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DEED OF TRUST � 0 �- � 0 5 7 5�.
<br />(Continued) Pa9e 2
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br />(2) 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) any breach or violation of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened Iitigation 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 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; and (b) any such activity shall be conducted in compliance with
<br />all applicable federel, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorfzes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem approp�fate to determine compliance of the
<br />Property with this sectfon of the Daed of Trust. Any inspections or tests made by Lender shall be for Lenders
<br />purposes only and shall not be construed to create any r�sponsibility or liabflity on the part of Lender to Trustor or
<br />to any other porson. The representations and warranties contained herein are based on Trustor's due dil(gence 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 indemnffy, defend, and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penelties, 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, 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 Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligatlon to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acqufsitfon of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nulsance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />sfipping of or waste on or to the Property or any portion of the Property. Without limiting the generelity 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 demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Wght to Enter. Lender and Lender's agents and representatives may enter upon the Real Properly 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 conditlons of this Deed of Trust.
<br />Compllance with Govemmental Requlrements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all govemmental autho�ities epplicable to the use or occupancy of the
<br />Property, including without Ilmftation, the Americans With DisabiliUes Act. Trustor may contest in good fafth any
<br />such law, ordinance, or regulatfon and withhold compliance durfng any proceeding, including appropriate appeals,
<br />so long as Trustor has notifted Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Properly are not j�pardized. Lender may requfre Trustor to post adequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Properly. Trustor shall do alf 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 Properly.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events p�for to delinquency) all taxes, special taxes, assessments,
<br />charges (fncluding water and sewer), flnes and imposkions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material fumished to the Properly. Trustor
<br />shall maintafn the Property free of all Ifens having priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connectfon with a good faith
<br />dispute over the obligadon to pay, so long as Lender's interest in the Property is not jeopardized. If a Ilen arises or
<br />is flled as a result of nonpayment, Trustor shall within flfteen (15) days after the Ifen arises or, if a lien is flled,
<br />within ftfteen (15) days after Trustor has notice of the flling, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs ar�d attomeys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itsetf and Lender and shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an addiUonal obligee
<br />under any surery bond fumished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes
<br />or assessments and shall authorize the approprfate govemmental official to deliver to Lender at any time a written
<br />statemerrt of the taxes and assessmerits against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are fumished, or any materials are supplied to the Properly, if any mechanic's lien, materialmen's Ifen, or
<br />other Ifen could be asserted on acxount of the work, services, or mate�ials. Trustor will upon request of Lender
<br />furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br />improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of flre insurance with standard extended
<br />coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid applicatlon of any cofnsurance clause, and with a stendard mortgagee
<br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br />coverage amounts as Lender may request with Trustee and Lender being named as additlonal insureds in such
<br />liability insurance policies. Additionally, Trustor shall mafntain such other insurance, including but not Iimited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably requfre. Policies ahall be written in
<br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companfes
<br />reasonabiy acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to tfine the
<br />poUcies or certiflcates of insurance in form satisfactory to Lender, including stipulations that coverages will not be
<br />cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also
<br />shall include an endorsement provfding that coverage in favor of Lender will not be impaired in any way by any act,
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