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2012017�5
<br />DEED OF TRUST
<br />(Continued) Page 2
<br />all applicable federal, state, and local laws, regulatlons and ordinances, including without Iimitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents 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 the Deed of Trust. Any inspections or tests made by Lender shalt be for Lender's
<br />purposes only and shall not be construed to create any responsibility or Ilability on the part of Lender to Trustor or
<br />to any other person. The representations and warranties contained herein are based on Trustors due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives 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 agalnst any and all claims, losses,
<br />IiabiUties, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resutting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to TrustoPs 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 indemnliy and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisftion 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 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 tfmber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvemen�. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's p�for w�itten consent. As a condition to the removal of any Improvements, Lender may require Trustor to
<br />make aRangements 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 Properiy for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Govemmental Requlrements. Trustor shall prompUy comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br />Property, including without Iimitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<br />so long as Trustor has not�ied Lender (n w�iting 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 secu�ity or a surety
<br />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 />acts, in addftfon 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 />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of thfs Deed of
<br />Trust:
<br />Payment Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br />shall maintain the Property free of all liens having 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 and except as othervvise provided in this Deed of
<br />Trust.
<br />Right to Contesk Trustor may withhold payment of any tax, assessment, or claim in connection with a good fatth
<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 flfteen (15) days after the lien arises or, if a lien fs flled,
<br />within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposR with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the Iien. In any contest, Trustor shalt defend itself and Lender and shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an addit(ona� obligee
<br />under any surety bond fumished in the contest proceedings.
<br />Evidence of Payment Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any time a written
<br />statement of the taxes and assessments against the Property.
<br />Notice of Constructfon. Trustor shall notify Lender at least flfteen (15) days 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 materfals. Trustor will upon request of Lender
<br />furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br />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 maintain policies of flre insurance with standard extended
<br />coverage endorsements on a fair value bas(s for the full insurable value cove�ing all Improvements on the Real
<br />Property in an amount sufficient to avofd application of any coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br />coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br />liability insurance policies. Additfonally, Trustor shall maintain such other insurance, including but not limited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in
<br />form, amounts, coverages and basis reasonably acceptable to Lander and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of lender, will deliver to Lender from time to time the
<br />policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be
<br />cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also
<br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act,
<br />omission or default of Trustor or any other person. Should the Real Property be located in an area designated by
<br />the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain
<br />and maintain Federal Flood Insurance, if available, within 45 days after notic� is given by Lender that the Property
<br />is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior Ilens on the
<br />property securing the loan, up to the maximum policy Iimits set under the National Flood Insurance Program, or as
<br />otherwise requlred by Lender, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall prompUy notify Lender of any loss or damage to the Property. Lender may
<br />make proof of loss if Trustor fails to do so within fffteen (15) days of the casualty. Whether or not Lender's
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