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<br /> `Proceads')In connoction with condomnnQon or other taking of the Proparty or part ther�oi,or for conveyance in Iieu of condemnation. -
<br /> Lendor shall bc+onti[iod at Its option to commenco,appear fn and prosecute In Its own name any actfon or proceedlnc�s,end shell elso , �
<br /> bo endtlod to make any compromise or settlement in connection with such taking or demage.In the event any portion ot the Property is .�_
<br /> so teken or damegod, Lender shell have the option in its sole and absolute discration, to apply all such proceeds, afler deducting w•
<br /> therofrom all costs and expenses incurred by it In connectlon with such Proceeds,upon any Indebtedness secured hereby and in such =
<br /> order as Lendar mey determine,or lo apply aII such Praceeds,after such deductions,to the restoration ot the Property upon such con• �
<br /> ditions as Lender m�y�etermine.Any opplicalion of Proceeds to Indebtedness ahall not extond or postpono the due dale oi any pay-
<br /> ments under the Noto,or cure eny defaull thereunder or hereunder.Any unappllod tunds shall b�paid to Trustor. ,
<br /> B.Performanca by Lender.Upon the occurrence of an Event of Qefault hereunder, or if any act is tal<en or legal proceedin� _
<br /> commenced which materially affects Lender's Intorest(n the Property.Lender may in its own discrotion,but without obligetfon to do so, „
<br /> and without notice to or demand upon Trustor and without releasing Trustor from any obligetion,do any act which Tn�stor has agreed
<br /> - but feiled to do and may also do eny other act it deems necessary to protect the security hereof.Truator sheli, immedlately upon
<br /> demand therefor by Lender,pay to Lender ail co:,ts and expenses incurred and sums expended by Lender in connecNon with the exer- .
<br /> Gse by Lendor of the toregoing dghts,together with interest thereon at the default rpte providad in the Note, which shall be added to • _
<br /> the indebtedness secured h�reby.Lender shall not incur any Iiabillty because of anything it may do or omit to do hereunder.
<br /> 9. Harsrdous Nlaterials.Trustor shell keep tha Property in compliance with ali appl(cable laws, ordinances and regulatlons
<br /> relating to Industrial hygiene or environmental protection(collectivoly reteRed to herein as"Environmental Laws').Tnistor shall keep ; `
<br /> tho Froperty free from all substances deemed to bo hazardous or toxic undor any Enviro�mentol Laws(collectively reterred to herein ,
<br /> es"Hezerdous Materials").Trustor hereby warrants and reprosents to Lender that there ere no Hezardous Materlals on or under the , �;.,..:,�„�
<br /> Property.Trustor hereby agrees to Indemnify and hold harmless Lender,its dlrectors,officers,employees and agents,and any succes- ._-��.�.,y_
<br /> sors ta Lender's interest, from and against any and ail clafms,damages,losses and liabilities arising in connection with the presence, ;,;�«.�,e,�---
<br /> use,disposal or transport of any Hazardous Materials on, under,from or about the Property. THE FOREGOING WARRANTIES AND � �,...
<br /> REPRESENTA710NS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INf�EMNiTY, SHALL SURVIVE s_ C6 _
<br /> RECONVEYANCE OF THIS DEED f�F TRUST. �+�s�=3=-
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<br /> 10.Assignment ot Hents.Trustor hereby assigns to Lende�,and grants Lender a security interest in, all present,futuro and ,
<br /> after arfsing rents,issues and profits oi the Property;provided that Trustor shell,until the occurrence of an Event of Defeult,herew�dor, �E�
<br /> have the right to collect and rotain such rents,Issues and profits as they become due and payable.Upon the occurrence of an Event of �_'"r�^-
<br /> �� Refault,Lender may,either in person or by agent,with or without bringing any action or proceeding,or by a receiver appointed by a -•
<br /> - court and without regard to the adequacy of its security,enter upon and take possession of the Property, or any part thereof,in its own . :�i��•w'
<br /> name or in the name of the Trustoe,and do eny acts whlch it deems necessery or desirebte to preserve the value, marketebility ar
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<br /> � rentabllity ot the Property,or any part thereof or interest therein,or to increase the Inwme therefrom or p�olect the secudty hereof and, ";,
<br /> with or without takfng possesslon of the Property,sue for or otherwise collect the rents,issues and proflts thereof,Including those pest j�,��;�
<br /> due and unpa[d,by notifying tenants to make payments to Lender.Lender mey apply rents,Issues and pro8ts,tess costs and expens- ;�h
<br /> es of operation and collection including attomey's fees,to any Indebtedness secured hereby, ali in such order es Lender may deter- ..,.,. ;.
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