein granted shall nor extinguish or exhaust the power unless the entire property is sold or
<br />the obligations are paid In full.
<br />18. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: If Lander elects to sell Grantors interest in the Property by exercise of the
<br />power of sale harem contained, Lender shall notify Trustee In the manner than required by law.
<br />Upon receipt of such notice of Lender and at the direction of Lander, Trustee shall cause to be r ... road, published and delivered such notices of
<br />default and notices of sole as may then be required by law and by this Deed of Trust. Trustee shall, only at the direction of Lander and without
<br />demand on Grantor, utter such time as may then be required by law antl after recordation of Such notice of default and after notice of sale
<br />having caul given as required by law, sell the Prup.rty at the time and place of vale fixed by it in such notice of sale, either as whole or in
<br />separate lots or parcels or items as Lender shall deem expedient, and in such order as it may determine, at public auction to the highest bidder
<br />for cash in lawful money of the United States payable at the time of sale, or as otherwise may then he required by law. Trustee shall deliver to
<br />such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or
<br />warranty, express or implied The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, Including, without limitation, Grantor, Trustee or Lender, may purchase at such sale. Trustee may in the manner provided by law
<br />postpone sale of all or any portion of the Property.
<br />19. REQUEST FOR NOTICES: Granter requests that a copy of any notice of default and a copy of any notice of sale hereunder be mailed to
<br />each person who is a party hereto at the address of such person set With herein at the same time and in the same manner required as though a
<br />separate request thereof had been filed by each such person.
<br />NEpOTC f.rl eau 1198 1, a .1 S
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