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<br />200701960
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<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 enviro=ental
<br />protection (collectively referred to herein as "Enviro=ental Laws"). Trustor shall keep the
<br />Property free from all substances deemed to be hazardous or toxic under any Enviro=ental
<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, cmployees 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 THIS
<br />DEED OF TRUST.
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<br />10. Assig=ent 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 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, enter upon and take possession ofthe Property, or any part
<br />thereof, in its own name or in the name. of the Trustee, 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 Lcnder may determine. The entering upon and taking possession of thc
<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 under any
<br />assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver
<br />shall bc liablc to account only for those rents actually received.
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<br />11. Events of Default. Thc following shall constitute an Event of Default tmder 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, other than a default in the payment of principal or interest due
<br />in respect to the Promissory Note, and such default continues for thirty (30) days
<br />after notice thereof from Lender is given;
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<br />(c) A writ of execution or attachment, or any similar process, shall be
<br />cntcred against Trustor which shall become a lien on the Property or any portion
<br />or interest therein, which lien is not removed within thirty (30) days from
<br />Trustor's actual knowledge of such lien;
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<br />(d) Borrower becomes insolvent or admits in writing its inability to pay
<br />debts as they mature; or applies for, consents to or acquiesces in the appointment
<br />of a trustec or receiver for any of Borrower's property; or in the absence of an
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