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201108200 Lender, naming Lender as an additional named insured, with loss payable to the Lender. In case of loss under such policies, the I.ender is authorized. to adjust, collect and compmmise, a11 claims thereundez and shall ha.ve the option of applying all or part o£ the insurance proceeds (i) to any indebtedness secured. hereby and in such order as Lender may detenmine, (u) to the Trustor to be used for the repair or restora.tion of the Property or (iiii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby be£ore such paynnent eve�took place. Any applicalions o£pzoceeds to indebtedness shall not extend or postpone the due date of any payments wo.der the Note, or cure any default thereunder oz hereunder. 5. Escrow. Upon written demand bq Lender, Trustor sha11 pay to Lender, iun such a� manner as Lender may designate, sufficient sums to enable Lender to pay as they become due one or more of the following: (i) a11 taxes, assessments and other charges against the Property, (u) the pa�emiums on the property insurance required hereunder, and (iu) the premiums on auy mortgage insurarice required. by Lender. 6. Maintenance, Repairs and Comp�iance with Laws. Trustor shall keep the Property in good condition aud repair; shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or penmit any waste oz deterioza.tion of the Property; shall not remove, demolish or substantially alter any of the improvements on the Properiy; 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, encumbrances and charges levied, imposed or accessec� 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 condemmation or other talang of the Properiy or part thereo� or for conveyance in lieu of condemnation Lender shall be entntled at its option to commence, appear in and prosecute in its vwn name any action or proceeclings, and shall also be enlitled. to make any compromise or settlement in conn.ection with such taking or damage. In the event any portion of the Property is so taken or damaged, Lendez shall have the option in its sole and absolute discretion, to ap�ply all such proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Pmceeds, upon any indebtedness secuted hereby and in such order as Lender ma.y determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as Lendez ma.y detenmine. A,my applicahon 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. Perfornuance by Lender. Upon the occurrence �f an Event of Default hereun.der, or if any act as taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligafion to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but fa3led to do and ma.y also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately upon dema.nd therefor by Lender, pay to Lender a11 costs and ea�enses incurred and sums expended by Lendez in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default zate provided. in the Note, which shall be added to the indebtedness secured hereby. Lender shall not iucur any liability because of anything it may do or omit to do hereunder. 9. Hazardons Materials. Tzustor shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or environm.en.tal protection (collectively referred to herein as "Environmental La.ws"). Trastor shall keep the Properly firee from all substances deemed to be hazardous or toxic under any Environmental La.ws (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender tha.t tlxere are no Hazardous Materials on or under the Properiy. Trustor hereby agrees to indemnify and hold harnaless Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against �.ny and all claims, da.mages, losses and liabilities arising in connection with the presence, use, disposai or tra.nsport q£ any Hazardous Materials on, uncfler; from or about the Property. TFiE FOREGOING WARRANTIES AND RE�RESENTA'FIONS, AND TRUSTOR'S OBLIGATIONS PURSANT TO THE FOREGOING INDEMNTTY, SHALL SURVIVE RECONV]EYANCE OF THIS DEED OF TRUST. 10. Assignment of Rents. Trustor hereby assigns to Lender, and grants Lender a security in.terest in, a11 present, future and after a�ising rents, issues and profits of the Properly; provided that Trustor shall, until the occuztence of an Event of Default, hereunder, ha.ve 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 pezson or by agent, with or without bringing any action or proceeding, or by a zeceiver appointed. by a court and without regard to the adequacy of its security, enter upon and take possession af the Property, or any part thereo� in its own name or in the narne of the Trustee, and do any acts which it deems necessary oz desirable to presezve the value, marketability or rentability of the Property; or any part there�f or interest therein, or to increase tlie inconae therefrom or protect the security hereof and, with or without �aking possessiton of the Property, sue for or otherwise collect the rents, issues and profits thereo� inclu:ding those past due and wipaid, by notifying tenants to make payment� to Lendez. Lender may apply rents, issues an.d profits, less costs and expenses of operation and collection including attorney's fees, to any indebtedness secured hereby, a11 in such order as Lender ma.y determine. The entexing upon and taking possession of the Property, the collection of such rents, issues and profits, an.d the application thereof as a:foresaid sb.all not cure or waitve any defa.ult or notice of default hereun.der or invalidate any act done in response to such default or puzsuant to such notice of default and, notvvithstanding the continuance in possession of the property' or tlie collection, receipt and application of rents, issues or profits, Trustee and Lender shall be entifled to exercis�e every right provided for in any of the Loan Insttvments or by law upon occwnrence of any Event of Default, inclt�ding without limitation the right to exercise the power of sa1e. Further, Lender's rights and remedies under this pazagraph shall be cwmulaxive with, and in no way a limita.tion on, Lender's rights and remedies under any assignment of lea.ses and ren.ts recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actua.11y received. 11. Events of Default. The following shall constitute an. Event of Defautt under this Deed of Trus� (a) Failure to pay any installment of principal or interest or any other sum secured hereby when due; (b) A breach of or default under any provision contained in the Note, tbis Deed of Trust, any of the Loan Instruments, ar any other �ien or encumbrance upon the Property; (c) a writ of execution or attachment or any similar process shall be entered against Tnistor which sha.11 become a lien. on the Properiy or any portion thereof or interest therein;