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DEED OF TRUST 2 012 0 5 7� 0
<br />Loan No: 101254792 (Continued) Page 2
<br />THIS DEED OF TRUST, INCLUDINO THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEIV TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (6) 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shell pay to Lender ell
<br />amounts secured by this Deed of Trust es they become due, and shall strfctly and in a timely manner perform ell of
<br />Trustor's obligations under the Note, th(s Deed of Trust, and the Releted Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor egrees that Trustor's possession end use of the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of en Event of Default, Trustor may (1) remain In poaseasion end
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Renta from the Property.
<br />Duty to Maintein. Trustor shall me(ntein the Property in good condition and promptly perform ell repairs,
<br />repiacements, and meintenence necessery to preserve its value.
<br />Compliance With Environmental Lews. Trustor represents end warrenta to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<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 thet there has been, except as previously disclosed to end
<br />acknowledged by Lender in writing, (a) eny breach or viotation of any Environmental Lews, (b) any use,
<br />generation, menufecture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by eny pr(or owners or occupenta of the Property, or (c) any actual or
<br />threatened litigation or claims of eny kind by any peraon relating to such metters; and (3) Faccept as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenent, 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) eny such ectivity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, reguletions and ordinances, including without Iimitation all
<br />Envfronmental Lewa. Trustor euthorizes Lender end its egenta to enter upon the Property to meke such
<br />inspections and tests, at Trustor's expense, as Lender may deem eppropriate to determine complfence of the
<br />Property with this section of the Deed of Trust. Any inspections or teats mede by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liebility on the pert 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 Hezardous Substances. Trustor hereby (1) releases and wafvea any future claima
<br />against Lender for indemnity or contribution in the event Trustor becomea liable for cleanup or other coste under
<br />any such laws; end (2) egrees to indemnify, defend, and hold harmlesa Lender against eny and all claims, loasea,
<br />liabilities, damages, penelties, and expenses which Lender mey directly or indirectly suatein or suffer resulting from
<br />a breach of this section of the Deed of Trust or es a consequence of eny use, generetion, menufacture, storage,
<br />disposal, retease or threatened release occurring prior to Trustor's ownership or interest in the Properry, whether or
<br />not the same wes or should heve been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligation to indemntfy and defend, shall survive the payment of the Indebtedness and the setisfection
<br />and reconveyance of the lien of this Deed of Trust and shall not be effected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not ceuse, conduct or permit any nuisance nor commit, permit, or suffer eny
<br />stripping of or weste on or to the Property or any portion of the Properry. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, eny 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 arrangementa satiafactory 4o Lender to replece such Improvements with IMprovements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property et 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 this Deed of Trust.
<br />Compliance with Govemmental Requlremer�ts. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter (n effect, of ell governmental authorfttes eppliceble to the use or occupency of the
<br />Property. Trustor mey contest (n good faith any such lew, ordinance, or regulation end withhold complience during
<br />any proceeding, including eppropriete appeals, so long as Trustor has notified Lender in writing prior to doing so
<br />and so long as, in Lender's sole opinion, Lender's interests in the Property ere not jeopardized. Lender may require
<br />Trustor to post adequate security or a surety bond, reesonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor egreea 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 end use of the Property ere
<br />reasonably neceasary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immedfetely due and peyable ell sums
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