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Loan No: 101254111
<br />20120535�
<br />DEED OF TRUST
<br />(Continued)
<br />Page 2
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender ell
<br />amounts secured by this Deed of Trust as they become due, and shell strictly and in a timely manner perform all of
<br />Trustor's obligations under the Note, this Deed of Trust, end the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor egrees that Trustor's posseasion end use of the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may i1) remein in possession end
<br />control of the Property; (2) usa, operate or manage the Property; end (3) collect the Rents from the Properry.
<br />Duty to Maintain. Trustor shell maintein the Property in good condition and promptly perform all repairs,
<br />replacements, and ma(ntenance necessary to preserve its velue.
<br />Compllance With Environme�ttal Laws. Trustor represents and warrants to Lender thet: (11 During the period of
<br />Trustor's ownership of the Property, there has been no use, generetion, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hezerdous Substance by any person on, under, about or from the Property;
<br />(2) Trustar has no knowledge af, or reason to believe that there has been, except es previously disclosed to and
<br />acknowledged by Lender in writing, (a) eny breach or violetion of any Environmental Laws, (b) eny use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or frofn the Property by any prior owners or occupants of the Property, or 1e1 eny actr�el or
<br />threatened litigation or claims of any kind by eny person relating 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, generete, manufacture, store, treat, dispose of or release any Hazerdous
<br />Substance on, under, about or from the Property; and (b) any such activfty shall be conducted in compliance with
<br />all eppliceble federal, state, and locel laws, regulations end ordinances, including without limitation all
<br />Environmentel 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 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 liebility on tNe 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 Hazerdous 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 against any and all claims, losses,
<br />liabilities, dameges, penalties, and expenses which 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, generetion, manufecture, storege,
<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 and defend, shall survive the payment of the Indebtedness end the satisfection
<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 />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 portioh 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 ges), coal, clay, scorie, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove at�y Improvements from the Real Property without
<br />Lender's prior written consent. As a condit(on to the removal of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Irrtprovements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender end Lender's agehts afld representatives may enter upon the Real Property at all
<br />reasonable tirrles to attend to Lender's intereats and to inspect the Real Properry for purposes of Trustor's
<br />compliance with the terms and conditfons of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with ell lews, ordinances, and
<br />regulations, now or hereafter in effect, of all governrriental authorities applicable to the use or occupancy of the
<br />Property. Trustor may contest in good faitl� any such law, ordinance, or regulation and withhold compliance during
<br />any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br />and so long as, in Lender's sole opinio�9, Lender's interests in the Property are not jeopardized. Lender mey require
<br />Trustor to post adequate security or a surety bond, reasonably satisfectory 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 character and use of the Property are
<br />reasonebly necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, et Lender's option, declare immediately due end payable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br />Real Property, or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Property; whether legel, beneficial or equitable; whether voluntery or involuntery;
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