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DocuSign Envelope ID:758215CF-OA18-45F8-8807-AB90F35D5BA2 <br /> and tear excepted) and will not commit or permit any waste or other loss whereby the value of <br /> the Premises might be impaired. <br /> 5. Compliance with Laws. Borrower shall promptly comply with any applicable legal <br /> requirements of the State of North Carolina or other governmental entity, agency or <br /> instrumentality relating to the use or condition of the Premises. <br /> 6. Advancements by Lender. If Borrower shall be in default in the timely payment or <br /> performance of any obligation under the Loan Documents, Lender, at its option, may pay the <br /> sums for which Borrower is obligated. Further, Lender, at its option, may advance, pay or <br /> expend such sums as may be proper and necessary for the protection of the Premises and the <br /> maintenance of this trust, including but not limited to sums to satisfy taxes or other levies, and <br /> assessments and/or liens, to maintain insurance (including title insurance) and to make repairs. <br /> Any amounts so advanced, paid or expended shall be deemed principal advances secured by this <br /> Deed of Trust (even though when added to other advances the sum thereof may exceed the face <br /> amount of the Note), shall bear interest from the time advanced, paid or expended at the rate of <br /> ten percent per year or such higher rate as may be prescribed in the Note, and be secured by this <br /> Deed of Trust and its payment enforced as if it were a part of the original debt. Any sum <br /> expended, paid or advanced under this paragraph shall be at Lender's sole option, shall be due <br /> and payable on demand and shall not constitute a waiver of any default or right arising from the <br /> breach by. Borrower or any covenant or agreement contained in the Loan Documents. <br /> 7. Attorney's Fees. If Borrower shall default in its obligations under the Loan <br /> Documents and in the opinion of Lender it becomes necessary or proper to employ an attorney to <br /> assist in the enforcement or collection of the indebtedness owed by Borrower to Lender, or to <br /> enforce compliance by Borrower with any of the provisions of the Loan Documents, or in the <br /> event Lender or Trustee voluntarily or otherwise shall become a party or parties to any suit or <br /> legal proceeding (including a proceeding conducted under the Bankruptcy Act), then in order to <br /> protect the Premises herein conveyed, to protect the lien of this Deed of Trust, to enforce <br /> collection of the indebtedness owed by. Borrower to Lender, or to enforce compliance by <br /> Borrower with any of the provisions of the Loan Documents, Borrower agrees to pay reasonable <br /> attorney's fees and all the costs that may reasonably be incurred, and such fees and costs, shall be <br /> secured by this Deed of Trust and its payment enforced as if it were a part of the original debt, <br /> Borrower shall be liable for such reasonable attorney's fees and costs whether or not any suit or <br /> proceeding is commenced. Reasonable attorney's fees shall be limited to fees for expenses <br /> actually incurred and time actually spent at standard hourly rates. <br /> 8. Substitute Trustees. Lender shall have the unqualified right to remove Trustee and to <br /> appoint one or more substitute or successor trustees by instruments filed for registration in the <br /> Office of the Register of Deeds where this Deed of Trust is recorded. Any such removal or <br /> appointment may be made at any time without notice, without specifying any reason therefore, <br /> and without any court approval. Any such appointee shall become vested with title to the <br /> Premises and with all rights, powers and duties conferred upon the Trustee herein in the same <br /> manner and to the same effect as though he were named herein as the original Trustee. <br /> 9. Anti-Marshalling Provision. The right is hereby given by Borrower to Trustee and <br /> 26 <br />