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- DEED OF TRUST 2 012 0 0 0 41
<br />Loan No: 101247823 (Continued) Page 2
<br />may loan to Borrower or Trustor, together with ell interest thereon; however, in no event shell such future edvences
<br />(excluding interest) exceed in the aggregate 5250,000.00.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present and future leases of tha Property and all Rents from the Property. In additton, Trustor
<br />grents to Lender a Uniform Commerciel Code securlty interest in the Personel Property and Renta.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br />Borrower's request and not at the request of Lender; (b) Trustor hes the full power, right, and euthority to enter into
<br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or
<br />result in a default under any agreement or other lnstrument binding upon Trustor and do not result in a violation of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financiel condition; and (e) Lender hes mede no
<br />representetion to Trustor ebout Borrower (including without I(mitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "enif-deflciency"
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a cleim for
<br />deficiency to the extent Lender is otherwise entitled to a cleim for deficiency, before or efter Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except es otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to
<br />Lender all Indebtedness secured by this Deed of Trust es it becomes due, and Borrower and Trustor shell strictly
<br />perform all their respective oblfgetions under the Note, this Deed of Trust, end the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor egree that Borrower's and Trustor's
<br />possession and use of the Property shell be governed by the following provisions:
<br />Possession and Use. Until the occurrence of en Event of Defeult, Trustor may (1) remain in posseasion and
<br />control of the Property; (2) use, operete or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmentel Laws. Trustor represents and warrents to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generetion, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, ebout or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except es previously disclosed to end
<br />ecknowledged by Lender in writing, (a) eny breach or violation of any Environmental Laws, (b) eny use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substence
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor eny tenant, contractor, agent or other
<br />authorizeil user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) eny such activity shall be conducted in compliance with
<br />all applicable federal, stete, and local laws, regulations and ordinances, including without limitation ell
<br />Environmental Laws. Trustor authorizes Lender end its agents to enter upon the Property to meke such
<br />inspections and tests, et Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shell not be construed to create any reaponsibility or liebility on the part of Lender to Trustor or
<br />to any other person. The representations and warrantles contained herein ere based on Trustor's due diligence in
<br />investigeting the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />egainst Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, end hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as e consequence of any use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest In the Property, whether or
<br />not the same was or should have been known to Trustor. The provtsions of this section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permlt any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to eny other party the right to remove, any timber, minerals (including
<br />oil end gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
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