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<br /> Lender to protect the security of the Note;(c)the perfo�mance of all covenants and agreement�o�rustor set forth herein;and(d)all
<br /> present and future indebtedness and obligations of Borrower(or any of them if more than one)to Lender whether direct,indirect,
<br /> absolute or contingent and whether arising by note,guaranty,overdraft or otherwise.The Note,this Deed of Trust and any and all
<br /> other docuents that secure the Note or otherwise executed in connection therewith,including without limitation guarantees,security
<br /> agreements and assignments of leases and rents, shall be referred tu herein as the"Loan Instruments".
<br /> Trustor covenants and agrees with Lender as follows:
<br /> 1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br /> 2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien
<br /> created hereby is a first and prior lien on the Properry, except for liens and encumbrances set forth by Trustor in writing and
<br /> delivered to Lender before execution of this Deed of Trust,and the execution and delivery of this Deed of Trust does not violate any
<br /> contract or other obligation to which Trustor is subject :
<br /> 3. Taxes,Assessmenb.To pay before delinquency all taxes,special assessments and all other charges against the Prop�rty :
<br /> now or hereafter levied.
<br /> 4. Insurance.To keep the Property insured against damage by fire,hazards included within the term"extended coverage",and
<br /> such other hazards as Lender may require,in amounts and with companies acceptable to Lender,naming Lender as an additional
<br /> named insured,with loss payable to the Lender.In case of loss under such policies,the Lender is authorized to adjust,collect and :
<br /> compromise,all claims thereunder and shall have the option of applying all or part of the insurance proceeds(i)to any indebtedness
<br /> secured hereby and in such order as Lender may determine,(fi)to the Trustor to be used for the repair or restoration.oi the Property
<br /> or(iii)for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured
<br /> hereby before such payment ever took place.Any application of proceeds to indebtedness shall not extend or postpone the due
<br /> date of any payments under the Note, or cure any default thereunder or hereunder.
<br /> 5. Escrow.tlpon written demand by Lender,Trustor shall pay to Lender,in such manner as Lender may designate,sufficient
<br /> sums to enable Lender to pay as they become due one or more of the following:(i)all taxes,assessments and other charges against
<br /> the Property,(ii)the premiums on the property insurance required hereunder,and (iii)the premiums on any mortgage insurance
<br /> required by Lender.
<br /> 6. MaUtenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good conditfon and repair; shall
<br /> promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or
<br /> deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shail not
<br /> commit,suffer or permit any act to be done in or upon the Property i�violation of any law,ordinance,or regulation;and shall pay and
<br /> promptly discharge at Trustor's cost and expense alt liens,encumbrances and charges levied, imposed or assessed against the
<br /> Property or any part thereof.
<br /> 7. Eminent Domaln.Lender is hereby assigned all compensation,awards,damages and other payments or relief(hereinafter
<br /> "Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu oi
<br /> condemnation. Lender shall be entitled at its o tion to commence a ear in and rosecute in its own n m
<br /> p , pp p a e any action or
<br /> proceedings,and shali also be entitled to make any compromise or settlement in connection with such taking or damage. in the
<br /> event any portion of the Property is so taken or damaged,Lender shall have the option,in its sole and absolute discretion,to apply
<br /> all such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any
<br /> indebtedness secured hereby and in such order as Lender may determine,or to apply all such Proceeds,after such deductions,to
<br /> the restoration of the Properry upon such conditions as Lender may determine.Any application of Proceeds to indebtedness shall
<br /> not extend or postpone the due date of any payments under the Note,or cure any default thereunder or hereunder.Any unapplied
<br /> funds shall be paid to Trustor.
<br />' 8. Performance by Lender. Upon the occurrence of an Event of Default hereunder,or if any act is taken or legal proceeding
<br /> commenced which materially affects Lender's interest in the Property,Lender may in its own discretion,but without obligation to do
<br /> so,and without notice to or demand upon Trustor and without releasing Trustor from any obligation,do any act which Trustor has :
<br /> agreed but fails to do and may also do any other act it deems necessary to protect the security hereof.Trustor shall, immediately :
<br /> upon demand therefor by Lender,pay to Lender all costs and expenses incurred and sums expended by Lender in connection with I��:
<br /> the exercise b Lender of the fore oin ri hts to ether with interest th r n
<br /> Y g g g , g e eo at the default rate provided in the Note,which shall be I:
<br /> added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do
<br /> hereunder. I_
<br /> 9. Hazardous Materials. Trustor shall keep the Properry in compliance with all applicable laws, ordinances and regulations
<br /> relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws").Trustor shall
<br /> keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws(collectively referred to
<br /> herein as"Hazardous Materials").Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br /> under the Property.Trustor hereby agrees to indemnify and hold harmless Lender,its directors,officers,employees and agents,and
<br /> any successors to Lender's interest,from and against any and all claims,damages,losses and liabilities arising in connection with
<br /> the presence, use, disposal or transport of•any Hazardous Materials on, under, from or about the Property. TNE FOREGOING
<br /> WARRANTIES AND REPRESENTATIONS,AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY,SHALL
<br /> SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br /> 10. Assignment of Rents.Trustor hereby assigns to Lender the rents,issues and profits of the Property;provided that Trustor
<br /> shall,until the occurrence of an Event of Default hereunder,have the right to collect and retain such rents,issues and profits as they
<br /> become due and payable. Upon the occurrence of an Event of Default, Lender may,either in person or by agent,with or without
<br /> bringing any action or proceeding,or by a receiver appointed by a court and without regard to the adequacy of its security,enter
<br /> upon and take possession of the Property,or any part thereof,in its own name or in the name of the Trustee,and do any acts which it
<br /> deems necessary or desirable to preserve the value,marketability or rentability of the Property,or any part thereof or interest therein,
<br /> increase the income therefrom or protect the securiry hereof and, with or without taking possession of the Property, sue for or
<br /> otherwise collect the rents, issues�and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br /> expenses of operation and collection including attorneys'fees,upon any.indebtedness secured hereby,all in such order as Lender
<br /> may determine.The entering upon and taking possession of the Properry,the collection of such rents,issues and profits and the
<br /> application thereof as aforesaid, shall not cure or waive any default or notice�of default hereunder or invalidate any act done in
<br /> response to such default or pursuant to such notice of default and,notwithstanding the contin�ance in possession of the Property or
<br /> the collection, receipt and application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every right
<br /> provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default,including without limitation the right
<br /> to exercise the power of sale.Further,Lender's rights and remedies under this paragraph shall be cumulative with,and in no way a
<br /> limitation on,Lender's rights and remedies under any assignment of leases and rents recorded against the Property.Lender,Trustee
<br /> and the receiver shall be liable to account only for those rents actually received.
<br /> 11. Events ot beiault. The following shall constitute an Event of Default under this Deed of Trust:
<br /> (a) Failure to pay any installment of principal or interest of any other sum secured hereby when due;
<br /> (b) A breach of or default under any provision contained in the Note,this Deed of Trust,any of the Loan Instruments,or any
<br /> other lien or encumbrance upon the Property; :
<br /> (c) A writ of execution or attachme�t or any similar process shall be entered against Trustor which shall become a lien on
<br /> the Property or any portion thereof or interest therein;
<br /> (d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other
<br /> statute,law or regulation relating to bankruptcy,insolvency or other relief for debtors;or there shall be appointed any trustee,
<br /> receiver or liquidator oi Trustor or Borrower or of all or any part of the Property,or the rents,issues or profits thereoi,or Trustor
<br /> or Borrower shall make any general assignment for the benefit of creditors;
<br /> (e) The sale,transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the
<br /> Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shall be
<br /> permitted to execute a lease of the Property that does not contain an option to purchase and the term of which does not exceed
<br /> one year;
<br /> (� Abandonment of the Property; or '�` ' R�
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