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20051212'
<br />Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereitia.fter
<br />"Proceeds ") in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of
<br />condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or
<br />proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. hl
<br />the event any portion of the Property is so taken or damaged, Lender shall have the option, in its sole and absolute
<br />discretion, to apply a-lt such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with
<br />such Proceeds, upon any indebtedness secured hereby and in such order as Lender may determine, or to apply all such
<br />Proceeds, after such deductions, to the restoration of the Property upon such conditions as Lender may determine. Any
<br />application of Proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure
<br />any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor.
<br />Performance of Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<br />commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without .
<br />obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do
<br />any act which Trustor has agreed but. fails to do and may also do any other act it deems necessary to protect the security
<br />hereof. Trustor shall, immediately upon demand there for by Lender, pay to Lender all costs and expenses incurred and
<br />sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon
<br />at the default rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur
<br />any liability because of anything it. may do or omit to do hereunder.
<br />Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances, and regulations
<br />relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws ").
<br />Trustor shall keep the Property fee from all substances deemed to be hazardous or toxic under any Environmental Laws
<br />(collectively referred to herein as "Hazardous Materials "). Trustor hereby warrants and represents to Lender that there are
<br />no Hazardous Materials on or under the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its
<br />directors, officers, employees and agents and any successors to Lender's interest, from and against any and all claims,
<br />damages, losses, and liabilities arising in connection with presence, use, disposal, or transport of any Hazard Materials on,
<br />under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESNTATIONS, AND TRUSTOR'S
<br />OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALLSURVIVE RECONVEYANCE OF THIS
<br />DEED OF TRUST.
<br />10. Assignment. of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and
<br />profits as they become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by
<br />agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the
<br />adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name
<br />of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of
<br />the Property, or any part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or
<br />without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, including those
<br />past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorneys' fees, upon
<br />any indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of
<br />the Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive
<br />any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of
<br />default and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents,
<br />issues or profits, and Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan
<br />Instruments or by law upon occurrence of any Event of Default, including without limitation the right to exercise the power
<br />of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on,
<br />Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and
<br />the receiver shall be liable to account only for those rents actually received.
<br />IL Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment or principal or interest of any other sum secured hereby when due;
<br />(b) A breach of default under any provision contained in the Note, this Deed of Trust, any of the Loan
<br />Instruments, or any other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall
<br />become a lien on the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state, or
<br />other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall
<br />be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part. of the Property,
<br />or the rents, issues or profits thereof, or Trustor or Borrower shall make any general assignment. for the
<br />benefit of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest
<br />in the Property, either voluntarily or involuntarily, without the express written consent of Lender; provided
<br />that Trustor shall be permitted to execute a lease of the Property that does not contain an option to purchase
<br />and the term of which does not exceed one year;
<br />(f) Abandonment of the Property; or
<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance, or encumbrance of more
<br />than a total of percent of (if a corporation) its issued and outstanding stock or (if a
<br />partnership) a total of percent of partnership interests during the period this Deed of Trust remains
<br />a lien on the Property.
<br />12. Remedies: Acceleration Upon Default. In the event of any Event of Default, Lender may without notice except as required
<br />by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, protest, or notice of any kind. Thereafter Lender may:
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