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DEED OF TRUST 2 0� 2 014 2�
<br />(Continued) Page 2
<br />(2) Trustor has no knowledge of, or reason to believe thet there has been, except as previously disclosed to and
<br />ecknowledged by Lender in writing, (a) any breach or violation of any Environmental Lews, (b) any uae,
<br />generation, menufacture, storege, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by eny person relating to such matters; and (3) Except es previously
<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, generate, menufacture, store, treat, dispose of or release eny Hazardous
<br />Substance on, under, about or from the Property; and (b) any such ectivity shell be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations end ordinances, including without limitation all
<br />Environmentel Laws. Trustor authorizes Lender and its agents to enter upon the Property to meke such
<br />inspections and tests, at Trustor's expense, as Lender may deem eppropriete to determine compliance af 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 pert of Lender to Trustor or
<br />to any other person. The representations and warranties conteined herein are based on Trustor's due dilfgence in
<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; and (2) agrees to indemnify, defend, and hold harmless Lender against any and ali claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer reaulting fr,om
<br />a breach of this section of the Dead of Trust or as a consequence of any use, generetion, manufacture, storage,
<br />disposal, release or threatened release accurring prior to Trustar'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 section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the paymant of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be effected by Lender's ecquisition of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Weste. 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 any portion of the Propeny. 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 shell 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 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, ordine�ces, end
<br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br />Property. Trustor may contest in good faith eny such law, ordinence, or regulation end withhald complience during
<br />any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br />and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
<br />Trustor to past adequate security or e surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br />ects, in eddition to those acts set forth above in this section, which from the character and use of the Property ere
<br />reasonably necessary to protecY and preserva the Property.
<br />TAXES AND LIENS. The following provisions releting to the taxes and liens on the Property ere part of this Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, speciel taxes, assessments,
<br />charges (including weter and sewer), fines end impositions levied ageinst or on eccount of the Property, end shall
<br />pay when due all cleims for work done on or for services rendered or materiel furnished to the Properry. Trustor
<br />shall meintain 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 and assessments not due end except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good feith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days efter the lien arises or, if a lien is filed,
<br />within fifteen (15) days efter 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 en
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other cherges that could accrue es e
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustar shall neme Lender as en additional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of peyment of the taxes
<br />or assessments end shall authorize the appropriate governmental officiel to deliver to Lender at any time a written
<br />statement of the taxes and assessments against tha Property.
<br />Notice of Construction. Trustor shall notify Lender et least fifteen (15) deys 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 and the cost exceeds 81,000.00.
<br />Trustor will upon request of Lender furnish to Lender advance assurences satisfactory to Lender that Trustor cen
<br />and will pay the cost of such 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 and meintain policies of fire insurance with standerd extended
<br />coverage endorsements on e fair value basis for the full insurable value covering all Improvements on the Real
<br />Property in en amount sufficient to evoid application of any coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender, together wlth such other hezerd and liability insurance es Lender mey reasonably require.
<br />Policies shall ba written in form, amounts, coverages and besis reasonably acceptable to Lender end issued by a
<br />company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br />from time to time the policies or certificates of insurance in form satisfectory to Lender, including stipulations that
<br />coverages will not be cancelled or diminished without at least ian (10) deys prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired
<br />in any way by eny act, omission or default of Trustor or any other person. Should the Real Property be located in
<br />an area designated by the Director of the Federel Emergency Management Agency as a special flood hazard area,
<br />Trustor agrees to obtain and maintain Federal Flood Insurance, if availeble, for the full unpaid principal balance of
<br />the loan and eny prior liens on the property securing the loen, up to the meximum policy limita set under the
<br />National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurence for the term
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