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�01�fl��i91 � <br />DEED OF TRUST <br />Loan No: 101253472 (Continued) <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />Page 2 <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor werrants 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, and euthority to enter into <br />this Deed of Trust end to hypothecete the Property; ic) the provtsiona of th(s Deed of Trust do not conflict with, or <br />result in a default under any agreement or other instrument binding upon Trustor and do not reault in a violetion of any <br />law, regulation, court decree or order appltceble to Trustor; (d) Trustor has estebtished adequate means of obtaining <br />from Borrower on a continu(ng basis informetion ebout Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about Borrower ((ncluding without limftation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor we(ves ell r(ghts or defenses erising by reason of any "one action" or "enti-deficiency" <br />lew, or any other law which may prevent Lender from bringing any action against Truator, includfng a clalm for <br />deficiency to the extent Lender is otherwise entitled to a clalm for deficiency, before or after Lender's commencement <br />or completion of any foreclosure actfon, e(ther Judicially or by exercise of e power of sele. <br />PAYMENT AND PERFORMANCE. Except es otherwise provided in this Deed of Trust, Borrower shall pay to Lender all <br />Indebtedness secured by this Deed of Trust es it becomes due, end Borrower and Trustor shall perform ell their <br />respective obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br />possession and use ot the Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor mey (1) remain in possession end <br />control of the Property; (2) use, operate or menage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintein. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve ita value. <br />Compliance With Environmental Laws. Trustor represents and werrants to Lender that: (1) During the perfod of <br />Trustor's ownership of the Properry, there has been no use, generation, manufecture, storege, treatment, disposal, <br />release or threatened release of eny Hezardous Substence by any person on, under, about or from the Property; <br />(2) Trustor hes no knowledge of, or reason to beUeve that there has been, except as previously d(sclosed to and <br />acknowledged by Lender in writing, (al eny breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of eny Hezardous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) eny ectual 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 ecknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, egent or other <br />authorized user of the Properry shall use, generate, manufacture, store, treat, d(spose of or release any Hezardous <br />Substance on, under, ebout or from the Property; and (b) any such activity shell be conducted in comptiance with <br />all epplicable federal, state, end local lews, reguletions and ordinances, including without limitation ell <br />Environmental 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 may deem appropriate to determine compliance of the <br />Property with this section of the Deed of Trust. Any inspections or tests mede by Lender shall be for Lender's <br />purposes oniy and shall not be construed to create eny responsibil(ty or liability on the part of Lender to Trustor or <br />to any other person, The representations and warranties conteined herein ere based on Truator's due diligence in <br />investigating the Property for Hazardous Substances. Trustor hereby f7) releases and we(ves eny future claims <br />against Lender for (ndemnity 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 harmless Lender ageinst eny end all claims, losses, <br />1labilities, damages, penalties, and expenaes which Lender may directly or indirectly susta(n or suffer resulting from <br />a breach of thls section of the Deed of Truat or as a consequence of any use, generation, manufacture, storege, <br />disposel, 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 obligation to indemnify and defend, shall survive the payment of the Indebtednese end the satisfaction <br />and reconveyance of the lien of this Deed of Trust and shatl not be affected by Lender's ecqu(sition 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 eny portion of the Property. Without limiting the generelity of the <br />foregoing, Trustor wilt not remove, or grant to any other party the right to remove, any timber, minerels Uncluding <br />oil end gas), coal, clay, scorie, soil, gravel or rock products without Lender's prfor 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 eny 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 Right to Enter. Lender end Lender's agents end repreaentetives may enter upon the Real Properry at ell <br />reasonable times to attend to Lender's intereats 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 Governmental Requirements. Trustor shall promptly comply with all laws, ord(nances, end <br />reguletions, now or hereafter in effect, of ell governmental authorities applicable to the use or occupancy of the <br />