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DEED OF TRUST 2 ��- 2 0 4 8 7 7
<br />Loan No: 101253832 (Continued) Page 2
<br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to
<br />Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneflciery in this Deed of Trust) all of Trustor's right, title, end
<br />interest in and to all present end future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender e Uniform Commerciel Code security fnterest in the Personel Property and Rents.
<br />THIS DEED OF TRUST, INCLUDIN(i 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 AWD 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 es otherwise provided in this Deed of Truat, Trustor shell pey to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly end in a timely menner perform all of
<br />Trustor's obligetions under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAIN'iENANCE OF THE PROPERTY. Trustor egrees that Trustor's possession end use of the
<br />Property shell 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 menege the Property; end (3) collect the Rents from the Property.
<br />Duty to Maintein. Trustor shell maintain the Property in tenantable condition end promptly perform all repairs,
<br />replacements, and maintenance necessery to preserve its velue.
<br />Complience With Environmerrtal Laws. Trustor represents and warrents to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there hes been no use, generation, manufacture, storage, treatment, disposal,
<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 thet there has been, except as previously disclosed to and
<br />ecknowledged by Lender in writing, (a) eny breach or violation of any Environmentel Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazerdous Substance
<br />on, under, about or from the Property by any prior owners or occupents of the Property, or (c) eny actual or
<br />threatened litigation or claims of eny kind by any person relating to auch metters; end (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, manufacture, store, treat, diapose of or release eny Hazardous
<br />Substence on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all eppliceble federal, stete, end locel lews, regulations and ordinences, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender end its agents to enter upon the Property to meke such
<br />inspections and tests, at Trustor's expense, as Lender may deem eppropriate to determine complience 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 eny responsibility or Ilebility on the pert of Lender to Trustor or
<br />to any other person. The representations and werranties contained herein ere 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 (2) agrees to indemnify, defend, and hold harmless Lender egeinst any end all claims, losses,
<br />liabilities, damages, penalties, end expenses which Lender may directly or indirectly sustain or suffer resuldng 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 Properry, whether or
<br />not the same was or should have been known to Truator. The provisions of this section of the Deed of Trust,
<br />including the obligation to indemnify end dafend, shell survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Deed of Trust and ahall not be affected by Lender's acquisition of any interest
<br />in the Property, whetherby forectosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commlt, permit, or suffer 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, minerels (including
<br />oil and gas), coal, clay, scoria, soil, grevel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demoliah or remove any Improvements from the Real Property without
<br />Lender's pr(or written consent. As a condition to the removal of eny Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with lmprovementa of et leest equal
<br />value.
<br />Lender's Right to Enter. Lender end Lender's agents and representatives may enter upon the Real Property at ell
<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 end conditions of this Deed of Trust.
<br />Compliance whh Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all governmental euthorities appliceble to the use or occupancy of the
<br />Property, (ncluding without limitetion, the Americens With Disebilities Act. Trustor mey contest in good faith eny
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including eppropriate eppeals,
<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
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