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DEED OF TRUST 2 012 0 6 41 G
<br />Loan No: 101255392 (Continued) Page 2
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust
<br />secures, in addition to the emounta specified in the Note, all future amounts Lender in its discretion mey loen to
<br />Trustor, together with all interest thereon.
<br />Trustor presently essigns to Lender (slso known as Beneficiery in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and ell Rents trom the Property. In eddition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and 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 TWE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except es otherwise provided in th(s Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF TWE PROPERTY. Trustor agrees that Trustor's possassion and use of the
<br />Property shall be governed by the tollowing provisions:
<br />Possession and Use. Until the occurrence of en Event of Default, Trustor mey (1) remain in possession 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 sNall maintein the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve ita value.
<br />Compliance Wkh Environmental Laws. Trustor represents and warrents 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 Wazardous Substance by eny person on, under, ebout or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to end
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Lews, (b) any use,
<br />ganeration, manufacture, storege, treatment, disposal, release or threatened release of any Hazardous Substence
<br />on, under, about or from the Property' by any prior owners or occupents of the Property, or (c) eny actual or
<br />threatened litigation or claims of any kind by eny person relating to such matters; end (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor eny tenant, contrector, agent or other
<br />authorized user of the Property shell use, generate, manufacture, store, treat, dispose of or release eny Hezardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, stete, and local laws, regulations end ordinances, including without Ifmitation all
<br />Environmental Laws. Trustor authorizes Lender end 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 only and shall not be construed to create any responsibility or 1lability on the pert of Lender to Truator or
<br />to any other person. The representations and warrenties contained herein ere based on Trustor's due diligence in
<br />investigating the Property for Hezardous 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 (Z) egrees to (ndemnify, defend, and hold harmless Lender against eny and all cleims, losses,
<br />liabilities, damages, penelties, and expenses which Lender may dfrectly 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 Property, whether or
<br />not the same wes or should have been known to Trustor. The provisions of this aection of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyanca of the lien of thi� Deed of Trust and shell not be affected by Lender's acquisition 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 eny
<br />stripp(ng of or waste on or to the Property or any portfon 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 condit(on to the removel of any Improvements, Lender may require Trustor to
<br />make arrangements setisfactory to Lender to replace sucN Improvements w(th 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 ettend 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 Governrtiental Requirements. Trustor shall promptly comply witH ell laws, ordinances, end
<br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br />Property, including without limftation, the Americans With Disebilities Act. Trustor mey contest in good faith eny
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