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Loan No: 101247796 D E Con�t nued) 2 � 12 0 ��- �� P� a
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shell pay to Lender ell
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession end use of the
<br />Property shell be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remafn in possession and
<br />control of the Property; (2) use, operate or menage the Property; and (3) collect the Rents from the Properry.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessery to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents end warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been na use, generetion, manufacture, storege, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except es previously disclosed to and
<br />ecknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generetion, menufecture, storage, treatment, disposel, release or threatened release of any Hazerdous Substance
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or Ic) any actual or
<br />threatened litigetion or claims of any kind by any person releting to such matters; and (3) F�ccept as previously
<br />disclosed to end acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Properry shall use, generete, manufacture, store, treat, dispose of or release eny Hazardous
<br />Substance on, under, about or from the Property; and (b) any such ectivity shall be conducted in compliance with
<br />ell applicable federel, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its egents to enter upon the Property to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of tha Deed of Trust. Any inspections or tests mede by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibiUty or liebility on the part of Lender to Trustor or
<br />to eny other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Properry for Hazardous Substances. Trustor hereby (1) releases and weives any future claims
<br />against 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, and hold harmless Lender against any end ell claims, losses,
<br />liabilities, dameges, 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 wes or should heve been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligation to indemnify and detend, shell survive the payment of the Indebtedness and the satlsfectlon
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any fnterest
<br />in the Properry, whether by foreclosure or otherwise.
<br />Nuisance. Waste. Trustor shall not ceuae, conduct or permit any nuisance nor commit, permit, or suffer eny
<br />stripping of or waste on or to the Property or any portion of the Property. �thout 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 eny 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 et 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 end to inspect the Real Property for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmentel Requirements. Trustor shall promptly comply with all laws, ordinences, and
<br />regulations, now or hereafter in effect, of all governmental authorities appliceble to the use or occupancy of the
<br />Property, including without limitetion, the Americans With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceed(ng, including appropriate appeals,
<br />so long as 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 ere not jeopardized. Lender may require Trustor to post adequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor egrees neither to abandon or leave unattended the Property. Trustor shall do ell other
<br />acts, 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 />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immedietely due end payable all sums
<br />secured by this Deed of Trust upon the sele or trensfer, without Lender's prior written consent, of all or any part of the
<br />Real Property, or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Properry; whether legel, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contrect for deed, leasehold interest with a
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