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Loan No: 101253625
<br />DEED OF TRUST 2 012 0 5 5 9 4
<br />(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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMSq
<br />PAYMENT AND PERFORMANCE. Except as 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, and shall strictly and in a timely manner perform all of
<br />Trustor's obligetions under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Posaession and Use. Until the occurrehce of an Event of Default, Trustor may (1) remein in possession and
<br />control of the Property; (2) use, operete or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repeirs,
<br />replacements, and maintenance necessary to preserve its value.
<br />CompUence With Environmentel Laws. Trustor represents and werrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Properry, there has been no use, generation, menufecture, storage, treatment, disposal,
<br />release or threatened release of any Wazerdous Substance by any person on, under, about or frotn the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there Nas been, except es prevfousiy disclosed to and
<br />acknowledged by Lender in writing, (a) eny breach or �violation of any Environmentel -Laws, Ib) eny use,
<br />generation, manufacture, storage, treatmerlt, disposal, release or threatened release of any Hazardous Substence
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) eny actual or
<br />threatened litigatior� or claims of eny kind by any persorl relating to such matters; end (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contrector, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br />Substence on, under, about or from the Property; and (b) any such activity shall be aonducted in complfance with
<br />all applicable federal, state, and local laws, reguletions and ordinences, including without limitation all
<br />Environmental Lews. 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 appropriete to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shell be for Lender's
<br />purposes only and shall not be construed to create any responsibility or Ifability on the part of Lender to Trustor or
<br />to any other person. The representations and warranties contained herein ere based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases end 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, end hold hermless Lender ageinst any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lehder r�ay 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, generation, manufacture, storege,
<br />disposel, release or threatened release occurring pr(or to Trustor's ownership or interest in the Property, whether or
<br />not the same was or should have been k�own to Trustor. The provisions of this sectiorl of the Deed of Trust,
<br />including the obligation to it�demnify and defend, shall survive the payment of the Indebtedness end the satisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be effected by Lender's acquisition of eny interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, corlduct or perm(t any nuisance hor comi'nit, permit, or suffer eny
<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 perty the right tb remove, any timber, minerals (including
<br />oil end gesl, coal, clay, scoria, soil, gravel or rock products without Lender's prfor written consent.
<br />Removel of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As a condition to the removal of eny improvements, Lender may require Trustor to
<br />make arrangements sat(sF�ctory to Lender to replace such Improvemants with Improvements of at least equal
<br />velue.
<br />Lender's Right to Enter. Lender and Lender's agents end representatives may enter upon the Real Property at all
<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 and conditions of thlis Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all lews, ordinances, and
<br />reguletions, now or hereafter in effect, of all governmental euthorities applicable to tlte use or occupancy of the
<br />Property. Trustor may contest in good faith any such lew, ordinance, or regulation and withhold compliance during
<br />any proceeding, including appropriate appeais, so long as Trustor has notified Lender in writing prior to doing so
<br />snd so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender mey require
<br />Trustor to post adequate security or a surety bond, reasonably setisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor egrees 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 />reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immedietely due and peyable all sums
<br />secured by this Deed of Trust upon the sele or transfer, without Lender's prior written consent, of ell or any part of the
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