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(c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all regulatioqs promuigated thereunder)and all zoning and building laws and regulations relating to the Property by virtue of any federal,state or municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all rights, licenses, perrruts, and certificates of occupancy(including but not lirr�ted to zoning variances, special exceptions for nonconforming uses, and final inspection� approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently are and shall be obtained,� preserved and,where necessary,renewed; ; � (d) Grantor has the right and is duly authorized to execute and perform its Obligations under this Deed of Trust and these actions do not and shall n�,� conflict with the provisions of any statute,regulation,ordinance,rule of law,contract or other agreement which may be binding on Grantor at any time; (e) No action or proceeding is or shall be pending or ihreatened which might materially affect the Property;and � (f) Grantor has not violated and shall not violate any statute,regulation,ordinance,rule of law,contract or other agreement(including,but not limited to, 1� those goveming Hazardous Materials)which might materially affect the Property or Lender's rights or interest in the Property pursuant to this Deed of � Trust. 3. PRIOR DEEDS OF TRUST. Grantor represenis and warrants that ihere are no prior deeds of irust affecting any part of the Property except as set forth� on Schedule B ariached to this Deed of Trust,which Gramor agrees to pay and perform in a timely manner. If ihere are any prior deeds of trust then Grantor agrees to pay all amounts owed,and perform all obligations required,under such deeds of trust and the indebtedness secured thereby and further agrees that a default under any prior deed of trust shall be a default under this Deed of Trust and shall entitle Lender to all rights and remedies contained herein or in the Obligations to which Lender would be entitled in the event of any othe�default. 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In ihe event of a sale,conveyance, lease, contract for deed or transfer to any person of all or any part of the real property described in Schedule A,or any interest therein,or of all or any beneficial interest in Borrower or Grantor(if Bonower or Grantor is not a natural person or persons but is a corporation,limited liability company,partnership,irust,or other legal entity),Lender may,at fls option dedare the outstanding principal balance of the Obligations plus accrued interest thereon inx�rediately due and payable. At Lender's request,Grantor or Borrower,as the case may be,shall furnish a complete statement setting forth all of its stockholders,members,or partners,as appropriate,and the extent of their respective ownership interests. 5. ASSIGNMENT OF RENTS. In consideration of the Obligations,which are secured by this Deed of Trust, Grantor absolutely assigns to Lender all Grantor's estate, right, title, interest, claim and demand now owned or hereaRer acquired in all existing and future leases of the Property (including extensions,renewals and subleases),all agreements for use and occupancy of the Property(all such leases and agreements whether written or oral,are hereafter referred to as the"Leases"),and all guaranties of lessees'performance under the Leases,together with the immediate and continuing right to collect and receive all of the rents,income,receipts,revenues,issues,profits and other income of any nature now or hereafler due(including any income of any nature coming due during any redemption period) under the Leases or from or arising out of the Property including rr�nimum rents,additional rents, percentage rents, parlcing or corrxnon area maintenance contributions, tax and insurance cont�ibutions, deficiency rents, flquidated damages following defauft in any Lease, all proceeds payable under any policy of insurance covering loss of renis resulting from untenantability caused by desiruction or damage to the Property, all proceeds payable as a result of a lessee's exercise of an option to purchase ihe Property, all proceeds derived from ihe termination or rejection of any Lease in a bankruptcy or other insolvency proceeding,and all proceeds from any rights and claims of any kind which Grantor rr�y have against any lessee under the Leases or any occupants of the Property(all of the above are hereafter collectively referred to as the"Renis"). This assignment is subject to the right,power and authority given to the Lender to collect and apply ihe Rents. This assignment is recorded in accordance with applicable state law;the lien created by this assignment is intended to be specific,perfected,and choate upon ihe recording of this Deed of Trust, all as provided by applicable state law as amended from time to time. As long as ihere is no default under the Obligations or this Deed of Trust, Lender granis Grantor a revocable license to collect all Rents from the Leases when due and to use such proceeds in Grantor's business operations. However,Lender may at any time require Grantor to deposit all Rents into an account maintained by Grantor or Lender at Lender's institution. Upon default in the payment of,or in the performance of,any of ihe Obligations,Lender may at its oplion take possession of ihe Property and have,hold,manage,lease and operate the Property on terms and for a period of time that Lender deems proper. Lender may proceed to collect and receive all Rents from the property,and Lender shall have full power to make alterations,renovations,repairs or replacements to the Property as Lender may deem proper. Lender may apply all Rents in Lender's sole discretion to payment of the Obligations or to the payment of the cost of such alterations, renovations, repairs and replacements and any expenses inciderrt to taking and retaining possession of the Property periodically and the management and operation of ihe Property. Lender may keep the Property properly insured and may discharge any taxes,charges,claims,assessments and other liens which may accrue. The expense and cost of these actions may be paid from the Rents received,and any unpaid amounts shall be added to the principal of the Obligations. These amounts,together with other costs,shail become part of the Obligations secured by this Deed of Trust. 6. USE AND MAINTENANCE OF PROPERTY. Grantor shall take all actions and make any repairs needed to maintain the Property in good condition. Grantor shall not commit or permit any waste to be committed with respect lo the Property. Grantor shall use the Property solely in corr�liance with appiicable law and insurance policies. Grantor shall not make any alterations, additions or improvements to the Property without Lender's prior written consent. Without limiting the foregoing,ali alterations,additions and improvements made to the Property shall be subject to the beneficial interest belonging to Lender,shall not be removed without Lender's prior written consent,and shall be made at Grantor's sole expense. 7. LOSS OR DAMAGE. Grantor shall bear the entire risk of any loss,theft,destruction or damage(cumulatively"Loss or Damage")to the Property or any portion thereof from any cause whatsoever. In the event of any Loss or Damage,Grantor shall,at the option of Lender,repair ihe affected Property to its previous condition or pay or cause to be paid to Lender the decrease in the fair market value of the affected Property. 8. INSURANCE. The Property will be kept insured for its full insurable value(replacement cost)against all hazards including loss or damage caused by flood, earthquake, tornado and fire, thefl or other casualty to the extent required by Lender. Grantor may obtain insurance on the Property from such companies as are acceptable to Lender in its sole discretion. The insurance policies shall require the insurance company lo provide Lender with at least 3 0 days'written notice before such policies are altered or cancelled in any manner. The insurance policies shall name Lender as a loss payee an prow e that no act or omission of Grantor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the loss or damage of the Property. In the event Grantor fails to acquire or maintain insurance,Lender(after providing notice as may be required by law)may in fts discretion procure appropriate insurance coverage upon the Property and the insurance cost shall be an advance payable and bearing interest as described in ihe "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and secured hereby. Grantor shall furnish Lender with evidence of insurance indicating the required coverage. Lender may act as attorney-in-fact for Grantor in making and seriling claims under insurance �licies,cancelling any policy or endorsing Grantor's name on any draft or negotiable instrument drawn by any insurer. All such insurance policies shall be ;mmediately assigned,pledged and delivered to Lender as furlher security for the Obligations. In the event of loss,Grantor shall immediately give Lender written notice and Lender is authorized to make proof of loss. Each insurance company is directed to make payments directly to Lender instead of to Lender and Grantor. Lender shall have the right, at its sole option, to apply such monies toward the Obligations or toward the cost of rebuilding and restoring the Property. Any amourtts may at Lender's option be applied in ihe inverse order of ihe due dates thereof. 9. ZONING AND PRIVATE COVENANTS. Grantor shall not initiate or consent to any change in ihe zoning provisions or private covenants affecting the use of the Property without Lender's prior wririen consent. If Grantor's use of ihe Property becomes a nonconforming use under any zoning provision, Grantor shall not cause or permit such use to be discontinued or abandoned without the prior written consent of Lender. Grantor will irmiediately provide Lender with written notice of any proposed changes to the zoning provisions or private covenants affecting the Property. 10. CONDEMNATION. Grantor shall irtwnediately provide Lender with written notice of any actual or threatened condemnation or eminent domain proceeding pertaining to ihe Property. All monies payable to Grantor from such condemnation or taking are hereby assigned to Lender and shali be applied first to ihe paymenl of Lender's attorneys'fees,legal expenses and other costs(including appraisal fees) in connection with the condemnation or eminent domain proceedings and ihen,at the option of Lender,to the payment of the Obligations or the restoration or repair of ihe Property.