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200206869
<br />11. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Gamier shall immediately provide Lender with written notice of any
<br />actual o threatened action, s other proceeding attempt the Property. Grantor hereby appoints Lender a attorney in fact t
<br />f, o a
<br />act and defend liable softens, Grantor suits, or other legal nee, proceedings
<br />ke and si compromise or aide any dffim or controversy
<br />intervene In
<br />this paragraph or Lender mall not be liable ra eerm N Igo any a e rise n will p e ss on erdelay pertaining to the
<br />ns des ribed described in
<br />this paragraph o any damages resulting tnerafrom. Nothing contained herein will prevent �L,ntler from taking the actions described In this
<br />paragraph In its own name.
<br />12. INDEMNIFICATION. Lentler Shall not assume or be responsible for the performance of any of Grantors obligations with respect 10 the
<br />Pmperry under Any circumstances. Grantor shall immediately provide Lender with wria 11
<br />en notice of and indemnify and hold Lender and Its shareholder , directors, reffrsers, employees and agents harmless from all claims, damages, liabilities (including alouneysr fees and legal
<br />expenses), c of cargo, a suits and other legal pm nee dings ample etively "Claims ") patterning to the Property (including, but not
<br />limited to, those involving Hazardous Materials). Grantor, upon the request at Lender, shall hire legal counsel to defend Lender from such
<br />Claims, and pay the error neye fees, legal expenses and other costs incurred In connection themwiUt In the alternative,, Lender shall be entitled
<br />to employ it n legal counsel to defend such Claims at Grantor's nc,st Grantor's obligation to Indemnify Lender under this paragraph shall
<br />outlays, me termination, release or foreclosure of this Deed of Trust.
<br />13. TAXES AND ASSESSMENTS. Grantor shall pay all taxer and assessments mlarrop to Property when due and Im ndi iatcly provide Lender
<br />evidence of payment of same. Upon the request of Lender, Grantor shall deposit with Lender each month one -teelfth 11112) of the estimated
<br />annual e Premium, to and assessments pertaining to the property. So long as there Is no default, these amounts shall be applied to
<br />the payment of texas, assessments antlsln required on the Property. In the event of tlefault Lender shell have the right, at its sale
<br />opi m 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 tlue data thereof.
<br />19. INSPECTION OF PROPERTY, BOOKS, RECORDS AND REPORTS. Grantor shall allow Lender or its agents to a x am ne and inspeal the
<br />Property and examine, and make acres of Grantors coulee and records pertaining to the Property from time to time. Grantor shell
<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 ell respects. Grantor shall n e the existence of Lender's beneficial interest In its books and
<br />records pertainmg to the Pepsi Additionally. Grantor shall report, in a form satisfactory to Lender, such information es Lender may request
<br />Pate ing Grantor's financial condition or the Property. The Information shall be for such periods, shall reflect Grantor's records at such door
<br />and stall be rendered with such frequency as Lender may designate. All information furnished by Grantor to Lender shall be true, accurate and
<br />complete in all respects, and signed by Grantor if Lander requests.
<br />15. ESTOPPEL CERTIFICATES. Within ten 1101 rlaya attar any request by Lender, Grantor shall deliver to Lender, or any intended transfer,, of
<br />Lender's rights with respect to the ObIrgatlons.a signed and acknowledged statement specifying (a) the Outstanding balance on the Obligations;
<br />and of whether Grantor possesses any claims, defenses, set offs or oounterolalms with respect to the Obligations and, If so, the nature of such
<br />s, date..... tie Lots or counterclaims. Grantor will be conclusively brand by any representation That Lender may make to the intended
<br />claims, wlm reapoctm thes matters in the event inaugurator fags to provide the requested statement in atirmly manner_
<br />16. DEFAULT. Grantor shall be In default under this Deed of Trust and the Trustee's power shall become operative In the event that Grantor,
<br />fior any guarantor of the Obligations: r lei rf9il5 to pay any obligation to Lender when due;
<br />OF fails to perform any Obig paym or breaches any warranty or covenant to Lender runtamed in this Deed of Trust or any other
<br />pre.cem ar future agreement;
<br />Ice earned", loses of damages the Property In any Malarial respect o r su bj ncis the Property to appear confiscation, or condemnation;
<br />of seeks W revoke, terminate or otherwise limit its liability under any guaranty to Lendere
<br />PI day becomes legally incompetent, Is dissolved or erm nated, becomes insolvent, makes an asungnmew: for the bored Of creditors,
<br />fotls to pay debts as they become due, tiles a pardon under the federal bankruptcy laws, has a" voluntary petition In bankruptcy filed in
<br />which Grantor, Borrower or y guarantor is named, or has property taken under any went or process of court
<br />n avows goods pa to be user n transported r ntor our stored on t me Property, the take any n, transportation,
<br />at ion stout or ua itt n con is illegal, Le
<br />Igl clause any deny other than Grantor or Borrower fn assume or Undertake any ague of Props the written consent of Lender, or
<br />reason, causes Lender o deem cent f practice due performance a rma iceis decline in the value of the Property; or 11 Lender, In good faith, for any
<br />belleves that the Prospect of payment or performance ix impaired.
<br />17. RIGHTS OF LENDER ON DEFAULT. It there is a default under this Deed of Trust, Lender shell be entitled to crercise one or more of the
<br />following remedies Samurai notice or demand (except as required by Iaw):
<br />la) m declare the Obligations immediately due and payable, In full;
<br />b) to reverse the outstanding Obligations with of whhnut resorting to judicial process:
<br />Ic) to require Grantor to deliver and make available to Lender any personal property or chattels constituting the Property at a place
<br />raasmrxaflhly convenient LO Grantor and Lender,
<br />red to enter upon and lake possession of the Property without applying g fm o obtaining the appointment of a receiver antl, at Lender's
<br />option, to appoint a "Those bond, without first bringing run n the Obligations and without otherwise meeting any statutory
<br />ondltems regarding receivers, it being intended that Lender shall nave this contractual right to appoint a receiver,
<br />lei to employ a managing agent of the Property and let the same, either In Trustee's ow . In the name of Lender o n the name of
<br />Grantor, and receive Life rents, incomes....... and profits of the Property and apply the came, after payment of all necessary charges and
<br />expenses, on account of the Obligations;
<br />(f) to pay any s any form o manner deemed expedient by Lender to protect the Security of this Deed of Trust or to cure ally default
<br />n
<br />oiler man payment of Deed of or Trust judidal On ih¢ Gbagetions;
<br />hit m ced foreclose
<br />pa aga Daed of Bery ally ante with apple and to direct the Salo of the property though exercise of the power of sale as
<br />re lerenoed In paragraph 20 hereof nIn against any with applicable law;
<br />Ill os sat eft accounts mint Obligations against any ur only owed or tut by Lender if Len a r; but not limited [o. monies, anstmmems, and
<br />deposit a air runts wbM1 Lender order currently existing written agreement affiliate of Lender; antl
<br />II) m exercise cumulative l an available ex Lender toget ere other written in any order applicable law
<br />events
<br />Li,n recd drys are f the ro and may be exceeded Legman romod separately, and In any order. Grantor, (n event r wa Lentlar ipostinggs an aY tbond which
<br />very ise be oHM1e Property er we, f ti's i le y In ae action against t y s le Pr ...do o the f an bond which
<br />mull a tip wise be required Lender or Lender's Of may purchase the le and ft any sale. Proceeds of any Trustee's
<br />the S¢19 tereu fees
<br />snail b¢ applied first to the exceed and amo na ra of ex arcs ing the provided for of tale and of the sale, coed, to the payment e. tbli atio Trustee's
<br />ens se fees
<br />actually incurred antl not to nt of junior ibe amount which may rg y or othear In thin Oy aof Trust s nee, i to payment of the orsoaki scaumy
<br />M1ereby. there, . the payment of nyp trust roof deeds m mortgages, or other el, IF tin such and the balance, if any, to the person or person legally
<br />may ctrand. The property o any part thereof may be sore y e panel, o uch pex alu, the. outlets Lender A Tin its sole dissold or
<br />may elect, and one paid more exercises of the power herein granted obeli not extinguish or exhaust the power unless the entire property is sold or
<br />this obligations are paitl In lull %a
<br />18. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: It Lender elects to sell Grantors interest In the Property M1y 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 nets, of Lender and at the cheapen of Lender, Trustee stele cause to be recorded, published and delivered such noLioea of
<br />default and relines of sale as may than be required bylaw and by Had Deed of bast. TrusIDO 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 pecinnalear of such nonce of default and after nonce of sale
<br />separate been given ee s required by Idsnder the Deputy a at me time and piano ale fixed a by h In such pike at sale, either as whale rain
<br />for cash Iola or parcels of the United Lender shop deem expetliem, and in such s others It may determine bar at public law T to the highest
<br />de bidder
<br />for cash (chaser lawful money purchases thereof Stales payable at thy, time d e sot deeds otherwise may men rt required bylaw. Trustee shall deliver m
<br />such warranty, express m Vuimpliers thereof its ginand sufficient tleetl e y off conveying IDs property so proof but ruiNOUt any covenant or Any
<br />anti. a mullah atu m Ia Ln in such tleetl of any m r tarts shall be r ncl Trust a may el the truthfulness ner provided y law
<br />person resale o a without proton of Grantor, Truetae or Lender, may purchase at ncn sale_ Trustee may in the manner providetl by law
<br />pu.tpgne sale of all or any portion cl LM1e Pio perry.
<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 traded to
<br />ash person who Is a party herein at the address of such person set forth herein at rho same time and 'o List same manner caused tie though a
<br />separate mrluax thereof had been filed by each such person.
<br />NEDUIC Pit An, "US may 3 of 6
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