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201201104
<br />Loan No: 101249434
<br />DEED OF TRUST
<br />(Continued)
<br />Page 2
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property end 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 OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS QIVEN AND ACCEPTED ON THE FOLLOWINQ TERMS:
<br />� PAYMENT AND PERFORMANCE. Except as otherwise provided in thts Deed of Trust, Trustor ahall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and ahall strictly and in e timely manner perfarm all of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documenta.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be governed by the following provlsiona:
<br />Possession end Use. Unt(I the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Property; (2) use, operate or menege the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truator shall maintain the Properry fn tenanteble condition end promptly perform all repairs,
<br />replacements, and maintenence necessary to preaerve its value.
<br />Compliance With Environmentel Laws. Trustor representa end warrenta to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, atorege, 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 />acknowledged by Lender in writing, (a) any breach or violetion of any Environmentel Lews, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of eny Hazardous Substance
<br />on, under, about or from the Properry by any prior owners or occupants of the Property, or (c) any ectual or
<br />threatened litigation or clafms of any kind by any person releting to such matters; end (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor eny tenent, contractor, egent or other
<br />authorized user of the Property shall use, generete, manufecture, store, treat, dispose of or release eny Hazerdoua
<br />Substance on, under, about or from the Property; and (b) eny such activ(ty shall be conducted in complience with
<br />all applicable federal, state, and local taws, regulations and ordinances, includ(ng without limitation ell
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and testa, et Trustor's expense, as Lender mey deem appropriate to determine compliance ot the
<br />Property with this section of the Deed of Trust. Any inspectfons or tests mede by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or Itability on the part of Lender to Trustor or
<br />to any other person. The representations and warranties conteined herein are based on Trustor's due diligence in
<br />investigating the Property for Hezardous Substances. Trustor hereby (1) releases and waives eny 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 12) agrees to indemnify, defend, and hold harmless Lender againat any end all cleims, losses,
<br />liabilities, damagea, penalties, end expenses which Lender mey directly or indirectly sustein or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a conaequence of any use, generation, manufacture, storage,
<br />disposai, release or threatened release occurring prior to Truator's ownership or interest in the Properry, whether or
<br />not the same was or should have been known to Trustor. The provisions of thia section of the Deed of Truat,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness end the setisfaction
<br />and reconveyance of the lien of this Deed of Trust and ahall 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 permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or eny portion of the Property. Without Iimiting the generality of the
<br />foregoing, Trustor will not remove, or grent to any other party the right to remove, any timber, minerels (including
<br />oil and gas), coal, clay, scoria, soil, grevel or rock products without Lender's prior written cansent.
<br />Removal of Improvements. Trustor shell not demoliah or remove any Improvements from the Real Rroperty without
<br />Lender's prior written consent. As a condition to the removal of any Improvementa, Lender mey require Truator 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 agenta and rapresentativea may enter upon the Real Property et ell
<br />reasonable times to attend to Lender's interests and 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 Qovernmernal Requirements. Trustor shall promptly comply with all laws, ordinences, end
<br />regulations, now or hereafter in effect, of all governmente� euthorities applicable to the use or occupency of the
<br />Property, including without Iimitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or reguletion and withhold compliance during any proceeding, including appropriate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so and so long es, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender mey require Trustor to post adequate security or a aurety
<br />bond, reasonably sat(sfectory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor egreea neither to ebendon or leave unattended the Properry. Trustor shell do all other
<br />ects, in eddition to those ects set forth above in thia aection, which from the charecter and use of the Property are
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