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201001406 6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall promptly repaix, yr replace any improvement which maybe damaged or destroyed; shall not commit yr permit any waste or deterioration a£ the Property; shall not xezaove, demolish or substantially apex any of the improvements on the Property; shall not comtait, suffer ar permit any act to be done in ax upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly discharge at Trustor's cost and expense ail 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 part thereof, or for conveyance in lieu of condemnation. Lender shall be entitled at its option to commence, appear in and prosecute iii its own name any action or proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. Ia the event any portion of the Property is so taken or damaged, Lender shall have the option iua 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 is 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 tray 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 Leader. 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 oven discretion, but without obligation to dv so, and without notice to ox demand upon Trustor and without releasing Tzustor fi-om any obligation, do any act which Txustor has agreed but failed to do and may also do any other act it deems necessary tv protect the security hereof. Trusty shall, immediately upon demand therefor by Lender, pay to Leader all costs and expenses incurred and sums expended by bender 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 tv the indebtedness secured hereby. Leader shall not incur any liability because of anything it may do oz omdt tv dv hereunder. 9. Hazardous Materials. Txustor shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or envixoamental protection (collectively xefexred to herein as "Environmental Laws"). Trustor shall keep the Property free from all substances deemed to be hazardous ox toxic under any Enviromx~ental 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. Trustox hereby agrees to indem~aify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Leader's interest, from and against any and all claims, damages, losses and liabilities axisiug in connection with the presence, use, disposal or transport of any Hazardous Materials on, under; from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR' S OBLIGATIONS PURSANT TO 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 as 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 nay part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary oz desirable tv 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 yr without taking possession of the Prvperry, sue fox ox otherwise collect the rents, issues and profits thereof, including those past due and unpaid, by notifying tenants to make payments to Lender. Leader may apply rents, issues and profits, less costs and expenses of operation and collection including attorney's fees, to any indebtedness 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 ox waive any default or notice of default hereunder oz 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 ar the collection, receipt and application of rents, issues or profits, Trustee and Leader shall be entitled to exercise every right provided for in any of the Loan Instruments 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 assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only fox those rents actually received. 11. Events of Default. The follawing shall constitute an Event of Default under this Deed of Trust: (a) Failure to pay nay installment of principal or interest or any other sum sec-tired herefiy when due; (b) A breach of ar default under any provision contained im. the Note, this Deed of Trust, any of the Loaa 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 oz interest therein; (d) There shall be filed b~ or against Trustox or Borrower an action under any present or future fedezal, state or other statute, law or regulation relating to bankruptcy, insolvency ar other relief for debtozs; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all oz any part of the Pzvperty, or the tents, issues ox profits thereof, ar Trustor yr Borrower shall make any general assignment for the benefit of creditvxs; (e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily or involuntarily, without the express written. consent of Lender; provided that Tnxstor 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; (fj Abandonment of the Property; ar . (g) If Trustor is not an individual, the issuance, sale, transfer, assigtunent, conveyance or encumbrance o£ more than (if a corporation) a total of NA percent of its issued and outstanding stock, or (if a partnership) a total of NA