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200510470 4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require, in an amount of not less than the total indebtedness owed by Borrower, at any time, and secured by the Property, with companies acceptable to Heritage Bank and with Lender named as an additional insured. 5. Maintenance. Repairs and Compliance with Laws. Borrower shall keep and maintain the Property in reasonably good condition and repair; shall not commit or permit any waste or deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property, without Lender's consent. '.. 6. Eminent Domain. To the extent of its interest in the Property as compared to the interest of the first lienor identified in Paragraph 2, Lender is hereby assigned such share of any compensation, awards, damages and other payments or relief (hereinafter "Proceeds") arising out of the condemnation or other taking of the Property or part thereof, or for conveyances in lieu of condemnation. Lender shall be entitled, at Lender's option, to commence, appear in and prosecute in its own name any action or proceedings. '" 7. Performance bv Lender. In the event of Borrower's failure to perform any of the covenants herein or make any payments required hereby, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in Lender's own discretion, but without obligation to do so, and without notice to or demand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but fails to do and may also do any other act Lender deems necessary to protect the security hereof. Borrower shall, immediately upon demand therefore by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any personal liability because of anything it may do or omit to do hereunder. 8. Events of Default. The following shall constitute an event of default under this Deed of Trust: a) Failure to pay any installment of principal or interest or any other sum secured hereby within ten (10) days of the date the same is due. b) A breach of or default under any provision contained in the Note, this Deed of Trust, any document which secures the Note. c) A writ of execution or attachment or any similar process shall be entered against Borrower which shall become a lien on the Property or any portion thereof or interest therein. d) There shall be filed by or against Borrower an action under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee, receiver or liquidator of Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Borrower shall make any general assignment for the benefit of creditors. e) The sale, transfer, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily or involuntarily, without the express written consent of Lender. 9. Remedies: Acceleration Upon Default. In the event of any Event of Default, Lender may declare all indebtedness secured hereby to be immediately due and 2