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13. LENDER'S R�GHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grarrtor shall imrnediately provide Lender wfth written notice of any actual or
<br /> threate�ed action,suft,or other proceeding affecting the Property. Grantor hereby appoiMs Lender as fts attomey-in-fact to corrmence,intervene in,and
<br /> defend such actions;sufts,or other legal proceedings and to compromfse or serile any daim or corrtroversy pertainfng thereto. Lender shatl not be liable to
<br /> Grarrtor fokany action,error,mistake,omission or delay pertaining to the actions descxibed in this paragraph or any damages resulhng therefrom. Nothing
<br /> corrtained herein will preveM Lender from taldng the actions described in this paragraph fn fts own name.
<br /> 14. INDEMNIFICATION. Lender shall not assume or be responsible for ihe perfomiance of any of Grarrior's obligations with respect to the Property under
<br /> any dreumstances. GraMor shall irrmediately provide Lender wfth written notice of and indermify and hold Lender and its shareholders,directors,offlcers,
<br /> employees and agenis hamiess from ali dalms,damages, liabilities(induding attomeys'fees and legal expenses),causes of action, actions, sufts and
<br /> other legal prooeedings(cumulatively"Clafms")perlaining to the Property(induding,but not IlMted to,those involving Hazardous Matetfals). Grantor,upon
<br /> the request of Lender,shall hire legal counsel to defend Lender from such Claims,and pay the attomeys'fees,legal expenses and other costs incurred in
<br /> connection therewith. In the altemative, Lender shall be errt�led to employ its own lega� counse� to defend such Claims at arantor's oost. Grantor's
<br /> obligation to Indermify lender under this paragraph sheli survNe the temdnation,release or foredosure of thia Deed of Trust. �
<br /> 15. TAXES AND ASSESSMENTS. Grantor shall pay ali taxes and assessmerns relating to Properry when due and irmiediately provide Lender evidence (
<br /> of paymerrt of same. Upon the request of Lender,Grantor ahall deposit with Lender each morrth one-twelfth (1/12) of the estimated annual insurance �
<br /> premium,taxes and assessmerrts pertaining to the Property. So long as there is no default,these amounts shall be applied to the payment of taxes,
<br /> assessmerrts and insurance as requfred on the Property. In the eveM of default,Lender shall have the right,at its sole option,to apply the funds so held to Q
<br /> pay any taxes or agsinst the Obligations. My funds app8ed may,at Lendef's opt�on,be applied in reverse order of the due date thereof.
<br /> 16. INSPECTION OF PROPERTY, BOOKB,RECORD3 AND REPORTS. Grantor shall allow Lender or itsagents to e�ne and Inspect the Property .
<br /> and exarnine,inspect and r�ke copies of Grarrtor's books and records perlaining to the Property from time to time. Grarnor shall provicie any assistance
<br /> requfred by lender for ihese purposes. All of the signatures and information corrtained in Grantor's books and records shall be genuine,true,axurate and �
<br /> complete in all respects. Grantor shall note the e�stence of Lender's bene8dal irnerest(n its books and recards pertaining to the Property. Addftionaily,
<br /> Grarnor shall report,in a form satisfactory to Lender,such Infomiation as Lender may request regarding Grarnor's flnandal condition or the Property. The
<br /> informetion shall be for such periods,shall reflect Grantor's records at such Ume,and shall be renc�red with such frequency as Lender may designate. All
<br /> Infom�atbn tumished by C3ramor to Lander shail be true,axurate and complete In all respects,and signed by Grantor if Lender requesis.
<br /> 17. ESTOPPEL CERTIFICATES. Within ten(10)days after any request by Lender,Grantor shall detiver to Lender,or any intended transferee of Lender's
<br /> �igMs whh respect to the Obligations,a signed and adviowledged statement spedfying(a)the outstanding balance on the Obligations;and(b)whether
<br /> Grarnor possesses any daims,defenses,set-offs or counterciaims with respecl to the Obligations and,if so,the nature of such daims,defenses,set-offs or
<br /> courrterdaims. Grarrior will be conclusNely bound by any represerriation that Lender may meke to the intended transferee with respect to these mariers In
<br /> the event that Grarnor fails to provide the requested statemerrt in a timely manner.
<br /> 18. DEFAULT. Grantor shall be in default under this Deed of Trust and the Trustee's power shail become operative in 1he eveM that Grarrtor,BoROwer or
<br /> any guarantor of the Obligations:
<br /> (a) fails to pay any Obligation to Lender when due;
<br /> (b) fails to perform any Obligation or breachea any warranty or covenarrt to Lender contained in this Deed of Trust or any other present or future
<br /> a9reemerrt;
<br /> (c) destroys,loses or damages the Properry in any material respect or subjects the Property to seizure,conflscation,or condermation;
<br /> (d) seeks to revoke,terminate or otherwise Iimit its liabiliry under any guaranty to Lsnder;
<br /> (e) des,becomes legally incompetern,is dissolved or terminated,becomes InsoNent, rnekes an assignmerit for the beneflt of creditors,fails to pay
<br /> debts as they become due,flles a petition under the federal banlwptcy Iaws,has an irnoluntary petftion in banlwpicy 81ed in whfch Grantor,Borrower
<br /> or any guarantor is named,or has property taken under any writ or process of court;
<br /> (f) allows goods to be used,iransported or stored on the Property,the possession,transporlation,or use of which,is illegal;
<br /> (g) allows any party other ihan Grantor or Borrower to assume or undertake any Obligation without the wrftten�nsent af Lender;or
<br /> (h) causes Lender to deem itself insecure due to a sfgniflcant dedine In the value of the Property;or if Lender,in good faith,for any reason,believes
<br /> that the prospect of paymerrt or perfom�ance is impaired.
<br /> 19. RIGHTS OF LENDER ON DEFAULT. If there is a default under this Deed of Trust,Lender shall be errtitled to exercise one or more of the following
<br /> remedies wfthout notice or demand(except as required by law):
<br /> (a) to dedare the Obligations immedfately due and payable in full;
<br /> (b) to collect the outstan�ng Obligations wflh or wfthout resorting to judidal prooess;
<br /> (c) to require C3rarrtor to deliver and make available to Lender any personai property or Chattels constituting the Property at a place reasonably
<br /> convenieM to Grantor and Lender;
<br /> (d) to enter upon and take possession of the Property wNhout applying for or obtaining the appointment of a receiver and, at Lender's option, to
<br /> appoirrt a receiver wRhout bond, wfthout flrst bringing suit on the Oblfgations and without othervvise meeting any statutory condftions regarding
<br /> receivers,h being ir�ended that Lender shall have this corrtractual right to appoirrt a receiver;
<br /> (e) to errploy a managing agerrt of the Property and let the same,efther in Trustee's own name,in the name of Lender or in the name of Grarrtor,and
<br /> receive the rerrts,incomes,issues and proNts of the Property and apply ihe same,after paymerri of ail necessary charges end expenses,on account of
<br /> the Obligations;
<br /> (� to pay any sums in any form or manner deemed expediem by Lender to protect the securNy of this Deed of Trust or to cure any default other than
<br /> payrneM of interest or prindpal on the Obiigations;
<br /> (g) to foredose this Deed of Trust judicfally or nonjudicially and to direct the sale of the property through exerdse of the power of sale as referenced in
<br /> paragraph 20 hereof in acxordance with applicable law;
<br /> (h) to set-off Grantor's Obligations against any amounts owed Grantor by Lende� induding, but not Ilmited to, monlea, instruments, and deposit
<br /> axounts maimained wflh Lender or any currently existing or future affiliate of Lender;and
<br /> (i)to exerdse all other rigMs avaitable to Lender under any other written agreement or applicable law.
<br /> Lender's �i�s are cumulative and may be exerdsed together, separately, and in any order. In the event that Lender institutes an act(on seeking the
<br /> recovery o any of the Property by way of a prejudgment rernedy in an action against Grantor, Grantor wafves the posting of any bond which migM
<br /> otherwise be required. Lender or Lender's desfgnee may purchase the Property at any sale. Proceeds of any Trustee's sale hereunder shall be applied
<br /> flrst,to the oosts and expenses of exercising the power of sale and of the sale,induding the payment of the Trustee's fees actualiy incurred and not to
<br /> exceed the amourrt whfch may be provided for in this Deed of Trust,second,to payment of the Obligations secured hereby,third,to ihe payment of junior
<br /> trust deeds,mcrtgages,or other lienholders,and the balance,if any,to the person or persons legally entftled thereto. Theproperty or any part thereof may
<br /> be sold in one parcel,or in such parcels,manner or order as Lender in its sole discretion may elect,and one or more exerdses of the power herein graMed
<br /> shail not extinguish or exhaust the power unless the errtire properry is sold or the obligatlons are paid in full.
<br /> 20. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT: If Lender elects to sell Grantor's interest in the Property by exerdse of the powe�of
<br /> sale herein oontained,Lender shall notl(y Trustee fn the manner then required by law.
<br /> Upon reoeipt of such notice of Lender and at the direction of Lender,Trustee shall cause to be recorded,published and delivered such notices of default
<br /> end notices of sale as may then be required by Iaw and by this Deed of Trust. Trustee shall,only at the direction of Lender and without demand on Grantor,
<br /> aRer such time as may then be required by law and atter recordation of such notice of default and afler nctice of sale having been given as required by law,
<br /> sell the Property at the time and place of sale flxed by ft in such notice of sale,either as whole or in separate lots or parcels or ftems as Lender shall deem
<br /> expe�erd,and In such order as fl may determine,at public auctlon to the highest bidder for cash in lawful mo�ey of the Unfted States payable at the time of
<br /> sale,or as othervvise may then be required by law. Trustee shall delNer to such purchaser or purchasers thereof fts good and sufficierri deed or deeds
<br /> oorneying the property so sold, but without any covenant or warranry, express or impfled. The recftals in such deed of any matters or facts shall be
<br /> condusNe proof of the truthfulness thereof. Myperson,induding,wfthout Ifmitation,Grantor,Trustee or Lender,may purchase at such sale. Trustee may
<br /> in the manner provided by Iaw postpone sale of all or any portlon of the Property.
<br /> 21. REt1UEST FOR NOTICES: Grantor requests that a copy of any notice of default and a copy of any notice of sale hereunder be mailed to each person
<br /> who is a party hereto at the address of such person set forth herein at the same t(me and in the same manner required as though a separate request thereof
<br /> had been flled by each such person.
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