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2Q1105�01 Lender, naming Lender as an additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized. to adjust, collect and compromise, all claims thereunder and shall ha.�ve the option o£ applying all oz part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Pzoperty or (iii) far any other purpose ar object satisfactory to Len.der wi.thout affecting the lien of this Deed of Trust for the full amouut secwred hereby before such payment evei`took place. Any applicatioms of proceeds to in.debtedaess shall not elrtend or postpone the due date of auy paym.ents under the Note, or cure any defa.ult thereunder or hereunder. 5. Escrow. Upon wzitten demand by Lender, Trustor shall pay to Len.der, in such a manner as Lender may desi,gnate, sufficient sums to enable Lender to pay as they become due one or more of the £ollowing: (i) all taxes, assessments and other charges againat the Property, (u� the p�emiums on the property insurance required hereunder, and (iii) the premium.s on any mortgage insurauce xeqiiired by Lender. 6. Maintenance, Repairs and Compli�nce with Laws. Trustor slaall keep the Properiy in good condition and repair, shall pzomptly repe3r, or repla.ce auy improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the Properiy; shall not remove, demolish or substa.ntially altez any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly discharge at Trustor's cost and expense all liens, encumbzances and charges levied, imposed. or accessec� against the Properiy or any part thereof. 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages an.d other payments or relief (hereinafter "Proceeds'� in connection with condemsiation or other taking of the Properiy or part thereof, or for conveyance in lieu of condemna.titon Lender shall be entntled. at its option to commence, appeaz in and prosecute in its own name any action or proceedings, and shall also be entitled to make any compmmise or settlement in connection with such taking or dannage. Tn the event any portion of the Property is so taken oz damaged, Lender shall have the option in its so�e and absolute discretion, to ap�ply all such proceeds, after deducting therefrozn all costs and expenses incurred by it in connection with such Proceeds, npon any indebtedness secured hereby and in such order as L,en�der may determine, or to apply all such Proceeds, after such deductions, to tb.e restoration of the Properiy upon such oonditions: as Lender may detenmine. Amy application of Proceeds to indebtedness shall not extend or postpone the due date of auy payments under the Note, or cure any defa.ult thereunder or hereunder. Any unapplied funds shall be paad to Trustor. 8. Performance by I.ender. Upon the occunrence of an Event of Default hereunder, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Properiy, Lender may in its own discretion, but without obliga.tion to do sa, and without notice to or de�m�and upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but failed to do and ma.y also do any other act it deems necessary to protect the security hereo£ Tzustor shall, immediately upon demand therefor by Lender, pay to Lender all costs and expenses incu.rred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thezeon at the def�ult rate provided in the Note, wb.itch shall be added to the indebtedness secured hereby. Lender shall not incur any liability beca.use of auything it may do or omit to do hereunder. 9. Hazardons Matez�tals. Txustor shall keep the Property in conapliance with all applicable laws, ordinances and zegulationa relating to indusbrial hygiene or environmental protection (collectively refen�ed to herein as "Environmental La.ws"). Trustor shall keep the Properiy fgee from all substances deemed to be hazardous or toxic under any Environmental L,aws (collectively referred to herein as "Haza,tdous Materials"). Trustor hereby wartants and represents to Lender that there are no Hazardous Materials on or under the Pz�operty. Trustor hereby agrees to indemnify and hold harnale&s Lender, its directors, officers, employees and agents, and any successozs to Lender's interest, from and against �uy and all claims, da.mages, losses and liabilities arising in connection with the p�tesence, use, disposal or transport of any Hazardous Materials on, unc@er; from or about the Property. T'HE FOREGOING wARRANTIES AND RE'FRESENTATIONS, .AND TRUSTOR'S OBLIGATIONS �'URSANT TO THE FOREGOIlVG INDENINI'I'Y, SHALL SURVIVE RECONV]EYANCE OF THIS AEED OF TR.UST. 10. Assignment of �tents. Trustor hereby assigns to Lender, and graats Lender a secuaity interest in, all present, future and after a�ising rents, issues and profits of the Properry; provided that Trustor shall, until the ocaurrence of au Event of T)e�a.ult, hereunder, ha.ve the right to collect and retai.n 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 brit��in,g any action oz proceeding, or by a re�eiver appointed by a court and without regard to the adequacy of its securit�*, enter upon and take possession. of the Pzoperty, or any part thereo� in its own. name or in the name o£the Trustee, erid do an.y acts w�uich it deems necessary or desirable to preserve the value, marketability oz rentability of the Pmperty; or any part thereaf or interest therein, or to in.crease the income therefrom or protect the security hereof and, with or without �aking possession of the Property, sue for or otherwise collect the reuts, issues and profits thereo� inoluding those past due and u�paid, by notifying tenants to make payments to Lender. Lender may apply rents, issues and proffits, less costs and expenses of operation and collection including attomey's fees, to atny indebtedness secured hereby, all in such order as Lender ma.y determiue. The entering upon and taking possession of the Property, the co]lection of such rents, i.ssues and profits, and the applicati.on thereof as aforesai�d s�all not cure or waive an.y default or notice of default hereunder oz invalidaxe any act done in response to such c�efa.ult or pursuant to such notice of default and, notcvitUstanding the continuance in possessian of the praperiy' oz �he collection, receipt and application of rents, issues or profits, Tzustee and Lender shall be entifled to elcercisb every right pzovided for in any of the Laan Instruments or by law upon occuarence of any Event of Default, incli�ding without limitation the right to exercise the power of sa1e. Further, Lender's rights and remedies under this paxagraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies wnder any assignme�at of leases and rents recorded �gainst the Property. Lender, Trustee and the receiver sha11 be liable to acoount only for those rents actually received. 11. Events of De�ault. The following sha11 constitute an Event of Default under this Deed of Trus� (a) Failure to pay any installment of priucipal or interest or any other sum secured hereby when due; (b) A breaoh of or default under any provision contained in the Note, this Deed of Trust, any of the Loan Instxvments, or any other �ien-or encwnbrance upon the Properly; (c) a writ o£ execution or attaehment or any similar process shall be en.tered against Trustor wbich shall become a lien on the Praperty or an� portion tb.ereof or interest therein;