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<br />` )f 1. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the Property or interest therein is sold,
<br />transferred, or otherwise conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the creation of a lien or
<br />encumbrance subordinate to this Trust Deed, (b) a transfer by operation of law upon the death of a Trustor who is a joint tenant or (c) the
<br />grant of any leasehold interest of three (3) years or less which does not contain an option to purchase, such action is a breach of this
<br />agreement, and Beneficiary may, at Beneficiary's option, declare all the sums secured by this Trust Deed to be immediately due and
<br />payable; provided, further, this Trust Deed may, at Beneficiary's option, be declared immediately due and payable if (1) Trustor is a
<br />partnership and any interest in the partnership is sold or assigned by any means whatsoever, or (2) if the Trustor is a corporation and a
<br />transfer of the majority stock ownership interest in the corporation occurs or the Trustor corporation. merges in any form with another
<br />corporation or entity. Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer, or conveyance, Beneficiary
<br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to
<br />Beneficiary and that the interest payable on the sums secured by this Trust Deed shall be at such rate as Beneficiary shall request.
<br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Trustor to make any payment or to
<br />perform any of the terms and conditions of this Trust Deed, or the terms and conditions of the Note, or any renewals, modifications, or
<br />extensions thereof, or the failure to make payment of any other indebtedness, prior or subsequent to this Trust Deed, and secured by this
<br />property, or the death of one or more Trustors, shall be a breach and default of this Trust Deed and the Beneficiary may declare a default
<br />and may declare all sums secured hereby immediately due and payable, and the same shall thereupon become due and payable without
<br />presentment, demand, protest or notice of any kind, provided Trustor shall have any statutory right to cure the default before any notice of
<br />default and demand for sale may be delivered to the Trustee. Thereafter, Beneficiary may deliver to Trustee a written declaration of
<br />default and demand for sale. Trustor agrees and hereby grants that the Trustee shall have the power of sale of the Property and, if
<br />Beneficiary decides the Property is to be sold, it shall deposit with Trustee this Trust Deed and the Note or notes and any other documents
<br />evidencing expenditures secured hereby and shall deliver to Trustee a written notice of default and election to cause the property to be
<br />sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be duly filed for record by Trustee.
<br />(a) After the lapse of such time as may be required by law following the recordation of Notice of Default, and Notice of
<br />Default and Notice of Sale having been given as required by law, Trustee, without demand on Trustor, shall sell the Property, if not
<br />redeemed, in one or more parcels and in such order as Trustee may determine on the date and the time and place designated in said Notice
<br />of Sale, at public auction, according to law.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment of the costs
<br />and expenses of exercising the power of sale and of the sale, including, without limitation, attorneys' fees and the payment of Trustee's
<br />Fees incurred, which Trustee's Fees shall not, in the aggregate, exceed the following amounts based upon the amount secured hereby and
<br />remaining unpaid at the time scheduled for sale: 5 percentum on the balance thereof and then to the items in subparagraph (c), in the order
<br />therein stated.
<br />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or if the sale is pursuant to judicial
<br />foreclosure, the proceeds of sale shall be applied in the following order:
<br />(1) cost of any evidence of title procured in connection with such sale and of any revenue transfer fee required to
<br />be paid;
<br />(2) all obligations secured by this Trust Deed;
<br />(3) junior trust deeds, mortgages, or other lienholders;
<br />(4) the remainder, if any, to the person legally entitled thereto.
<br />13. ENVIRONMENTAL PROTECTION REQUIREMENTS, WARRANTIES AND INDEMNITIES: That Trustor
<br />shall not use, nor permit any tenant, occupant or any other party or entity to use, the Premises, or any part thereof, for the purpose of
<br />generating, treating, producing, storing, handling, transferring, processing, transporting, disposing or otherwise releasing "hazardous
<br />substances," as hereinafter defined, either on, in, from or about the Premises which:
<br />(a) creates or causes a contamination either on the Premises or elsewhere which is required by any governmental authority
<br />to be removed, rernediated, or otherwise cleaned up under any applicable "Environmental Law," as defined below,
<br />(b) creates any form ar liability, civil or criminal, direct or indirect, due to such contamination, or
<br />(c) is in contravention of any Environmental Law.
<br />That the terms "Environmental Law" and "Environmental Laws" as used in this Trust Deed include any and all current and future
<br />federal, state and local environmental laws, statutes, rules, regulations and ordinances, as the same shall be amended and modified from
<br />time to time, including but not limited to, "common law," the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA), as amended from time to time, the Resource Conservation and Recovery Act (RCRA), as amended from time to time, and the
<br />Toxic Substances Control Act (TSCA), as amended from time to time.
<br />That "hazardous substances" as used in this Trust Deed includes any and all "hazardous substances" as defined in CERCLA, any and
<br />all "hazardous wastes" as defined in RCRA, and any and all "toxic substances" as defined in-TSCA, petroleum products, asbestos or
<br />asbestos-containing materials, polychlorinated biphenyls ("PCB's"), radon gas, urea formaldehyde foam insulation ("L1FFI") and any and
<br />all other hazardous substances, hazardous wastes, pollutants and contaminants regulated ar controlled by any of the Environmental Laws.
<br />That Trustor shall, in the event of any discharge, spill, injection, escape, emission, disposal, leak or other release of hazardous
<br />substances on, in, under, onto or from the Premises, which is not authorized by a currently valid permit or other approval issued. by the
<br />appropriate governmental agencies:
<br />(a) promptly notify Trustee, the Environmental Protection Agency National Response Center and the appropriate State
<br />Department of Environmental Resources,
<br />(b) take all steps necessary to promptly clean up such discharge, spill, injection, escape, emission, disposal, leak or another
<br />release in accordance with the provisions of all applicable Environmental Laws, and
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