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201003719
<br />6. Maintenance, Repaixs and Compliance with Laws. Trustor shall keep the Property in good condition
<br />and repair; shall pxomptly repair, or replace any impxovement which maybe damaged or destroyed; shall not
<br />commit or permit any waste yr deterioration o£ the Property; shall not remove, demolish or substantially alter any of
<br />the improvements on the I'xoperty; shall not commit, suffex or permit any act to be done in or upon the Property in
<br />violation of any law, ordinance, or regulation; and shall pay and promptly discharge at Txustox's cost and expense alt
<br />liens, encumbrances and charges levied, imposed or accessed. against the Properly or any part thereof.
<br />7. Eminent Domain, Lender is hereby assigned all compensation, awards, damages and other payments
<br />vx relief (hereinafter "Proceeds") in connection with cvndeznnation or other taking of the Property or part thereof, ox
<br />fox conveyance iu lieu of condemnation Lender shall be entitled at its option to commence, appear in and prosecute
<br />in its own name any action or proceedings, and shall also be entitled to make any compromdse or settlement in
<br />connection with such taking ox damage. ]n the event any portion of the Property is so taken ox damaged, Lender
<br />shall have the option in its sole and absolute discretion, to apply all such pxoceeds, after deducting therefrom all
<br />costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in
<br />such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the
<br />Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not
<br />e~ctend or postpone the due date of any payments under the Note, ox cure any default thereunder yr hereunder. Any
<br />unapplied funds shall be paid to Trustax.
<br />8. Performance lay Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken
<br />or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own
<br />discretion, but without obligation to dv so, and without notice to or demand upon Trustor and without releasing
<br />Trustor from any obligation, do any act which Trustor has agreed but failed to do and may also do any other act it
<br />deems necessary to protect the security hereof Txustor shall, immediately upon demand therefor by Lender, pay to
<br />Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender o£
<br />the foregoing rights, together with interest thereon at the default rate pxovided in the Note, which shall be added tv
<br />the; indebtedness secured hexeby. Lender shall not ;incur any liability because of anything it may do or omit to do
<br />hereunder-
<br />9. Hazardous Materfals. Txustox shall keep the Property in compliance with all applicable laws,
<br />ordinances and regulations relating to industrial hygiene ar environmental protection (collectively xeferred to herein
<br />as "Environmental Laws"). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic
<br />under any Environmental Laws (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants
<br />and represents to Lender that there are no Hazardous Materials on yr under the Property. Trustox hereby agrees to
<br />indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's
<br />interest, from sud against any and all claims, damages, losses and liabilities arising in connection with the presence,
<br />use, disposal or transport of any Hazardous Materials on, under; from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSANT TO THE
<br />FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender, and grants Lender a security interest in, all
<br />pxsent, future and after ar'isiug rents, issues and profits of the Property; provided that Truster shall, until the
<br />occurrence of an Event of Default, hereunder, have the right to collect and retain such xents, issues and profits as
<br />they become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person ox by
<br />agent, with or without bringing any action or proceeding, ar by a receiver appointed by a court and without regard to
<br />the adequacy of its security, enter upon and take possession of the Property, ox any part thereof, in its own name or
<br />in the rime of the Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability ox rentability of the Property; or any part thereof or interest therein, ar to increase the income
<br />therefrom or protect the security hexeof and, with ax without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits thereof, including those past due and unpaid, by notifying tenants to make
<br />payments to Lendex. Lender may apply xents, issues and profits, less costs and expenses of operation and collection
<br />including attorney's fees, to any indebtedness secured hereby, all in such order as Lender may determine. The
<br />entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the
<br />application thereof as aforesaid shall not cure ox waive any default or notice of default hexeunder yr invalidate any
<br />act done in response to such default or pursuant to Such notice of default and, notwithstanding the continuance in
<br />possession of the propextp ox the collection, receipt and application of rents, issues or profits, Trustee and Lender
<br />shall be entitled to exercise every right pxovided for in any of the Loan Instruments or by law upon occurrence of
<br />any Event of Default, including without limitation the right to exercise the power of sale. Further, Lender's rights
<br />and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and
<br />remedies under any assignment of leases and xents recorded against the Property. Lender, Trustee and the receiver
<br />shall be liable to account only for those rents actually received.
<br />l 1. Events of Default. The fallowing shall constitute an Event ofDefault underr this Deed of Txust:
<br />(a) Failure to pay any installment of principal or interest or any other sum secured hereby when due;
<br />(b) A breach of ox default undex any provision contained in the Note:, this Deed of Trust, any of the Loan
<br />Instruments, yr any other ~.en ox encumbrance upon the Property;
<br />(c) a writ of execution ar attachment or any similax pxocess shall be entered against Txustor which. shall become; a
<br />lien on the Pxoperty or any portion thereof or intexest thexein;
<br />(d) There shall be filed b~ ox against Trustor or Borrower azt action under any present or futures federal, state or
<br />other statute, law or regulation relating to baxila-uptcy, insolvency ox other relief for debtoxs; or there shall be
<br />appointed any trustee, xeceiver or liquidator of Txustor or Borrower or of all or any part of the Property, or the rents,
<br />issues or profits thereof, ox Txuster or Borrower shall make any general assignment fox the benefit of creditors;
<br />(e) Then sale, transfer, lease, assignment, conveyance ox fuxthex encumbrance of all ox any part of ox any interest in
<br />the Property, eithex voluntarily or involuntaxily, without the express written consent of Lendex; pxovided that Txustor
<br />shall be permitted to execute a lease of the Property that does not contain an option to puxchase and the term of
<br />which does not e~cceed one year;
<br />(f) Abandonment of the Property; or .
<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than
<br />(if a corporation) a total of NA percent of its issued and outstanding stock, ox (if a partnership) a total of NA
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