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<br />200801839
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<br />3. Tax.es, Ancssllu:nbi. To pay before delinqwmcy all tuxes, special W1sessmcnts and all other charges
<br />against the Property now or hereafter levied. .
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<br />4. Imurnnce. To keep the Property insured against damage by fire, hazards included withm the term
<br />"extendt:d coverage", Wlllllucl1 olher htl:t.nrds us Lender muy require, in amowlts and wilh companies acceptable to
<br />l.o11der, namh1g I.ender as an additional named infll1red, with IOllll payable to the Lender. In calle of 101l1l unclel' such
<br />policies, the Lender is authorized to adj\lst, collect and oompromise, all claims thereunder and shall have the option
<br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in stich order as Lender
<br />may determine, (ii) to the Trustor to be used tor the repair or restoration ofthe Pmperty 01' (iii) for any other purpose
<br />or object satisfact01'Y to Lender without affi:c:ting the lien of this Deed of Tnlst fur the full amount secw-ed hereby
<br />before such payment ever took place. Any application or proceed!'! to indebl.ed:ne,c;s shall not extend or pOfltpone tha
<br />due date OfallY payment.'! under thcNotc, 01' cure any dl:mult thcrcwldcr 01' hereundcr.
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<br />5. ElICJ'lIW. Uplm wriLt~n demand by Lender, Tru..'1Lor shall pay to Landar, in such manner as Lender may
<br />designatc, mfficicnt sums te enable Lcnder to pay as they become due one or more of the following: (i) all taxes,
<br />asseSS1l1ents and other charges against the .Property, (ii) the premiums on the property insurance required hcreundet.,
<br />(Hi) the premiums on anY.Dlortgage insurance, and (iv) flood insurance required by the Lender.
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<br />6. Maintenance, Repairs and Compliance with Laws. TrWitor lihull keep lhe Property in good condition
<br />and repair; shall promptly repair, QT' replace any improvement which may he datnagcQ. or demoycd; shall not commit
<br />or permit any waste or deterioration of the Property; shall not removo, demolish or substantially alter allY of the
<br />improvements on the Property; shull not commit, suffer or permit any net to be done in or Llpun the ProperLy in
<br />violation of any law, ordinance, or regulation; and shall pay.and promptly dillchargc at Tru!ltor's cost and cxpense all
<br />liens, encumbrances and charges levied, imposed or assessed. against the Property or any part thereof
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<br />1. Eminent Domain. Lender is hereby assigned all compem~ation, award'i, dwnages iIIld othtrr payments or
<br />reliet'(hereinafter "Proceeds") in connection with condemnation or other taking ofthe Property or part thereot: or for
<br />conveyance in lieu of condemnation. Lender shall be Clltitled at Its optlOlt to commence, appear in and prO!lCCl.ltc in
<br />its uwn name any action or proceedings, and shall also be entitled to make any colIlpronuse or ,ettleme.nt in
<br />connection with such taking or damage. In tho event any portion of the Propcrty is 80 taken or damaged, Lender shall
<br />have the option, in its sole and absoluto discretion, to apply all such Proccods, after deductlng therefrom all costs and
<br />expenses incurred by it in connection with ~uch Proceeds, upon any indebtedness secured hereby and in such order as
<br />Lender may determine, ur to apply ull such Proceeds, ulter such deductions, 10 Lhe
<br />restoration of the l-'Toperty upon lluch conditionll a.'1 Lender may determine. Any application of Proceeds to
<br />indebtedness shall not ~cnd or postpono the due date of any payments under the Note, or oure any default
<br />thereunder or hereunder. Any unapplied funds shall be paid to Trustor,
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<br />8. Performance by Lender. Upon tho OOOlIrrcnoo of an Event of ~fulllt hereunder, ur ihny Ut;t is tuken
<br />or legal proceeding commenced which materially affeCts Lendet'li int.erest in lhe Property, Lender may in its own
<br />dlscl'ctioll, but without obligation to do so, and without notice to or delrto."d upon Trustor and without releasing
<br />Trustor from any obliiation, do MY act which TlllStor has agreed but fails to do and may a150 do any other act it
<br />deems necesSlU}' to protect. the s.ecurity hereoI: Trust.or shall, immediately upon de.maud therefor by Lender, pay to
<br />J ..ender all CO!ltll and expenses incurred and sums expended by Lender in connectiun with t.he exercise by Lender of
<br />the foregoing rights, together with intClfC9t thereon at the def1:lull rll.lll provided in the Note, which shall be added to
<br />lhe indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do
<br />hereunder.
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<br />9. Ha1:ardous Materlalll. 'I'l1lRtor shall keep the Properly in compliance with all applicable: luws,
<br />ordinances am} regulations relating to industrial hygiene or environmental protection (collectively referred to herein
<br />as "Environmenlal Laws"). Trust.or shall keep the Property free from all substances deemed to be hazardous 01' toxic
<br />under any ~nvironmcntfll Laws (collectively referred to herein us It~dous Materials"), Trustor hereby warranls
<br />and reprt:Stmts loLender that there are 110 Ha7.ardous Materials on or under the Property, Trustor hereby agrees to
<br />indemni ry and hold harmless Lender., its directors, officers, employees and agents, and any successors to Lender's
<br />intcrcm, from and al!lWlllil any and all claims, damages, 10flSeS and liabilities arisins in connection with the presence,
<br />Wle, disposal or Irans~t. of any Hazardous Materials on, under, from or about the Property. 'l"HR FORROOTNO
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S ODLIGATIONS PURSUANT TO nm
<br />FOREGOING INDEMNITY, SHALL SURVIVE RECONVnYANCE OF TIllS DnED OF TRUST.
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<br />10. Assia;:nment of Rents. Trustor hereby assigns to I.ender the Tcnt'l, i!lllucs. and profits of the Property;
<br />provided thaL Trust..or shall, Wltil the OCCUIrence of an Event of Defuult here\mder, have the right to collect and retain
<br />such rents, issues. and profits as they become due and puytlble. Upon the occurrence oran EvenL of Default, Lender
<br />may, either ill person or by agent, with or without bringing any action or proceedin.g, or by a receiVe!" appointed by a
<br />court and without regard to the adequacy or ils liecurity, enter upon and take possession of the Property, or any part
<br />th~eor, in its own name or in tJle name of the '1'ru.'1tcc, and do any acts whIch it deenUl necessary or deliiruble tu
<br />pn:serve the value, marketability or rentability of the Property or any 1'&1. thereof or interest therein, increase the
<br />mcome therefrom or prolecl the security hereof and, with or without taking possession of the Property, sue fOl' or
<br />otherwise eoHect the rents, issues und prufits thereof; iDcludin" lhlJ:fC pusl due (illd unpaid, and apply the same, less
<br />costs and cxpcn3CS of operation and collC("tion incJuding Il.UlIl1ley'li fees, uponll.uy jndebtedness secured hcreby, all in
<br />such order as Lender may determine. Trustor, Trustee and l,.cnder agree tl:Jat a receiver can be appointed upon the
<br />requesl of Trustee at any time after the tiling of a Notice of Default or in any action to enforce thc assignmcnt ofrcnts
<br />provided herem or olherwise. The enterLua upon and taking posscssion of the Property, the collection of !meh rentll,
<br />issues and profits and the applictltion thereof us ~lforCliaid, shall nol cure or waive .any default or notice of default
<br />hereunder or invalidate IDY act done in re5pomc to such dcf2ult or pursuant to sllch nutice of uelillllt and.
<br />notwjthstanding tht eontinuaneo in. possession of tho Property or the oollection, receiy,t and application ofrl!Dt&,
<br />issues or profits, and Trustee Md Landor shall he entitled to exe:rcise every Tight pmvuied ror 1fI any or the Loan
<br />Instruments ur by law upon occurrence of any Event of Default, including without limitation the right to ex.tlfcist'l tht;:
<br />power ohale. Further, Lender's rights and remedies under this paragraph !lhall be cumulative with. and in no way a
<br />limitation on, Ltmder'il rights and remedies wtder any a&Si~lcnt oflcasos and rent'.! recorded against the Propcrty.
<br />Lender, Trustee and the receiver shnll be lil:lble tu uccoonl (01)' for those rents actually received,
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<br />11, Events of Default. The following ~hall constitute an Event of Dcfault under this Deed ofTrwt:
<br />(a) FailurlJ to pay any installment of principal or interest of any other sum !lecllred hcrcbywhen duc;
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<br />14IQY.CV (10107)
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<br />3307643
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<br />Page 20f4
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<br />OOTO(0021:0419)
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