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DEED OF TRUST 2 p 12 0 6 3 21
<br />Loan No: 101255410 (Continued) Page 2
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. In eddition to the Note, this Deed of Trust secures all future edvences made by Lender to
<br />Borrower or Trustor whether or not the advances are made pursuant to e commitment. Specificelly, without limitation,
<br />this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its diacretion
<br />may loen to Borrower or Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiery in this Deed of Trust) all of Trustor's right, title, end
<br />interest in and to all present and future leases of the Properry and all Rents from the Property. In eddition, Trustor
<br />grants to Lender a Uniform Commercial Code security intereat in the Personat Property end Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<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 TERMS:
<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 authority to enter into
<br />this Deed of Trust and to hypothecate the Properry; (c) the provisions of this Deed of Trust do not conflict with, or
<br />result in a defeult under any agreement or other instrument binding upon Trustor and do not result in a violatfon of eny
<br />law, regulation, court decree or order app8cable to Trustor; (d) Trustor has estebUshed edequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's finencial condition; and (e) Lender has made no
<br />representation to Trustor about Borrower (including without Iimitation the creditworthiness of Borrowerl.
<br />TRUSTOR'S WAIVERS. Trustor weives all rights or defenses arising by reason of any "one action" or "enti-deficiency"
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a ctaim for
<br />deficiency to the extent Lender is othervvise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power of sele.
<br />PAYMENT AND PERFORMANCE. Except es otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to
<br />Lender all Indebtedness secured by this Deed of Trust es it becomes due, end Borrower and Trustor shall strictly
<br />perform all their 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 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 possession and
<br />control of the Property; (2) use, operete or menege the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall malntain the Property in tenantable condition end promptly perform all repairs,
<br />replecements, and maintenance necessery to preserve its velue.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generetion, menufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substence by any person on, under, ebout or from the Property;
<br />(2) Trustor has no knowledge of, or reason to beUeve that there has been, except as previously disclosed to and
<br />ecknowledged by Lender in writing, (a) any breach or violation of eny Environmental Laws, (b) eny use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of eny Hazerdous Substance
<br />on, under, ebout or from the Property by any prior owners or occupants of the Property, or (c) eny ectual or
<br />threatened litigation or cleims of eny kind by any person relating to such metters; and (3) Faccept as previously
<br />disclosed to end acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generete, manufacture, store, treat, dispose of or release any Hazerdous
<br />Substance on, under, about or from the Property; end (b) eny such activity shell be conduefed in complience with
<br />all appliceble federel, stete, and local laws, reguletions end ordinances, including without Umitation all
<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 mey deem appropriate to determine compUance of the
<br />Property with this aection of the Deed of Trust. Any fnspections or teats mede by Lender shell be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br />to any other person. The representations end werranties contained herein are besed on Trustor's due dillgence in
<br />investigat(ng the Propeny for Hazardous Substances. Trustor hereby (1) releeses end waives eny 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, and hold harmless Lender against eny end ell claims, lossea,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting ftom
<br />a breach of this section of the Deed of Trust or as a consequence of eny use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, 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 />inciuding the obligation to indemnify and defend, shall survive the peyment of the Indebtedness and the set(sfection
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition 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 eny
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