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201108543 Lender, nanning Lender as an additional named insured, with loss payable to the Lender. In case of loss undez such policies, the Lender is authorized to adjust, collect and compromise, all claims thereundex and shall have the option of applying a1I or part of the insurance pxoceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) ta the Trustor to be used for the repair or restoration o£ the Properry or (iiji) for any other purpose or object satzsfactory to Lender without affectittg the lien of this Deed of Trast for the full amount secuxed hereby befare such payment evez�took place. A.ny applicabions of proceeds to indebtedness shall not extend or postpone tlze due date of any payments under the Note, or cure any default thereunder oz hereunder. 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such a manner as Lender miay designate, sufficient swms to ena.ble Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other chazges against the Property, {ii) the premiums on the property insurance required hereunder, and (vu} tb.e premiums on aziy mortgage insurance required bq Lender. 6. Maintenance, Repairs and Complisnce �ith Laws. Trustor shall keep the Property in goad condition and repair; shall pzomptly repair, or replace any inaprovement wluch may be damaged or destroyed; shall not commit or penmit any waste or deterioration of the Properly; shall not remove, demolish or substantially altez any of the improvements on the Property; shall not cominit, suffer or permit any act to be done an or upon tlze 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 chazges levied, imposed or accessed 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 condemxiation or other taking of the Properiy or part thereof, or for conveyance in lieu of condemnation. Lender shall be entit�ed at its option to comnnence, appear in and prosecute in its own name an.p action or proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is so taken or damaged, Lender slaall have the option in its sole and absolute d'zscretion, to apply all such proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, 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 npon such conditions as Lender may determine. Ariy application of Proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any de�ault th.ereundez or hereunder. Any uuapplied funds shall be paid to Trustor. 8. Performance by Lender. Upon the occurrence of an Event of Default hezeunder, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation 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 failed to do aud may also do anq other act it deems necessary to protect the security hereof. Txustor sha11 immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default z providecl in the Note, which sha,ll be added to the indebtedness secured hereby. Lender shall not incur any liability because of anykhing it may do or onait to do hereunder. 9. Hazardous Materials. Trustor shall keep the Property in compliance witlz a11 applicable laws, ordinances and regulations relating to industrial hygiene or environmental protection (collectively refexred to herein as "Bnvironmenta.l Laws"). Trustor shall keep the Property firee from all substances deemed to be hazardous or toxic under any Environme�ntal Laws (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and repxesents to Lendex tliat there are no Hazardous Materials on or under the Properry. Trustor hezeby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against �ny and aIl claims, damages, losses and liabilities azising in conttection with the presence, nse, disposal or transport of any Hazazdous Materials on, under; from or about tha Property. THE FOREGOING WARRANTIES AND REhRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSANT TO THE FOREGOING Il�DEMrIITY, SHALL SURVIVE RECONV]EY.ANCE OF THIS DEED OF TRUST. 10. Assignment o� Rents. Trustor hereby assigns to Lender, and grants Lender a secwcity i.nterest in, all present, future and after arising rents, issues and profits of the Property; provzded tb.at Trustor shall, until the occurtence of an Event of Default, hereunder, have 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 person or by agent, with or withouY bringing any action or proceeding, or by a receiver appointed by a court and without regazd to the adequacy of its security, enter upon and take possession af the Properiy, or any part thereof, in its own name or in the name of the Trustee, arid do any acts which it deems necessary or desirable to preserve the value, marketa.bility or renta.bility of the Property; or any part therea£ or interest therezn, or to increase the income therefrom or pxotect the securiry hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues antl profits thereof, including those past due and unpaid, by notifying tenants to make payments to Lender. Len�er may apply rents, issues and profits, less costs and expenses of operation and collection including attorney's fees, to any indebtedness secured hereby, all in such order as Lender may determi.ne. The entering upon and taking possession of the Property, the collection of such rents, issues azid profits, and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the contiu�uance in possession of the propert� or t3�e collection, receipt and application of rents, issues or profits, Txvstee and Lender shall be entided to exercise every right provided for in any of the Loan Instruments or by law upon occurrence o� any Event of Default, incli�ding without limitation the right ta exercise the power of sale. Further, Lender's rights and remedies under this paxagraph shall be cumulative with, and 'zn no way a limitation on, Lender's rights and remedies under anq assignment of leases and rents recorded against the Property. Len,der, Trustee and the receiver shall be liable to account only for those rents actually received. 11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust: (a) Failure to pay any installment of principal or interest ox any other sum secured hereby when due; (b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan Instruments, or any otiier lien or encwrnbrance npon the Property; (c) a writ of sxecution or attaehment or any similar process sha1l be entered against Tzustor which shall become a lien on the Property oz any portion thereof or interest therein;