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DEED OF TRUST 2 O 12 O O O S G
<br />Loan No: 11089283 (Continued) Page 2
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future cleims
<br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; end (2) agrees to indemnify, defend, and hold hermless Lender against any end all claims, losses,
<br />liabilities, damages, penalties, and expenses wh(ch Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a 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 seme was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the abligation to indemnify and defend, ahell survive the payment of the Indebtedness and the satisfaction
<br />and reconveyence 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 ceuse, canduct or permit 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 any other party the right to remove, any timber, minerals (including
<br />oil and 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
<br />Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br />reasonable times to attend to Lender's interests and to inspect the Real Propeny for purposes of Trustor's
<br />compliance with the terms end conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shell promptly comply with all laws, ordinances, end
<br />regulations, now or hereafter in effect, of all governmentel authorities epplicable to the use or occupancy of the
<br />Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith eny
<br />such law, ordinance, or reguletion end withhold compliance during any proceeding, including appropriate appeals,
<br />so long es Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeoperdized, Lender may require Trustor to post adequete security or e surety
<br />bond, reasonably setisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees nefther to ebandon or leave unattended the Property. Trustor shall do ell other
<br />ects, in addition to those acts set forth above in this section, which from the character and use of the Property are
<br />reasonably necessary to protect and preserve the Property.
<br />Construction Loan. If some or all of the praceeds of the loan creating the Indebtedness are to be used to construct
<br />or complete construction of any Improvements on the Propeny, the Improvements shall be completed no later than
<br />the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Trustor shall pay in full
<br />all casts and expenses in connection with the work. Lender will disburse loan proceeds under such terms end
<br />conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shell
<br />have priority over all possible liens, including those of material suppliers end workmen. Lender may require, among
<br />other things, that disbursement requesta be supported by receipted bills, expense affidavits, waivers of liens,
<br />construction progress reports, and such other documentation as Lender may reasonably request.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br />charges linciuding water and sewer), fines and impositions levied ageinst or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br />shall maintain the Property free of all liens heving priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien of taxes end assessments not due and except es otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold peyment of any tax, assessment, or claim in connection with a good faith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien erises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien erises or, if a lien is filed,
<br />within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs end ettorneys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the lien. In eny contest, Trustar shall defend itself end Lender and shell aetisfy
<br />eny adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furniah to Lender satisfactory evidence of payment of the taxes
<br />or assessments and shall authorize the eppropriete governmental officiel to deliver to Lender et any time a written
<br />statement of the taxes and assessments against the Property.
<br />Notice of Conatruction. Trustor shall notify Lender et least fifteen (15) days before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender edvance assurances setisfactory to Lender thet Trustor can and will pay the cost of such
<br />improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure end maintain policies of fire insurance with standard extended
<br />coverage endorsements on a feir value basis for the full insurable value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid epplicetion of any coinsurence clause, and with a standard mortgegee
<br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br />coverage amounts as Lender mey request with Trustee and Lender being named as additional insureds in such
<br />liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies ehall be written in
<br />form, amounts, coverages and basis reasonably eccepteble to Lender end issued by a compeny or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the
<br />policies or certificates of insurence in form satisfectory to Lender, including stipulationa that coverages will not be
<br />cencelled or diminished without at least ten (10) days prior written notice to Lender. Eech inaurence policy aiso
<br />shall include an endorsement providing that coverege in fevor of Lender will not be impaired in any wey by any act,
<br />omission or default of Trustor or eny other person. Should the Real Property be located in an erea designated by
<br />the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain
<br />and meintain Federal Flood Insurance, if evailable, for the full unpaid principal balance of the loen and eny prior
<br />liens on the property securing the loan, up to the maximum policy limits set under the Netional Flood Insurance
<br />Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan.
<br />Applicatian of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may
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