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<br />DEED OF TRUST
<br />Loan No: 101255095 (Continued) P�ge 2
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor werrents that: (a) this Deed of Trust is executad at
<br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into
<br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or
<br />result in a default under any agreement or other instrument binding upon Trustor end do not result in e violation of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining
<br />from Borrower on e continuing basis information about Borrower's financial condition; and (e) Lender has made no
<br />representetion to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives ell 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 any action against Trustor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of eny foreclosure action, aither judicially or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their
<br />respective obligetions under the Note, this Deed of Trust, and the Releted Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower end Trustor agree that Borrower's and Trustor's
<br />possession and use of the 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 possess(on 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 good 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 that: (1) During the period of
<br />Trustor's ownership of the Propeny, there has been rto use, generation, manufacture, storege, 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 that there has been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Lews, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of eny Wazardous 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 litigation or claims of any ki►1d 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 af the Property shall use, generete, manufacture, store, treat, dispose of or release any Hazerdous
<br />Substance on, under, about or frorn the Property; end (b) any such activity shall be conducted in compliance wit�
<br />all applicable federal, state, and local laws, regulations and ordihances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, et 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 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 warrenties contained herein are based on Trustor's due diligaY�ce in
<br />investigating the Properry for Wazerdous 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 u�tder
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender agai�hst any and ell claims, losses,
<br />liabilities, damages, penalties, 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 es a consequence of any use, generation, manufacture, atorege,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in tfie Property, whether or
<br />not the same wes or should have been known to Trustor. The provisions of this sect(on of the Deed of Trust,
<br />including the obligation :o indemnify and defend, shell survive the payment of the Indebtedness and tYie satisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any (nterest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nulsance, Weste. 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 any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant 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 witfi Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upo�1 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 this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, end
<br />regulations, now or hereafter in effect, of all governmental authoritiea epplicable to the use or occupency of the
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