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<br />2�120210�
<br />DEED OF TRUST
<br />Lo�n No: 101250646 (Continued)
<br />Page 2
<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 provtsions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession end
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condit(on and promptly perform ell repeirs,
<br />replacements, and maintenance necessary to preserve its value.
<br />CompUance With Environmental Laws. Trustor represents end werrants to Lender that: (1) During the perfod of
<br />Trustor's ownership of the Property, there has been no use, generetion, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazerdous Substence by any person on, under, about or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there hes been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmentel Laws, (b) eny use,
<br />generetion, menufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by any prtor owners or occupants of the Property, or (c) any ectual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenent, contractor, agent or other
<br />authorized user of the Property shall use, generate, menufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />ali applicable federel, state, and local laws, regulations and ordinences, including without limitation ell
<br />Environmental 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 appropriate to determine compliance of the
<br />Property w(th this section of the Deed of Trust. Any inspectiona or tests made by Lender shell 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 representations and warranties contained herein are based on Trustor's 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 Ilable for cleanup or other costs under
<br />any such taws; and (2) egrees to indemnify, defend, end hold harmless Lender egainst any and all claims, losses,
<br />liabilities, demages, penalties, and expenses wh(ch Lender mey directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storege,
<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 section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />end reconveyence of the I(en of this Deed of Trust and shall not be affected by Lender's acquisition of eny (nterest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nulsance, 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 eny portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grent to eny other party the right to remove, any timber, minerals (including
<br />oil and gas1, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove eny 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 af at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property et ell
<br />reasonable t(mes to attend to Lender's interests end 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 Qovernmental Requirements. Trustor shall promptly comply with all laws, ordinancea, and
<br />reguletions, now or hereafter In effect, oF all governmental authorities appliceble to the use or occupency of the
<br />Property, including without limitation, the Americans With D(sab(lities Act. Truator may contest in good feith any
<br />such lew, ordinance, or regulation and withhold complience during any proceeding, including appropriate eppeels,
<br />so long as Trustor has notified 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 edequate security or e surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to ebandon or leave unattended the Property. Trustor shall do all other
<br />acts, in addition to those ects set forth above in this section, which from the character and use of the Property are
<br />reasonably necessery to protect and preserve the Property.
<br />Construction Loan. If some or all of the proceeds of the loan creat(ng the Indebtedness ere to be used to construct
<br />or complete construction of any Improvements on the Property, the Improvements shall be completed no later than
<br />the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Truator shall pay in full
<br />all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms end
<br />conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shall
<br />have priority over all possible liens, including those of ineterial suppliers and workmen. Lender may require, among
<br />other things, that disbursement requests be aupported by receipted bills, expenae affidevits, waivers of liens,
<br />construction progress reports, and such other documentation es Lender may reasonably request.
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