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��1�0�161
<br />DEED OF TRUST
<br />Loan No: 101250661 (Continued)
<br />Page 2
<br />TRUSTOR'S WAIVERS. Trustor weives all rights or defenses erising by reason of eny "one action" or "enti-deflciency"
<br />law, or eny other law which may prevent Lender from bringing eny ection egainst Trustor, including a cleim for
<br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any fareclosure action, either judicially or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower end Trustor shall perform all their
<br />respective obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor egree that Borrower's end Trustor's
<br />possession and use of the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of en Event of Default, Trustor may (7) remein in possession and
<br />control of the Property; (2) use, operate or manege the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform ell repairs,
<br />replacements, and maintenence necessery to preserve (ts value.
<br />Compliance With Environmental Laws. Trustor represents and warrents to Lender that: (1) During the period of
<br />Trustor's ownership of the Properry, there has been'no use, generation, manufacture, storage, treatment, d(sposal,
<br />release or threatened release of eny Hazardous Substance by any person on, under, about 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 writ(ng, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Subatence
<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 eny kind by eny person releting to such matters; and (3) Except as previously
<br />disclosed to and ecknowledged by Lender in writing, (a) neither Trustor nor any tenant, contrector, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazerdous
<br />Substance on, under, about or from the Properry; end (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations end ordinances, lncluding without limitation 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 shall 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 representatlons 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 liable for cleanup or other costs under
<br />any such laws; and 12) agrees to indemnify, defend, end hold harmless Lender against any and all claims, losses,
<br />liabilities, dameges, penalties, end 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 any 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 and the satisfaction
<br />and reconveyence of the lien of this Deed of Truat and shall not be effected by Lender's acquisition of eny interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not ceuse, conduct or permit eny 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 generelity of the
<br />foregoing, Trustor wilt not remove, or grant to eny other perty the right to remove, any timber, minerals (including
<br />oil and ges), coal, clay, scoria, 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. 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 F�ter. Lender and Lender's agents and representatfves mey 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 Governmental Requlrements. Trustor shell promptly comply with ell 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 limitation, the Americans �th Disabilities Act. Trustor may contest in good faith eny
<br />such law, ordinance, or reguletion and withhold compliance during any proceeding, including appropriate appeals,
<br />so long as Trustor has notified Lender in wr(ting 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 adequete security 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 shell do ali 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 necessary to protect and preserve the Properry.
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