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20020641
<br />11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall Immediately provide Lender with written notice of any
<br />actual or threatened action, suit, or other proceeding affecting the Properly. Grantor hereby appoints Lender as its attorney in -fact to
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<br />manse, intervene in and defend rush actions, suits, or error legal proceedings and to compromise or settle any claim or controversy
<br />pertaining thereto. Lender shall not be liable re Grantor for any notion, error, mistake, vent Le or delay pertaining to the actions described described In
<br />this paragraph or any damages resulting therefrom. Nothing contained herein will prevent Lender from taking the actions tlescribed In this
<br />paragraph in Its own name.
<br />12. INDEMNIFICATION. Lender shall not a s um r be responsible for the pertormanco of any of Grantor's obligations with respect to the
<br />Property under any circumstances. Grantor shall e Immediately provide Lender with written bodies of and indemnity and hold Lender and Its
<br />shareholders, directors, officers, employees and agents harmless frvm all claims, damages, liabilities IlnaluWny attorneys' fees and legal
<br />expenses), causes of action, actions, suits and other legal proceedings (cumuladivey "Claims") pertaining to Lou Property (including, but not
<br />limited to, those involving Preardbus Meterulsl. Granter, upon the request of Lender, shall hire legal counsel to defend Lander from such
<br />Claims, and pay the attorneys' fees, legal expenses and other oasts Incurred in connection therewith. In the alternative, Lender shall be entitled
<br />to employ its own legal counsel to defend such Claims at Grantors cost. 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. Grantor shall pay all taxes and assessments relating to Property when due and Irnmcdetri provide Lender
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<br />video of payment of same. Loco the request of Lender, Grantor shell deposit with Lender each month one -twelfth (1/12) of the estimated
<br />acromial payment premlurs taxes and assessments pertaining to me a Property,
<br />overt So Tong as there is fa default, these umouets shall be applied its s le
<br />the payment of taxes, a menu and Insurance as required on the Property. In the event of default Lender shall have the right, at its sole
<br />option, to apply the funds so had to pay any [axes or against the Obligations. Any funds applied may, at Lender's opting he applied in reverse
<br />order of the duo date thereof.
<br />14. INSPECTION OF PROPERTY. ROOKS, RECORDS AND REPORTS. Grantor shall allow Lender or its agents to examine and Inspect file
<br />Property 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 ', beneficial l nterest in Ifs books and
<br />records pertaining to the Property Additionally, Grantor shall report, in a form satisfactory to Lender, 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 by rendered with such frequency as Lander may designate. All information furnished by Grantor to I antler shall be true, accurate and
<br />complete In all respects, and signed by Grantor it 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 />I andar's rights with respect to the Obligations, a signed and acknowledged statement specifying Is) the outstanding balance on the Obligations;
<br />and Ih) whether Grantor possesses any claims, defenses, set -offs or counterclaims with respect to the Obligations and, If so, tie nature of such
<br />claims, defenses, set she or unterclaims. 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 falls to provide the requested statement In a timely manner.
<br />16. DEFAULT. Granter shall be in default under this Deed of Trust and the Tustee'a power shall become operative in the event that Grantor,
<br />Borrower or any guarantor of the Obligations:
<br />(a) falls to pay any Obligation to Lender when due;
<br />(b) falls to perform any Obligation or breaches any warranty or covenant to lender contained In this Deed of Trust or any other
<br />present or future agreement;
<br />(c) dasboys, loses or damages the Property in any material respect or subjects the Property to seizure, confiscation, or condemnation;
<br />Idf seeks to revoke, terminate or otherwise limit its liability under any guaranty to Lender;
<br />le) dies, becomes legally Incompetent, Is dissolved or terminated, becomes insolvent, makes an assignment for the benefit of creditors .
<br />falls to pay debts as they became due, files a petition under the federal bankruptcy laws, has an voluntary petition in bankruptcy ]tied in
<br />which Grantor, Borrower or any yceramist is named, or has property taken under any writ or process of court;
<br />di allows goods to be used transported or stored on the Property, the possession, transportation, or use of which, is Illegal;
<br />(g) allows any party other than Grantor or Borrower to assume or undertake any Obligation without the written consent of Lender, or
<br />(h) causes Lender to deem Itself insecure due to a slgmficunt teethe In the value of the Property; or It Lender, a good ialth, far any
<br />reason, believes that the prospect of payment or performance is Pressured.
<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 welfare notice or demand (except as required by law):
<br />(s) to declare the Obligations Immediately due and pe,i fe In full;
<br />M1I in collect the outstanding Obligations with or without resorting to judicial procossl
<br />It.) to require Grantor to deliver and make available to Lender any personal property or Chattels constituting the Property at a place
<br />reasonably converenl to Grantor and Lender;
<br />(d) 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 appoim a ver without bond wnle,ut first bringing suit on the Obligations and without otherwise meeting any statutory
<br />conditions regarding receivers, it being Intended that Lender shall have this contractual right to appalrt a manner,
<br />(cf to empfay 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, a e
<br />ues and profits of the Property and apply the same, after payment of all necessary charges and
<br />expenses, on account of the Obligations,
<br />If) to pay any sums in any furor or manner deemed expedient by Lender to protect the security of this Deed of Trust or to cure any default
<br />other than payment al Interest or pri tr,Ipal on the Obligations:
<br />Igf to loreclese this Deed of Trust judicially or nonjudlclally and to direct the sale of the property through exercise of the power of safe as
<br />referenced m paragraph 20 hereof In acccordance with applicable law;
<br />PJ to out oft Grantor's Obligations against any amounts awed Grantor by Lender including, but not limited to, marries, Instruments, and
<br />deposit accounts maintained with Lender or any currently existing or future affiliate of Lender: and
<br />lif 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 evercosad together, separately, and in any order. In the event that Lender Institutes an action seeking
<br />the recovery at any of the Property by way of a prejudgment remedy in an action against Grantor, Grantor waives the posting of any band which
<br />might otherwise be required- I radar or Lender's designee may purchase the Property at any sale. Proceeds of any Trustee's sale hereunder
<br />shall be aperiod first, to the roes and expenses of exercising the power of sale and of the sale, including the payment of the Trustee's fees
<br />actually Incurred and bet to exceed the amount which may be provided for in this Dead of Trust, second, to payment of the nucleations cebumd
<br />hereby, thbd, to the payment of junior trust dead,, mortgages, or other lienholders, and the balance, It any, to the person or persons legally
<br />entitled thereto. The property or any part thereof may be sold In n a parcel, or in such parcels, ma or order as Lender in Its sole discretion
<br />may slacat and one paid 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 paitl In full.
<br />16. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: If Lender elects to suit Grantor's interest in the Property by exercise of the
<br />power of sole heroin contained, I ender shall notify Trustee In the manner then required by law.
<br />Uper, receipt of such notice of Lender and at the direction of Lender, Trustee shall cause to he recorded, published and delivered such codices of
<br />default and notices of sale as may then be required by law and by this Deed of Trust. Trustee shall, only at the director of Lender and withnut
<br />demand on Grantor, after such time as may then be required by law and after recordation of such notice of default and after native 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 deem expedient, and In such order as it may determine, at public auction to the highest bidder
<br />for cash in lawful cr ncy of the united States payable at the time of safe, or s otherwise may then be required by law. Trustee shall deliver to
<br />such purchaser or purchasers thereof its good and suttearit deed or deeds conveying the property so sold, but without any covericut or
<br />anty, express or implied. The recitals in such deed of Orly matters or facts .shall he conclusive proof of the truthfulness thereof Any
<br />person, offiUding, without limitation, Grantor, Trustee or Lender, may purchase at such safe. 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 safe hereunder be mailed to
<br />each parsec who Is a party hereto at the address of such person set Forth herein at the same time and In the came manner required as though a
<br />separate request thereof had been filed by each such person.
<br />NFJOTe Irrs aev. 1 as Pxae a of e
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