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<br />200603018
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<br />represents to Lender that there are no Hazardous Materials on or under the Property. Trustor
<br />hereby agrees to indemnify and hold harmless Lender, its directors, otlicers, employees and
<br />agents, and any successors to Lender's interest, from and against any and all claims, damages,
<br />losses and liabilities arising in connection with the presence, use disposal or transport of any
<br />Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATION, AND TRUSTOR'S OBLIGATIONS PURSUANT
<br />TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS
<br />DEED OF TRUST.
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<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits
<br />of the Property, provided that Trustor shall, until the occurrence of an Event of Default here-
<br />under, have the right to collect and retain such rents, issues and profits as they become due and
<br />payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent,
<br />with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or
<br />any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems
<br />necessary or desirable to preserve the value, marketability or rentability of the Property, or any
<br />part thereof, or interest therein, increase the income therefrom, or protect the security thereof,
<br />and, with or without taking possession of the Property, sue for, or otherwise collect, the rents,
<br />issues and profits thereof, including those past due and unpaid, and apply the same, less costs
<br />and expenses of operation and collection including attorney's fees, upon any indebtedness
<br />secured hereby, all in such order as Lender may determine. The entering upon and taking
<br />possession of the Property, the collection of such rents, issues and profits and the application
<br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or
<br />invalidate any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession of the Property or the collection, receipt and
<br />application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every
<br />right provided for herein or by law upon occurrence of any Event of Default, including without
<br />limitation the right to exercise the power of sale. Further, Lender's rights and remedies under
<br />this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and
<br />remedies under any assignment of leases and rents recorded against the Property. Lender,
<br />Trustee and the receiver shall be liable to account only for those rents actually received.
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<br />11. Events of Default. The following shall constitute an Event of Default under this
<br />Deed of Trust:
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<br />(a) Failure to pay any installment of principal or interest or any other sum
<br />secured hereby when due;
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<br />(b) A breach of, or default under, any provision contained in the Note,
<br />this Deed of Trust, any of the Loan Instruments, or any other lien or encumbrance
<br />upon the Property;
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<br />(c) A writ of execution or attachment, or any similar process, shall be
<br />entered against Trustor which shall become a lien on the Property or any portion
<br />or interest therein;
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<br />(d) There shall be filed by or against Trustor or Borrower an action under
<br />any present or future federal, state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors, or there shall be appointed any
<br />trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the
<br />Property, rents, issues or profits thereof, or Trustor or Borrower shall make any
<br />general assignment for the benefit of creditors;
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<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of
<br />all or any part of or any interest in the Property, either voluntarily or involuntarily,
<br />without the express written consent of Lender or as otherwise herein permitted; or
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<br />(t) Abandonment of the Property.
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