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<br />200809799 <br /> <br />3. Taxes, Assessments. Trustor will pay before delinquent all taxes, special <br />assessments and all other charges against the Property now or hereafter levied. <br /> <br />4. Insurance. Trustor shall keep the Property insured against damage by fire and <br />hazards included within the term "extended coverage," and shall name Lender as an additional <br />insured thereunder. <br /> <br />5. Maintenance, Repairs and Compliance with Laws. Trustor shall: (i) keep <br />the Property in good condition and repair, (ii) not commit or permit any waste or deterioration of <br />the Property; (iii) not commit, suffer or permit any act to be done in or upon the Property in <br />violation of any law, ordinance or regulation; and (iv) pay and promptly discharge Trustor's cost <br />and expense all lines, encumbrances and charges levied, imposed or assessed against the <br />Property or any part thereof. <br /> <br />6. Performance by Lender. Upon the occurrence of an Event of Default <br />hereunder or if any act is taken or legal proceeding commenced which materially affects <br />Lender's interest in the Property, Lender may, with prior written notice to Trustor, do any act <br />which Trustor has agreed but fails to do and may also do any other act it deems necessary to <br />protect the security hereof. Trustor shall, within ten (10) days after receipt of demand therefor <br />by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in <br />connection with the exercise by Lender of the foregoing rights, together with interest thereon at <br />the rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender <br />shall not incur any liability because of anything it may do or omit to do hereunder, unless caused <br />by the intentional or willful misconduct or gross negligence of Lender or its duly authorized <br />agents. <br /> <br />7. Hazardous Materials. Trustor shall comply in all material respects with all <br />applicable laws, ordinances and regulations relating to industrial hygiene or environmental <br />protection as they pertain to Trustor's use of the Property. <br /> <br />8. Events of Default. The'events listed below shall each be considered an "Event <br />of Default" for purposes of this Deed of Trust: (a) the occurrence of an event of default under the <br />Note or the occurrence of any event which gives Lender the right to declare due and payable the <br />unpaid principal balance under the Note following any applicable notice and cure period; (b) a <br />breach of or default under any provision contained in this Deed of Trust which is not cured <br />within thirty (30) days after Trustor's receipt of written notice thereof; (c) a writ of execution, <br />garnishment or attachment or any similar process shall be entered against Trustor, or Trustor <br />shall make any general assignment for the benefit of creditors; or (d) there shall be filed by or <br />against Trustor an action under any present or future federal, state or other statute, law or <br />regulation relating to bankruptcy, insolvency or other relief for debtors. <br /> <br />9. Remedies; Acceleration Upon Default. In the event of any Event of Default, <br />Lender may, without notice, except as required by law, declare all indebtedness secured hereby <br />to be immediately due and payable and the same shall thereupon become due and payable <br />without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: (a) <br /> <br />2 <br />