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Loan No: 101254750
<br />V
<br />DEED OF TRUST
<br />(Continued) '
<br />tr �
<br />, Page 2
<br />Borrower or Trustor whether or not the advances are mede pursuant to a commitment. Specifically, without limitation,
<br />this Deed of Trust secures, in addition to the emounts specified in the Note, all future emounts Lender in its discretion
<br />may loan to Borrower or Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, end
<br />interest in and to all present and future leases of the Property and all Rents from the Propeny. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property end Rents.
<br />THIS DEED OF TRUST, INCLUDING 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 IB) PEHFORMANCE 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 warrants that: (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 da not conflict with, or
<br />result in a default under eny egreement or other instrument binding upon Trustor and do not result in a violetion of eny
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obteining
<br />from Borrawer on a continuing besis information about Borrower's financial condition; and (e) Lender has made no
<br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl.
<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 from bringing eny action against Trustor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to a claim for deficieitCy, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of � power of sele.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dee,d of Trust, Borrower and Trustor shall pay to
<br />Lender all Indebtedness secured by this Deed of Trust es it becomes due,, and, Borrawer and Trustor shell strictly
<br />perform all their respective obligations under the Note, this Deed of Trust„ end the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor egree that Borrower's and Trustor's
<br />possession and use of the Properry shall be governed by the following pravi§ions:
<br />Possession and Use. Until the occurrence of an 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 shall maintain the Property in tenentable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender thet: (1) During the period of
<br />Trustar's ownership of the Property, there has been no use, generetion, manufecture, storage, treatment, disposal,
<br />release or threatened release of any Haaardous Substance by any person on, under, ebout or from 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 violatlon of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of eny Hezardous Substence
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenent, contrector, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release eny Hezardous
<br />Substance on, under, about or from the Property; and Ib) any such activity shall be conducted in compliance witN
<br />ell applicable federal, state, end local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to meke such
<br />inspections and tests, at Trustor's expense, as Lender may 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 end shall not be construed to create any responsibility or liabflfty on the part 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 Hezardous Substances. Trustor hereby (1► releases end wafves 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) egrees to indemnify, defend, end hold harmleSs Lender egeinst any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender mey'directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence df eny use, generation, manufacture, storage,
<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 and the satisfactlon
<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 weste on or to the Property or eny portlon of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to eny other party the right to remove, any timber, minerals (including
<br />oil and gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
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