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20�2�0290
<br />DEED OF TRUST
<br />Loan No: 5863616832 (COtttlt7Ued) Page 2
<br />may be or hereafter may become othervvise unenforceable.
<br />Trustor presenUy assigns to Lender (also known as Beneflciary in this De� of Trust) all of Trustors right, titie, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addi�on, Trustor
<br />grants to Lender a Unffortn Commercial Code security interest in the Personal Property and Rents.
<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 OBUGATIONS UNDER THE NOTE, THE RELATED .DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GNEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Faccept as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timaly manner perform all of
<br />Trustor's obligatlons under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Propetty shall be govemed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintaln. Trustor shall maintain the Property in tenantable condition and prompUy perform all repairs,
<br />replacements, and maintenance necessary to preserve fts value.
<br />Compliance Wtth Environmerrtal Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatrnent, 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 as prevfously disGosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />genbratlon, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by any prior awners or occupants of the Property, or (c) any actual or
<br />threatened IltigaUon or claims of any kind by any person relaUng to such matters; and (3) Except as prevlously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generete, manufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) any such acUvity shall be conducted in compliance with
<br />all applirable federal, state, and local laws, regulatlons and ordinances, including wlthout limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspecUons and tests, at TrustoPs expense, as Lender may deem appropriate to determine eompliance 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 shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br />to any other person. The representaUons and waRanUes contained herein are based on Trustor's due diligence in
<br />investlgatlng the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />against Lender for indemnity or contributlon in the event Trustor becomes Ilable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br />flabilifies, damages, penalUes, and expenses which Lender may directly or indirectly sustain or suffer resulUng from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generaUon, 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 provisions of this sectlon of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satlsfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisiUon of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nulsance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />sVipping 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 tlmber, 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 conditlon 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 Rlght to EMer. Lender and Lender's agents and representatives may enter upon the Real Property at atl
<br />reasonable tlmes to attend to Lende►'s interests and to inspect the Real Property for purposes of Trustor's
<br />compliance with the terms and condi�ons of this Deed of Trust.
<br />Compliance wtth (3ovemmental Requirements. Trustor shall prompUy comply with all laws, ordinances, and
<br />regulatlons, now or hereafter in effect, of all govemmental authoriUes applicable to the use or occupancy of the
<br />Property, including without IlmitaUon, the AmeMcans With Disabilkfes Act. Trustor may �ntest in good faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceed(ng, including appropriate eppeals,
<br />so long as Trustor has notifled 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 jeopardized. Lender may require Trustor to post adequate security or a surety
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