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.,� '�A,� � . , -. . ,.»,,,wuYi�y'+�. � , .•. "�'- '' 'r;_.. . . .. . . .±�m.' - ...� ._ :r.a-= •:.'�"s'3 e•� q � ' '�1A� .Y.ti.(�..._` "Praceeds'j In connectlon with condemnetlon or other taking of the Property or part thereoi,or for caA4�ance fo Ileu�con�demnatlon. '''-' -' . Lender shell be entitled et Its optlon to commence,appoar In and prosecute In Its oHn neme any actlon or proceodings,end sheli also � be entitled to make any compramise or settlement in connectlon with such taking or demage. In lhe event any portlon ot the Property is ,� so taken or damaged, Lender shali have the optfon In ita anle end absolute dlscrbtion, to apply aM such proceeda, after deducting ' therefrom all costn and expenses Incurred by It In connectbn wilh such Proceeds,upon any indebtedneas secured hereby and In such order as Lender may determine,or to epply all such Proceeds,after such deductlona,to tho restoratlon oi the Property upon such r.on- � ditions as Lender may determine.Any applicatlon of Proceeds to indebtadness shell not extend or postpone the due date of any pay �:- m�nts under the Noto,or cure any defaultthoreunderor hereunder.Any unapplled funda shell be pald to Trustor. '�`� 8. Performanco by Lnnder.Upon the occunence of an Evcnt of Dof�ult horeundar, or if any act is taken or legal procaeding commenced which meteriall aNacts Londer's interest In the Pro y g ''�}s` Y perty,Lender ma In its own discretlon, but without obii atlon to do so, :�-�—•" ��,, . and without notice to or demand upon Tmstor and without releasing Trustor from any obllgation,do eny act which Trustor has agreed =°—__ ,,,� but falted to do end may elso do any olher act it deems necessary to protect the security herevL Trustor shell, Immedlateiy upon ,�'�� demand therefor by Lender,pay to Lender all costs and expenses incurred and sums expended by Lender in connectlon with the exer- ��_____ clse by Lender of the foregoing rights, topether with Intereat thereon at the default rate provtded in the Note,which shall be edded to �' the Indebtedness secured hereby.Lendershall not Incur any RabYlty beceuse of anything it may do or omit to do hereunder. '=---- 9. Hazerdous Materleis. Trustor shall keep the Property fn compllance with aIi appliceble laws, ordinances and regulations }°- relaUng to industrial hyglene or environmental protectlon (coilecllvely referred to herein as"Environmantal Laws").Trustor shail keep -- the Properly free from all substences deemed to be hazardous or toxic under any Environmenlal Laws (collectively referred to hereln — .— as"Hazardous Materlais"). Trustor hereby warrants and represents to Lender that there are no Hazardoua Materials on or under the �� Property.Trustor hereby agrees to Indemnify and hold harmless Lender,its directors,ofticers,employees end agenta,and any succes- — � sors to Lenders Interest,from and against any and all clalms,damages,lossea and Ilabiiities aris(ng in ccnnection with the presence, -- use,disposel or transport of any Hazardaus Materieis on,under,from or about the Property.THE FOREGOING WARRANTI�S AND �. - • REPRESENTATIONS, AND TRUSTOR'S OBUC3ATiONS PURSUANT 70 THE FOREOOING INDENiNITY, SHALL SURVIVE �-_.---- • RECONVEYAMCE OF THIS DEEO OF TRUST. �_�-— t 10.Asslpnmmt of Renb.Trusror hereby asslgns to Lender,and grants Lender a security interest tn,aii present,future and after erising rents,lesues and proflts of the Property;provided that Trustor shall,until the accurrence of an Event of Default,hereunder, � have the right to collect and retaln such rents,Issues and proflts es they become due and payable. Upon the occurrence of an Event of -_ __ 4efault,Lender may,elther In person or by agent,with or without bringing any actlon or proceedfng,or by a receiver appolnted by a , court and without regard to the edequacy of its security,enter upon and take possession of the Properly,or eny part thereof,in its own ��.�� name or In the name of the Trustee, and do eny acta which (t deems necessary or desirable to presorve the value,marketebllfty or ' rentabllity of the Proparty,or eny part thereof or interest therein,or to(ncrease the Income therefrom or protect the security hereof and, with or without taking possession oi the Property,sue for or othenvise coilect the rents,Issues and profits ihereof,including those past ° „ ., due and unpaid,by notifying tenants to make paymenta to Lender. Lender may apply rents,i�sues and proflts,less casts and expens- � es of operetion and collection Including attomey's fees, to any Indebtedness secured hereby,all in such order as Lender may deter- � mine.The entering upon and taking possesslon of the Property,the collectlon of such rents,iseues and protts, and tha application ' a, thereof as aforesaid shaii not cure or warve any detault or notice of default hereunder or invalidate any act done in response to such � default or pursuant to such notice of default and, nohvithstanding the continuance in possesslon of the p�operty or the collection, d� recelpt and application of rents,issues or profits,Trustae and Lender shail be enttUed to exerclse every right provided for In any of the �' Loan Instruments or by law upon accurrence of any Event of Default,Including without Iimitation ihe right to exerclse the power of sale. � Further,Lenders rights and remedies under thls paragraph shali ba cumulative with,end In no way e Ilmitetlon on, Lender's rights and % , remed(es under any asslgnment of leases end rents recorded agelnst the Property.Lender,Trustee end the receiver shall be Ilable to e,� account only for those rents actually received. ' , 11.Evsnts ot Dafault.The following shall constitute an Event of Deteult under this Deed of Trust: (a)Fallure to pay any instaliment of principal or interest or any other sum secured hereby when due; (b)A breach of or default under any provisbn contained in the Note,thls Deed of Trust,any of the Loan Instruments,or any other Ilen or encumbrance upon the Property; � " (c)A writ of execution or attachment or any simllar process shall be entered against Trustor whlch shali become a ilen on the Property or eny portlon thereofor interest ther�in; • (d)There shall be flled by or against Trustor or Borrower an action under any present or fulure faderal,state or other atatute, � law or regulatlan relating to bankruptcy,fnaoivency or ather rellef for debtors;or there shaM be eppolnted any trustee,recelver or [.' � Ilquidator oi Trustor or Borrower or of all or any part of the Property,or the rents,Issues or profits thereof,or Trustar or Borrower = — shail make any generel assignmentfor the benefit of credltors; �;� (e)The sale,trensfer, lease,assignment,conveyance or turther encumbrance of all or an y part of or en y interest In the - � Prope r t y,e(ther voluntarily or Involuntarlly,without the expross written consent of Lender,provided that Trustor shall be permlt- _ - ted to execute a lease af the Property that does not conteln an option to purchese and the tartn ot which does not exceed one - y�ar; (�Abandonment of the Property;or _ (g)If Trustor Is not an individual, the fssuance,sale,transfer, asstgnment, conveyance or encumbrance of more than (if a - corporetion)u total oi percent of its issued and outstending stock,or(if a partnership)a totel ot per- - cent of partnershfp Interests,or(if a I(mited Ilabillty company)a total vf percent of the Ilmited liability c�mpa- ny Interest�or voting rights during Ihe period this Deed of Trust remains a lien on the proparty. -.,,,,�,_, 12.Remedies;Acceleratlon Upon Detault.In the event of any Event of Defautt Lender may,without notice except as required �.;>.:==:- � by law,dectare all Indebtedness secured hereby to be due and payable and the seme shali thereupon become due and payable with- °-