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<br />200701958
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<br />utilize such Proceeds for restoration of the Property if reasonably possible to do so in a manner
<br />that will pennit such Property to remain functional for Trustor's use made of the Property
<br />immediately prior to such taking or damage. Any application of Proceeds to indebtedness shall
<br />not extend or postpone the due date of any payments under the Note, or cure any default
<br />thereunder or hereunder. Any unapplied funds shall be paid to Trustor.
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<br />8. Performancc by Lender. Upon the occurrence of an Event of Default hereunder, or if
<br />any act is taken or legal proceeding commenced, which materially affects Lender's interest in the
<br />Property, Lcnder may in its own discretion, but without obligation to do so, after giving written
<br />notice to Trustor and without releasing Trustor from any obligation, do any act which Trustor has
<br />agreed but fails to do and may also do any other act it deems necessary to protect thc security
<br />hereof. Trustor shall, within ten (10) days upon demand therefor by Lender, pay to Lender all
<br />costs and expenses incurred and sums expended by Lender in connection with the exercise by
<br />Lender of the foregoing rights, together with interest thereon at the default rate provided in the
<br />Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any
<br />liability because of anything it may do or omit to do hereunder.
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<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all
<br />applicable laws, ordinances and regulations relating to industrial hygiene or enviroronental
<br />protection (collectively referred to herein as "Enviroronental Laws"). Trustor shall keep the
<br />Property free from all substances deemed to be hazardous or toxic under any Environmental
<br />Laws (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and
<br />represents to Lender to the best of its knowledge that there are no Hazardous Materials on or
<br />under the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors,
<br />officers, employees and agents, and any successors to Lender's interest, from and against any and
<br />all claims, damages, losses and liabilities arising in connection with the presence, use disposal or
<br />transport of any 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 TillS
<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 Propel1y, provided that Trustor shall, until the occunence of an Event of Default beyond
<br />any applicable grace or notice periods hereunder, have the right to collect and retain such rents,
<br />issues and profits as they become due and payable. Upon the occurrence of an Event of Default
<br />beyond any applicable grace or notice periods, Lender may, either in person or by agent, with or
<br />without bringing any action or proceeding, or by a receiver appointed by a court and without
<br />regard to the adequacy of its security, entcr upon aud take possession ofthe Property, or any part
<br />thereof, in its own name or in the name of the Trustce, and do any acts which it deems necessary
<br />or desirable to preserve the value, marketability or rentability of the Property, or any part thereof,
<br />or interest therein, increase the income therefrom, or protect the security thereof, and, with or
<br />without taking possession of the Property, sue for, or otherwise collect, the rents, issues and
<br />profits thereof; including those past due and unpaid, and apply the same, less costs and expenses
<br />of operation and collection including attorney's fees, upon any indebtedness secured hereby, all
<br />in such order as Lender may determine. The entering upon and taking possession of the
<br />Property, the collection of such rents, issues and profits and the application thereof as aforesaid,
<br />shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the
<br />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
<br />herein or by law upon occurrence of any Event of Default, including without limitation the right
<br />to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be
<br />cumulative with, and in no way a limitation on, Lender's rights and remedies tmder any
<br />assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver
<br />shall be liable to accowlt 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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