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11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall I0mnn914 1151X Lender with written notice of any
<br />actual or threatened action, suit, or other proceeding effecting the Porosity. Grantor hereby appoints Lender as its attorney.in -fact to
<br />cummdend. intervene in and defend such actions, suits, or other legal Proceedings and to compr.mis. or settle any claim or controversy
<br />pertaining them... Lender shall nol be liable to Grantor for any action, error, mistake, emission or delay pertaining to the actions described in
<br />this paragraph or any damages resulting therefrom. Nothing contained herein will provent Lender from taking the actions dissected 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 obligalrons 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 and legal
<br />expenses), causes of action, actions, suits and other legal proceedings (cumulatively "Claims "I pertaining to the Property including, but not
<br />limited to those involving Hazardous Yel lalsl. Unclear, upon the request of Lender, shall hire lapel counsel to defend Lender from such
<br />Claims, and pay the attorneys' tees, legal expenses and other costs incurred In connection therewith. In the alternative, Lender shale be entitled
<br />to employ its own legal counsel to defend earn Claims at Grantor's cost Granter'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. Grantor shall pay all taxes and assessments relating to Property when due and immediately provide Lender
<br />evidence of payment of same. Upon the request of Lender, Grantor shall deposit with Lender each month one - twelfth T112) of the estimated
<br />correct '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, assessment:, and insurance as required on the Property. In the event of default, Lender shall have the right, at its sale
<br />option, to apply the funds so held to pay any taxes or against the Obligations. Any funds applied may, at Lender's option, be applied in reverse
<br />order of the due data thereof.
<br />14. INSPECTION OF PROPERTY, BOOKS. RECORDS AND REPORTS. Grantor shall allow Lender or its agents to examine and inspect the
<br />Property and examine, inspect and make copies of Grantor's books and record. 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 gen.ino, true, accurate antl complete In all respects. Grantor shall note the existence of Lender's beneficial interest in its books and
<br />records pertaining to the Property. Additionally, Grantor shall report, in a form satisfactory to Lentler, such intentional, as Lender may request
<br />regarding Grantor's financial condition or the Property. The information shall be for such periods, shall reflect Grantor's recortls at such time,
<br />and shall be rendered with such frequency as Lender may designate. All information furnished by Grantor to Lender shall be true, accurate and
<br />complete m all respects, and signed by Grantor if Lender requests.
<br />16. ESTOPPEL CERTIFICATES. Within ten (10) days after any request by Lender, Grantor shall deliver to Lender, or any intended transferee of
<br />Lender's rights with respect to the Obligations, a signed and acknowledged statement specifying let the outstanding balance on the Obligations;
<br />and (b1 whether Grantor possesses any claims, defenses, set -offs or counterclaims with respect to the Obligations and, if so, the nature of such
<br />claims, defenses, set offs or counterclaims. Grantor will be conclusively bound by any representation that Lender may make to the Intended
<br />transferee with respect to these matters in the event that Grantor fails to provide the requested statement to a timely manner.
<br />16. DEFAULT. Grantor shell be In default under this Deed of Trust and the Trustee's power shall become operative In the event trial Grantor,
<br />Borrower or any guarantor of the Obligations:
<br />(a) fails to pay any Obligati.,, to Lender when due;
<br />(b) fails to perform any Obligation or breaches any warranty or covenant to Lender contained In this Dead of Trust or any other
<br />Present ar rate,. agreement;
<br />Iel destroys, lases or tlamages the Property In any metadal respect or subjects the Property to seizure, confiscation, or condemnation,
<br />id) seeks to revoke, terminate or otherwise limit its liability under any guaranty to Lender;
<br />lei dies becomes 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 pentlon under the federal bankruptcy laws, has an Involuntary petition in bankruptcy bled In
<br />which Grantor, Borrower or any guarantor Is named, or has property taken under any writ or process of court;
<br />I(I allows goods to be used, transported or stated on the Property, the possession, transportation, or use of which, is illegal;
<br />IF) allows any party other than Grantor or Borrower to assume or undertake any Obligation without the written consent of Lender; or
<br />In) causes Lender 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. If there is a default under this Deed of Trust, Lender shall be entitled to exercise one or more of the
<br />following remedies without police a demand (except as required by law):
<br />la) to doctors the Obligations immediately due and payable in full;
<br />(bt to collect the outstanding Obligations with or without resorting to judicial process;
<br />(c) 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 />(dl to enter upon and take possession of the Property without applying for or obtaining the appointment of a receiver and, at Lender's
<br />option, to appoint a receiver without bond, without first bungloy suit on the Obligations and without otherwise meeting any statutory
<br />conditions regarding receivers, it being intended that Lentler shall have this contractual right to appoint a receiver;
<br />(e) to employ a managing agent of the Property and let the same, either in Trustee's awn 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 or 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 Obligations;
<br />Ig) 10 .endues this Deed .f Trust judicially or ^onjudicially and to direct the sale of the property through enables of the power of sale as
<br />raterenced In paragraph 20 hereof in acccomanee with applicable law;
<br />Lint to set -off Grantor's ON ...... no against any .malls .wad Grantor by Lender including, but at limited to monies, Instruments, antl
<br />deposit accounts maintained with Lender or any currently existing or furore affiliate of Lender, and
<br />6) to exercise all Aber rights available to Lender under any other written agreement or applicable law
<br />Lender's rights are camuiative and may be exercised together, separately. and in any ortler. 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 aBainse Grantor, Grantor waives the ... ling of any bond which
<br />night otherwise be required. Lender or Lender's designee may purchase the Property at any sale. Proceeds of any Trustee's sale hereunder
<br />shall be applied first to the costs and expanses of exercising the power of sale and of the sale, including the payment of the Trustee's fees
<br />usually ..cared and not to exceed the amount which may be provided far In this Deetl of Trust, second, to payment of the Obligations secured
<br />n ... iy, third to the payment of )union rust deetls, mortgages, or other lia ^holders, and the balance, 11 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 Lender in its sole discretion
<br />may elect, and one or more exercises of the power herein granted shall not extinguish or exhaust the power unless the entire property is sold or
<br />the obligations are Vaid In full.
<br />18. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: If Lender elects to sell Grantor's Interest in the Property by exercise of the
<br />power of sale herein contained, Lender shall notify Trustee in the manner then required by law.
<br />Upon receipt of such ratite of Lender and at the direction of Lender, Trustee shall cause to be recorded, published and delivered such notices of
<br />default antl notices of sale as may than be required by law and by this Dead of Trust Trustee shall, only at the direction of Lender and without
<br />demand on Grantor, after such time as may then be required by law and after recordation of such notice of default and after notice of sale
<br />having been given as required by law, sell the Property at the time and place of sale fixed by it in such notice of sale, either as whole or in
<br />separate lots or parcels or Items as Lender shall doom 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 than be required by law. Trustee shall deliver to
<br />uch purchaser or purchasers thereof Its good and sufficient deed or deeds conveying the property so sold, but without any :ovenant o
<br />warranty, express or implied. The recitals in such dead of any matters or factsshall be conclusive proof of the truthfulness )honor, Any
<br />person, including, wBhoul 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: Grantor 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 act forth herein at the same time and In the some manner required as though a
<br />eparam request thereof had been filed by each such person.
<br />clael11 Ill[ al I /9a riee 3 or
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