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<br />200809776
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<br />may detennine, (H) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other purpose
<br />or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before
<br />such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of
<br />any payments under the Note, or cure any default thereunder or hereunder.
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<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may
<br />designate, sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes,
<br />assessments and other charges against the Property: (ii) the premiums on the property insurance required hereunder, and
<br />(Hi) the premiums on any mortgage insurance required by Lender.
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<br />6. Maintenance. Repairs and Comoliance with Laws, Trustor shall keep the Property in good condition and
<br />repair; shall promptly repair, or replace, any improvement which may be damaged or destroyed; shall not commit or
<br />pennit any waste or deterioration of the Property; shall not remove, demolish or substantially alter any of the
<br />improvements on the Property; shall not conunit, suffer or permit any act to be done in or upon the Property in violation
<br />of any law, ordinance or regulation; and shall promptly discharge at Trustor's cost and expense alltiens, encumbrances
<br />and charges levied, imposed or assessed against the Property or any part thereof.
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<br />7. Eminent Domain, Lender is hereby assigned all compensation, awards, damages and other payments or
<br />relief (hereinafter "Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for
<br />conveyance in lieu of condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in its
<br />own name any action or proceedings, and shall also be entitled to make any compromise or settlement in connection
<br />with such taking or damage, In the event any portion of the Property is so taken or damaged, Lender shall have the
<br />option, it its sole and absolute discretion, to apply all such Proceeds, after deducting t1lerefrom all costs and expenses
<br />incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such order as Lender may
<br />determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions
<br />as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any
<br />payments under the Note, or cure any default therewlder or herewlder. Any wlapplied funds shall be paid to Trustor.
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<br />8. Perfomlance bv Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or
<br />legal proceeding commenced, which materially affects Lender's interest in the Property, Lender may in its own
<br />discretion, but without obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor
<br />from any obligation, do any act which Trustor has agreed but fails to do and may also do any other act it deems
<br />necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to Lender all
<br />costs and expenses incurred and sums expended by Lender in connection witll the exercise by Lender of the foregoing
<br />rights, together with interest thereon at the default rate provided in tile Note, which shall be added to the indebtedness
<br />secured hereby. Lender shall not incur any 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 applicable laws, ordinances
<br />and regulations relating to industrial hygiene or environmental protection (collectively referred to herein as
<br />"Environmental Laws"). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under
<br />any Environmental Laws (collectively referred to herein as "Hazardous Materials"), Trustor hereby warrants and
<br />represents to Lender that there are no Hazardous Materials on or under tile Property, Trustor hereby agrees to
<br />indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's
<br />interest, from and against any and all claims, damages, losses and liabilities arising in connection Witll the presence, use
<br />disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE
<br />FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
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<br />10. Assilwment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property,
<br />provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain
<br />such rents, issues and profits as tlley become due and payable. Upon the occurrence of an Event of Default, Lender
<br />may, eitller in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a
<br />court and without regard to the adequacy of its security, enter upon and take possession of the Propelty, or any part
<br />thereof, in its own name or in the name of tile Trustee, and do any acts whiCh it deems necessary or desirable to preserve
<br />the value, marketability or rentability of the Property, or any part thereof, or interest therein, increase the income
<br />therefrom, or protect tile security thereof, and, with or without taking possession of the Property, sue for, or otherwise
<br />collect, the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection including attorney's fees, upon any indebtedness secured hereby, all in such order
<br />as Lender may detennine. The entering upon and taking possession of the Property, the collection of such rents, issues
<br />and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereWlder or
<br />invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding tile
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, and
<br />Trustee and Lender shall be entitled to exercise every right provided for herein or by law upon occurrence of any Event
<br />of Default, including without limitation the right to exercise the power of sale, Further, Lender's rights and remedies
<br />under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies lmder any
<br />assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account
<br />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 Deed of Trust:
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