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Loan No: 101255986
<br />DEED OF TRUST
<br />(Continued) 2 Q i� o"j 6��tje 2
<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 shall pay to Lender all
<br />amounts secured by this Deed of Trust as they bec�ome due, and shall strictly and in e 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 THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor mey (1) remein in possession and
<br />control of the Property; (2) use, operete or manege the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good conditlon and promptly perform all repeirs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender thet: (1) During the period ot
<br />Trustor's ownership of the Property, there has been no use, generat(on, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by eny person on, under, ebout or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there hes been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generation, menufacture, storage, treatment, disposel, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Properry by eny prior owners or occupants of the Property, or (c) eny actual or
<br />threatened litigation or claims of any kind by eny person releting to such matters; end (3) Except es previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenent, contrector, egent or other
<br />authorized user of the Properry shell use, generate, manufacture, store, treat, dispose of or release eny Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and locel laws, regulations end ordinances, including without limitatlon ell
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to meke such
<br />Inspections and tests, at Trustor's expense, as Lender may deem appropriete 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 shell not be construed to create eny responsibility or liability on the part 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 Hazardous Substences. Trustor hereby (1) releases and waives any future cleims
<br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />eny such laws; and (2) agrees to indemnify, defend, and hold harmless Lender ageinst any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indtrectly sustein or suffer resulting from
<br />a breach of th(s section of the Deed of Trust or as a consequence of any use, generatlon, menufacture, storege,
<br />disposal, release or threatened retease 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 />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfection
<br />and reconveyence 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, Weste. Truator shell 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 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 />Removel of Improvements. Trustor shell 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 arrengements set(sfactory to Lender to replace such Improvements with Improvements of et least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives mey enter upon the Real Property at all
<br />reasoneble times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br />compliance with the terms and conditfons of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply w(th all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all governmental authorities epplfcable to the use or occupancy of the
<br />Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold complience during
<br />eny proceeding, including appropriate eppeals, so tong as Trustor has notified Lender in writing prior to doing so
<br />end so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
<br />Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shell do all other
<br />acts, in addition to those acta set forth above in this section, which from the character end use of the Property are
<br />reasonably necessary to protect end preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immedietely due and payable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of ell or any part of the
<br />Real Property, or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Properry; whether legal, beneficial or equitable; whether voluntary or involuntary;
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