Laserfiche WebLink
20�2���7� <br />DEED OF TRUST <br />Loan No: 101253466 (Continued) <br />Page 2 <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER TNE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWIN(i TERMS: <br />PAYMENT AND PERFORMANCE. Except es otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, end shall strictly end in a timely manner perform all of <br />Trustor's obligetions under the Note, this Deed of Trust, end the Releted Documents. <br />POSSESSION AND MAINTENAIVCE OF THE PROPERTY. Trustor agrees that Trustor's possession end use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of en Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, operate or manege the Properry; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition end promptly perform ell repairs, <br />replecements, and maintenance necessary to preserve its value. <br />Complience Wtth Environmental Lews. Trustor represents and werrants to Lender thet: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generetion, manufecture, storage, treatment, disposal, <br />retease or threatened release of eny Hazardous Substance by any person on, under, about or ftom the Property; <br />(2) Trustor has no knowledge of, or reason to believe thet there has been, except as previously disclosed to end <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmentel Laws, (b) any use, <br />generation, manufecture, storage, treatment, disposel, release or threetened releese of any Hazardous Substence <br />on, under, ebout or from the Property by any prior owners or occupants of the Property, or (c) eny actual or <br />threatened litigation or claims of any kind by any person releting to such metters; end (3) Except es previously <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor eny tenant, contractor, agent or other <br />authorized user of the Property shall use, generete, menufacture, store, treat, dispose of or release any Hazerdous <br />Substence on, under, about or from the Property; and (b) eny such activity shall be conducted in compliance with <br />all applicable federel, state, and locel laws, regulations and ordinances, including without Iimitetion all <br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to meke such <br />inspections end tests, et Trustor's expense, as Lender mey 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 liability 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 Hezardous Substances. Trustor hereby (1) releases and waives any future cleims <br />against Lender for indemnity or contribution in the event Trustor becomes Ueble for cleanup or other costs under <br />any such laws; and (2) agrees to indemnify, defend, and hold hermless Lender egainst eny end all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting irom <br />a breach of this section of the Deed of Trust or es e consequence of eny use, generetion, manufacture, storage, <br />disposal, releese or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or <br />not the seme was or should have been known to Trustor. The provisfons of this section of the Deed of Trust, <br />including the obligation to indemnify end defend, shall survive the payment of the Indebtedness and the satisfaction <br />and recanveyance of the lien of this Deed of Trust end shall not be affected by Lender's ecquisltion of any interest <br />in the Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any <br />stripping of or weste on or to the Property or any portlon of the Property. Without limiting the generality of the <br />foregoing, Trustor will not remove, or grant to any other perry the right to remove, any timber, minerals (including <br />oil and ges), coal, clay, scoria, soil, grevel or rock products without Lender's prior written consent. <br />Removal of Improvemente. Trustor shall not demolish or remove eny Improvements from the Real Property without <br />Lender's prior written consent. As e condition to the removal of eny Improvements, Lender may require Trustor to <br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of et least equal <br />vatue. <br />Lender's Right to Enter. Lender and Lender's egents end representatives may enter upon the Real Property at ell <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 Govemmental Requirements. Trustor shall promptly comply with aii lews, ordinences, and <br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupency of the <br />Property, including without limitation, the Americana With Disabilities Act. Trustor may contest in good feith any <br />such lew, ordinance, or reguletion end withhold compliance during any proceeding, (ncluding appropriate eppeels, <br />so long es Trustor has notified Lender in writing prior to doing so end so long es, in Lender's sole opinion, Lender's <br />interests in the Property are not jeopardized. Lender mey 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 shell do all other <br />ects, in eddition to those acts set forth above in this section, whlch from the character end use of the Property are <br />reasonably necessary to protect and preserve the Property. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and peyeble all sums <br />