|
�a12Q�1��
<br />DEED OF TRUST
<br />Loan No: 101249944 (Continued)
<br />Page 2
<br />amounts secured by this Deed of Trust as they become due, and shall atrictly end in e timely menner perform ali 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 poasession end use of the
<br />Property shall be governed by the following provisions:
<br />Possession end Use. Until the occurrence of an Event of Defeult, Trustor may (1) remein in possession and
<br />controt of the Property; 12) use, operate or menage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantabie condition and promptly perform all repeirs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Complience With Environmentel Laws. Trustor represents end warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufecture, storege, 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 as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) eny use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of eny Hezerdous Substance
<br />on, under, about or from the Property by any prior owners or occupents of the Property, or (c) eny actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; end (3) Except as 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, manufacture, store, treat, dispose of or release eny Hazardoua
<br />Substance on, under, about or from the Property; and (b) eny such activity shell be conducted in compliance with
<br />all epplicable federal, state, and local laws, regulations and ordinences, including without limitatlon ell
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections end 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 shall be for Lender's
<br />purposes only end shall not be construed to create eny responsibility or liability on the part of Lender to Trustor or
<br />to any other person. The representations and warranties contained herein are besed on Trustor's due diligence in
<br />investigating the Property for Hazerdous Substances. Trustor hereby (1) releases and weives eny future claims
<br />ageinst Lender for indemnity or contribution in the event Trustor becomes lieble for cleanup or other costs under
<br />any such laws; and (Z) agrees to indemnify, defend, and hold harmless Lender against eny and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of eny use, generation, manufacture, storage,
<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 peyment of the Indebtedness end the satisfaction
<br />end reconveyance of the lien of thls Deed of Trust and shell not be affected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nulsance, Waste. Trustor shall not cause, conduct or permit any nuisence nor commit, permit, or suffer eny
<br />stripping of or waste on or to the Properry or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to eny other perty the right to remove, any timber, minerals (including
<br />oil and gas1, coal, clay, scorie, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. Aa a condition to the removal of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replece such Improvements with Improvements of et least equal
<br />value.
<br />Lender's Right to Errter. Lender end Lender's egents and representatives mey enter upon the Real Property et all
<br />reasonable times 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 Governmental Requirements. Trustor shell promptly 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 limitetion, the Americens With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinence, or regulet(on end withhold compliance during any proceeding, including eppropriate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's aole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post edequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor egrees neither to abandon or leave unattended the Property. Truator shall do all other
<br />acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
<br />reasonably necessery to protect end preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender mey, at Lender's option, declare immedietely due and payable all aums
<br />secured by this Deed of Trust upon the sele or transfer, without Lender's prior written consent, of ell or any part of the
<br />Real Property, or eny interest in the Real Property. A"sele or transfer" means the conveyence of Real Properry or any
<br />right, title or interest in the Real Property; whether legal, beneflciel or equitable; whether voluntary or involuntery;
<br />whether by outright sale, deed, installment sale contract, land contrect, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of eny beneficial interest in
<br />
|