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DEED OF TRUST 2 012 0 5 3 2 3 <br />Loan No: 101254117 (Continued) Page 2 <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 werrants thet: (a) this Deed of Trust is executed at <br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, end authority to enter into <br />this Deed of Trust end to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br />result in a dafeult under eny agreement or other instruMent binding upon Trustor and do not result in a violatfon of any <br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established edequate means of obtaining <br />from Borrower on a continuing basi's informetion about Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about Borrower (including without Iimitation 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 />law, or any other law which may prevent Lender trom bringing eny action against Trustor, including a ciaim for <br />deficiency to the extent Lender is otherwise entitled to a cleitn tor deficlency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay tp Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, end Borrower and Trustor shall perform all their <br />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 and Trustor's <br />possession and use of the Properry sNall be governed by the following provisions: <br />Possession and Use. Until the occurrence of en Event of Default, Trustor mey (1) remain in possession and <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor sMall maintain the Property in tenentable conditlon end promptly perform all repeirs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrents to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generetion, menufecture, storage, treatment, d(sposal, <br />release or threatened release of any Hazerdous Substance by any person on, under, ebout or from the Property; <br />12) 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) eny breach or vialation 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 ownera or occupants of the Propert,y, or (c) any actual or <br />threatened litigation, or cleims of any klnd by eny person relating to such matters; and (3) Except es 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, dispose of or release any Hazardous <br />Substance on, under, about or from the Property; end (b) any such activity sheii be conducted in compiiance with <br />all epplicable federal, state, and local laws, reguletions 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 Lender may deem eppropriate 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 pan of Lender to Trustor or <br />to any other person. The representations and warrenties contained herein are based on Trustor's due diligence in <br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases end waives eny future claims <br />against Lender for ihdemnity 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 any end ell claims, losses, <br />liabilities, demages, pertalties, and expenses which Lender fnay directly or indirectly sustaln or suffer resulting from <br />a breach of this sectio�t of the Deed of Trust or as a consequence of any use, generation, menufacture, storage, <br />disposal, release or threatened release occurring prior to Trustor's ownersRip or interest in the Property, whether or <br />not the same was or should have been krtown to 7rustor. The provisions of this section of the Deed of Trust, <br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction <br />and reconveyence of the Ilen of this Deed of Trust and ahall not be affected by Lender's acquisition of any irtterest <br />in the Property, whether by foreclosure or otherwfse. <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 any portion of the Property. Without limiting the generality of the <br />foregoing, Trustor will not remove, or grent 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 deritolish or remove any Improvements from the Reel Property without <br />Lender's prior written consent. As a cond(tion to the removal of any Improvements, Lender may require Trustor to <br />make arrengements 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 representatives mey enter upon the Real Property at all <br />reasoneble times to attend to Lender's interests end to inspect the Real Property for purposes of Trustor's <br />complianca with the terms and conditions of this Deed of Trust. <br />