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DEED OF TRUST 2 012 0 3 2� 4
<br />Loan No: 101252176 (Continued) Page 2
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In eddition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property end Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br />Borrower's request and not at the request ot Lender; (b) Trustor has the full power, right, and authority to enter into
<br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or
<br />result in a default under any egreement or other fnstrument binding upon Trustor end do not result in e violation of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financiel condition; and (e) Lender has made no
<br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency"
<br />lew, or any other law which may prevent Lender from bringing eny ection egainst Trustor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to e cleim for deficiency, before or efter Lender's commencement
<br />or completion of eny foreclosure action, either judicielly or by exercise of a power of sele.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Bor�ower and Trustor shall psy to
<br />Lender all indebtednass secured by this Deed of Trust es it becomes due, end Borrower and Trustor shall strictly
<br />perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree 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 an Event of Default, Trustor may (1) remain 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 shell maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessery to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender thet: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, menufacture, storage, treatment, disposel,
<br />release or threatened release of any 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 es previously disclosed to and
<br />acknowledged by Lender in writing, (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 Substance
<br />on, under, ebout or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person releting to such matters; and (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, manufecture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, ebout or from the Properry; and (b) eny such ectivity shall be conducted in compliance with
<br />all epplicable federal, state, and local laws, regulations end ordinances, including without limitetion ell
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Properry to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem eppropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests mede by Lender shall be for Lender's
<br />purposes only and shall not be construed to create eny responsibility or Ilability on the part of Lender to Trustor or
<br />to any other person. The representations end werrenties conteined herein are based on Trustor's due diligence in
<br />investigating the Property for Hazerdous Substances. Trustor hereby (1 } releeses end waives eny future cleims
<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) egrees to indemnify, defend, end hold hermless Lender against any and all claims, losses,
<br />liebilities, demeges, penalties, and expenses which 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 eny use, generetion, 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 end defend, shell 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 acquisition of any interest
<br />in the Property, whether by foreclosure or otherw(se.
<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 eny portion of the Property. Without limiting the generelity of the
<br />foregoing, Trustor will not remove, or grant to any other perty the right to remove, any timber, minerels (including
<br />oil and gas), 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.
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