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D E Con�t nued) � 01 ��' 3 ��� Pa9e 2,
<br />� acknowledged by Lender in writing, (a) any breach or violation of any Environmentel Laws, (b) any use,
<br />a g�eration; rrnanufacture, storage, treatment; disposal, release or threatened release of any' Hazardous Substance
<br />� on, under, about or�firom the Property by any prior owners or occUp'ants of the Property; or (c)� any actual or
<br />threatened litigation.or claims of any kind by any pe�son relating to s'uch matte�s; and'' (3) 'Except es pre'viously
<br />+ disclosed to and acknowl�dged by Lender in writing, (a) neither Trustor nor any.tena�t,:co,�tractor, agent or other
<br />, authorized user of tfie Property shall use, generate, _manufecture, stone, treat, dispose.of or release any Hazardous
<br />Substance on, urider, about or from the Property; and (b) any such activity shall be condNcted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including 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 L.ender may deem appropriate to determine compliance of the
<br />° Praperty 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 liebility 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 Substaaices. 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 (2) agrees to indemnify, defend, and hold harmless Lender against and all claims, losses,
<br />liabilities, damages, penalties, and expenses vaihich 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,�ener�s#ion m�nufactyre, stqrage,
<br />�� disposa4; releese rit tlxxe�Cen�d r�l�ese' e'acua�ir�g ��hrior'� Tri�`�tnP�"s ��vne�sFirp '��'"tntere�st: Fn t�ie �f"Operty, whbther or
<br />..:s �°nat"�'re"sa�ne�w�s"br'��buld`YtAve`beeri" krtown to Trust3�':'' The"pro��!'r�ibhs"fd� tiils'seCi70'i�''d`4'�'Fie 'D`��'d"oP'Trust,
<br />including the obligation to indemnify and defend, shall 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 otherwise.
<br />Nuisence, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffar any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (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 "r,equire 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 Enter. 'Lender and Lender's agents and.representat4ues may enter upon the Real :Property at all
<br />reasonable times 4o axtend to Lender's in#erests and to inspect�the Real Property #or purposes of Trustor's
<br />compliance with the terms and conditions of this Deed ot Trust.
<br />Compliance with Governmental Requtrements. Trustor shall prorriptly 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 limitation, the Americans With Disabilities Act, Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<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 jeoperdlzed. Lender may require Trustor to post adequate 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 shall do all other
<br />acts, in addition to those acts set forth above in this section, which from the charecter �nd use of the Property are
<br />reasonably necessary to protect and preserve the Property.
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<br />TAXES AND LIENS. The �following provisions relating to the taxes and� liens on the Property ere part of this Deed of
<br />Trust•
<br />,_itje.ii� . . :a: Oa. su .�.....- ,.. � ... �.. �� r .., �•..r, i. o p .... o�.,.. �. ..-. �.,,...�f :.1��7'p
<br />Payment. Trustor�shall�pay when due (and�in events prion:to delinquency) all taxes, special taxes, assessments,
<br />charges (including water and sewer►, fines and impositions levied against or on account of the Property, and shall
<br />pay when due all cleims for work done on or for services rendered or material furnished to the Property. Trustor
<br />shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br />Trust.
<br />Rtght to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br />dispute over the obligation to pay, so long as Lender's interest in.the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or; if a lien is filad,
<br />within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could.accrue as a
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br />under any surety bond furnished in the contest proceedings. ,
<br />Evldence of PaymQnt. Trustor shall upon demand furnish to Lender §atisfactory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br />statement of the taxes and assessments against the Property.
<br />Nottce of Constructton. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, meterialmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br />improvements.
<br />PROPEFYTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of tbis Deed of
<br />Trust.
<br />Matntenance of Insurance. Trustor shall procure and meintain policies of fire insurance with st�ndard extended
<br />coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br />coverage amounts as Lender may request wkh Trustee and Lender being named as additional insureds in such
<br />liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in
<br />form, amounts, coverages and basis reasonably acceptable to tender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the
<br />policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be
<br />cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also
<br />shall include an endorsement providing that coverage in favor of Le�der will not be impaired in any way by any act,
<br />omission or default of Trustor or any other person. Should the ReaF Property be located in an area designated by
<br />the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain
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