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201202
<br />DEED OF TRUST
<br />Loan No: 101251021 (Continued)
<br />P�ge 2
<br />THIS DEED OF TRUST, INCLUDING THE ASSI�NMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust es they become due, and shall strictly and in a timely manner perform all of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees thet Trustor's posseasion and use ot the
<br />Property shall ba governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (7) remain in possession and
<br />control of the Property; (2) use, operete or menage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintein the Property in tenantable condition and promptly perform all repairs,
<br />replecements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there hes been no use, generation, manufecture, storege, treatment, disposel,
<br />release or threatened release of any Hezerdous Substence 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 writing, (a) any breach or violat(on of eny Environmentel Lews, (b) any use,
<br />generation, manufacture, storege, treatment, disposel, release or threatened release of any Hezardous Substance
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) eny actual or
<br />threatened litigetion or claims of any kind by any person relating to such metters; and (3) Except es 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, generete, 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 complience with
<br />all epplicable federal, state, and local laws, reguletions and ordinances, including without limitation ell
<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 end shell not be construed to create eny responsibility or liability on the part of Lender to Trustor or
<br />to any other person. The representations end warrantles contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hezerdous Substances. Trustor hereby (1) releases and waives eny future claims
<br />against Lender for indemnity or contribution in the event Trustor becomes lieble for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, end expenses which Lender may directly or indirectly sustein 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 obligetion to indemnify and defend, shall survive the payment of the Indebtedness end the satisfection
<br />and reconveyance of the lien of this Deed of Trust end shall not be affected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or othervvise.
<br />Nuisance, Waste. Trustor shell 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 Ifmit(ng the generelity of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, eny timber, minerals (including
<br />oil and gas1, coal, clay, scoria, soil, grevel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Properry without
<br />Lender's prior written consent. As e cond(tion to the removat of eny Improvements, Lender may require Trustor to
<br />make arrangements satlsfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender end 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 (3overnmental Requiremer�ts. Trustor shall promptly comply with all lews, 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 timitation, the Americans With Disebilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold complience during eny 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 so�e opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post adequete security or e surery
<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 ell 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 Property.
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