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200807950 8. Performance bv Lender. If an Event of Default has occurred, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in his own discretion, but without obligation to do so, and without notice to or demand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but fails to do and may also do any other act he deems necessary to protect the security hereof. Borrower 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 personal liability because of anything he may do or omit to do hereunder. 9. Actions Affectin€! Trust Estate. Borrower shall appear in and contest any action or proceeding purporting to affect the security hereof or the right,> or powers of Lender or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Lender or Trustee may appear. Should Borrower fail to make any payment or to do any act as and in the manner provided in the Note or this Deed of Trust, then Lender andlor Trustee, each in his own discretion, without obligation to do so and without notice to or demand upon Bonower and without releasing Borrower from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Borrower shall, immediately upon demand therefor by Lender, pay all costs and expenses incurred by Lender in connection with the exercise by Lender of the foregoing rights, including without limitation costs of evidence oftitle, court costs, appraisals, surveys and reasonable attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate provided in the Note. 10. Events of Default. Anyone or more ofthe following shall be an "Event of Default": A. Failure to make any payment of principal of, or interest on, the indebtedness evidenced hereby, when due, pursuant to the tenns hereof; provided, however, Borrower shall have ten (10) days to pay the same before an Event of Default is declared; or B. Failure to pay any amount required by Lender in the Note; or C. Default in the observance or performance of any of the other tcrms, conditions or covenants contained in this Deed of Trust; provided, however, Borrower shall havc thirty (30) days to correct the default, after written notice is given, before an Event of Default is declared; or Page 4 of 12