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200710195 6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or pennit any waste or deterioration of the Property; shall not remove, demolish or substantially alter-any of the improvements on the Property; shall not commit, suffer or pennit any act to be done in or upon the Propeiiyin violation of any law, ordinance, or regulation; and shall pay and promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any part thereof. 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter "Proceeds") in connection with condemnation or other taking of the Property or pait thereof, or for-conveyance in lieu of condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedingsj and shall also be entitled to make any compromise or settlement in connection with such taking or damage: In the event any portion of the Property is so taken or damaged, Lender shall have the option in its sole and absolute discretion, to apply all such proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor. 8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but failed to do and may also do any other act'it deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor 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 liability because of anything it may do or omit to do hereunder. 9. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws"). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THEFOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSANTTO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 10. Assignment of Rents. Trustor hereby assigns to Lender; and grants Lender a security interest in, all present, future and after arising rents, issues and profits of the Property; provided that Trustor shall, until the. occurrence of an Event of Default, hereunder, have the right to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or without bringing any action or proceeding,' or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property,or any part.thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof or interest therein, or to increase the income therefrom or protect the security hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof; including those past due and unpaid, by notifying tenants to make. payments to Lender. Lender may apply rents, issues and profits, less costs and expenses of operation and collecDon including attorney's fees, to any indebte:dness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the property or the collection, receipt and application of rents, issues or profits, Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan Instnunents or by law upon occurrence of any Event of Default, including without limitation the right to exercise the power of sale. Further, Lender',s rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any assignmen~ ofleases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account onlyfor those rents actually received. 11. 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 m.terest or any other sum secured hereby when due; (b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan Instruments, or any other lien or encumbrance upon the Property; (c) a writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on the Property or any portion thereof or interest therein; (d) There shall be filed by or !lgainst Trustor or 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 Trustor or Borrower or of all or any part of the Property, o~ the rents, issues or profits thereof, or Trustor or B,orrower shall make any general assignment for the benefit of cre~ltors; . (e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or 'any part of or any mterest ill the Property, either voluntarily or invohmtari1y, without the express written consent of Lender; provided that Trustor shall be permitted to execute a lease of the Property that does not contain an option to purchase and the term of. which does not exceed one year; (f) Abandonment of the Property; or (g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than (if a corporation) a total of NA percent of its issued and outstanding stock, or (if a partnership) a total of NA